Certain Cellular Base Station Communication Equipment, Components Thereof, and Products Containing Same; Notice of Institution of Investigation, 26918-26919 [2024-07991]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Notices]
[Pages 26918-26919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07991]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1397]


Certain Cellular Base Station Communication Equipment, Components 
Thereof, and Products Containing Same; Notice of Institution of 
Investigation

AGENCY: U.S. International Trade Commission

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 11, 2024, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Motorola 
Mobility LLC of Chicago, Illinois. A supplement was filed on March 19, 
2024. The complaint, as supplemented, alleges violations of section 337 
based upon the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain cellular base station communication equipment, components 
thereof, and products containing same by reason of the infringement of 
certain claims of U.S. Patent No. 11,076,304 (``the '304 patent'') and 
U.S. Patent No. 11,711,706 (``the '706 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES:  The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2024).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 10, 2024, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 10-18 of the '304 patent and claims 15-20 of the '706 patent, 
and whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and

[[Page 26919]]

Procedure, 19 CFR 210.10(b)(1), the plain language description of the 
accused products or category of accused products, which defines the 
scope of the investigation, is ``cellular base station communication 
equipment, specifically 5G NR radio units and baseband units, 
components thereof, and products containing same'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Motorola Mobility LLC, 222 W. Merchandise 
Mart Plaza, Suite 1800, Chicago, Illinois 60654.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served: Ericsson AB, Torshamnsgatan 23, Kista, 16480 
Stockholm, Sweden; Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, 
Kista, SE-164 83, Stockholm, Sweden; Ericsson Inc., 6300 Legacy Drive, 
Plano, TX 75024.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: April 10, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-07991 Filed 4-15-24; 8:45 am]
BILLING CODE 7020-02-P