Certain WI-FI Access Points, Routers, Range Extenders, Controllers and Components Thereof; Notice of Institution of Investigation, 51899-51900 [2024-13497]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Notices]
[Pages 51899-51900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13497]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1405]


Certain WI-FI Access Points, Routers, Range Extenders, 
Controllers and Components Thereof; Notice of Institution of 
Investigation

AGENCY: 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 May 7, 2024, under section 337 
of the Tariff Act of 1930, as amended, on behalf of TP-Link USA 
Corporation of Irvine, California and TP-Link Corporation PTE Ltd. of 
Singapore. A supplement was filed on May 15, 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 wi-fi access 
points, routers, range extenders, controllers and components thereof by 
reason of the infringement of certain claims of U.S. Patent No. 
7,636,550 (``the '550 patent''); U.S. Patent No. 8,176,148 (``the '148 
patent''); U.S. Patent No. 8,229,357 (``the '357 patent''); U.S. Patent 
No. 7,672,268 (``the '268 patent''); and U.S. Patent No. 8,774,008 
(``the '008 patent''). The complaint further alleges that an industry 
in the United States exists or is in the process of being established 
in the United States as required by the applicable Federal Statute. On 
June 10, 2024, counsel for respondent Netgear Inc. filed a Supplemental 
Submission on the Public Interest and Request for Leave to File Out of 
Time. On June 12, 2024, an Opposition to Netgear's Motion to Submit a 
Supplemental Submission on the Public Interest was filed on behalf of 
complainants. The Commission has determined to accept both filings. 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 June 13, 2024, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted

[[Page 51900]]

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 1-12 of the '550 patent; claims 1-17 of the 
'148 patent; claims 1, 5-7, and 10-12 of the '357 patent; claims 1-18 
of the '268 patent; and claims 1-17 of the '008 patent, and whether an 
industry in the United States exists or is in the process of being 
established in the United States 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 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 ``WiFi access points, 
routers, range extenders, and controllers and circuit boards for use in 
WiFi access points, routers and range extenders'';
    (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 complainants are:

TP-Link USA Corporation, 10 Mauchly, Irvine, CA 92618
TP-Link Corporation PTE Ltd., 7 Temasek Boulevard, #29-03 Suntec Tower 
One, Singapore 038987

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the party upon which the complaint is 
to be served:

Netgear Inc., 350 East Plumeria Drive, San Jose, CA 95134

    (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: June 14, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13497 Filed 6-18-24; 8:45 am]
BILLING CODE 7020-02-P