Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch Cords, Products Containing the Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Leave To Amend the Complaint and Notice of Investigation, 67970-67971 [2024-18849]
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67970
Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Notices
Inc. of Canada; and Skyworks Global
Pte. Ltd. of Singapore. A letter
supplementing the complaint was filed
on August 5, 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 wireless front-end modules and
devices containing the same by reason
of the infringement of certain claims of
U.S. Patent No. 8,717,101 (‘‘the ’101
patent’’); U.S. Patent No. 9,917,563 (‘‘the
’563 patent’’); U.S. Patent No. 7,409,200
(‘‘the ’200 patent’’); U.S. Patent No.
9,450,579 (‘‘the ’579 patent’’); and U.S.
Patent No. 9,148,194 (‘‘the ’194 patent’’).
The complaint, as supplemented,
further alleges that an industry in the
United States exists or is in the process
of being established as required by the
applicable Federal Statute. The
complainants request that the
Commission institute an investigation
and, after the investigation, issue a
general exclusion order, or in the
alternative a limited exclusion order,
and cease and desist orders.
ADDRESSES: The complaint, as
supplemented, 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
EDIS3Help@usitc.gov. 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:
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
August 16, 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
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17:28 Aug 21, 2024
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identified in paragraph (2) by reason of
infringement of one or more of claims 1,
2, 10, 11, 17, 18, and 20–22 of the ’101
patent; claims 14, 15, 17, and 20 of the
’563 patent; claims 1, 2, 6, 10–12, 15,
18–20, and 23–25 of the ’200 patent;
claims 1 and 7 of the ’579 patent; and
claim 4 of the ’194 patent, and whether
an industry in the United States exists
or is in the process of being established
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 ‘‘wireless front-end
modules and wireless routers’’;
(3) 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:
Skyworks Solutions, Inc., 5260
California Avenue, Irvine, CA 92617
Skyworks Solutions Canada, Inc., 1135
Innovation Drive, Ottawa, Ontario
K2K 3G7, Canada
Skyworks Global Pte. Ltd., 3 Bedok
South Rd., Singapore 469269
(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:
Kangxi Communication Technologies
(Shanghai) Co., Ltd., 5th Floor,
Building 10, No. 399 Keyuan Road,
Pudong New Area, Shanghai, China
Grand Chip Labs, Inc., 14151 Newport
Ave., Suite 204, Tustin, CA 92780
D-Link Corporation, 4F 289 Sinhu 3rd
Road, Neihu District, Taipei, 114
Taiwan
D-Link Systems Inc., 14420 Myford
Road, Suite 100, Irvine, CA 92606
Ruijie Networks Co., Ltd., Building 19,
Juyuanzhou Industrial Park, No. 618,
Jinshan Road, Cangshan District,
Fuzhou, Fujian, China
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(4) 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, as
supplemented, 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)
PO 00000
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Fmt 4703
Sfmt 4703
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 complainants
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.
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).
Issued: August 16, 2024.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2024–18817 Filed 8–21–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1399]
Certain Fiber-Optic Connectors,
Adapters, Jump Cables, Patch Cords,
Products Containing the Same, and
Components Thereof; Notice of
Commission Determination Not To
Review an Initial Determination
Granting Leave To Amend the
Complaint and Notice of Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 27) of the presiding
administrative law judge (‘‘ALJ’’)
granting leave to amend the complaint
and notice of investigation.
SUMMARY:
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Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On April
26, 2024, the Commission instituted this
investigation based on a complaint, as
supplemented, filed on behalf of US
Conec, Ltd., of Hickory, North Carolina
(‘‘US Conec’’). 89 FR 32459–60 (Apr. 26,
2024). The complaint alleged violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain fiber-optic
connectors, adapters, jump cables, patch
cords, products containing the same,
and components thereof that infringe
certain claims of U.S. Patent Nos.
11,733,466; 11,808,994; 11,906,794;
11,880,075; 11,385,415 and 10,495,823.
Id. at 32459. The complaint also alleged
that a domestic industry exists. Id. The
Commission’s notice of investigation
names as respondents Senko Advance
Co., Ltd. of Yokkaichi City, Japan and
Senko Advanced Components, Inc. of
Hudson, Massachusetts (‘‘the Senko
Respondents’’); Eaton Corp. of Dublin,
Ireland; Tripp Lite Holdings, Inc. of
Woodridge, Illinois; FS.com Inc. of New
Castle, Delaware; Infinite Electronics,
Inc. of Irvine, California; L-com, Inc. of
North Andover, Massachusetts;
Sumitomo Electric Industries, Ltd. of
Osaka, Japan; Sumitomo Electric
Lightwave Corp. of Raleigh, North
Carolina; Sumitomo Electric U.S.A., Inc.
of Torrance, California; EZconn Corp. of
New Taipei City, Taiwan; Flexoptix
GmbH of Darmstadt, Germany;
Shenzhen UnitekFiber Solution Ltd. of
Shenzhen, China; Hubbell Inc. of
Shelton, Connecticut; Hubbell Premise
Wiring, Inc. of Shelton, Connecticut;
Shenzhen IH Optics Co., Ltd. of
Shenzhen, China; Rayoptic
Communication Co., Ltd., of Shenzhen,
China; and HuNan Surfiber Technology
Co., Ltd. of Changsha, China. Id. at
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17:28 Aug 21, 2024
Jkt 262001
32460. The Office of Unfair Import
Investigations (‘‘OUII’’) is participating
in this investigation. Id.
On July 9, 2024, US Conec filed a
motion for leave to amend the
complaint and notice of investigation to:
(1) add Protai Photonic Co., Ltd.,
Jarllytec Co., Ltd., and Wave2Wave
Solutions Corp. d/b/a FiberSmart as
respondents; (2) correct the name of
respondent L-com, Inc. to L-com, LLC;
(3) adopt a previous supplement to the
original complaint; and (4) correct a
typographic error in paragraph 54 of the
complaint. On July 18, 2024, OUII filed
a response in support of the motion. On
July 19, 2024, the Senko Respondents
opposed the proposed addition of the
three respondents because the additions
were not sufficiently supported by
evidence. No other party responded to
the motion. On July 24, 2024, US Conec
filed a reply in support of its motion.
On July 31, 2024, the ALJ issued the
subject ID granting the motion and
granted leave to US Conec to amend its
complaint as requested pursuant to
Commission Rule 210.14(b)(1) (19 CFR
210.14(b)(1)). The ID finds that US
Conec showed that the proposed
additional respondents were involved in
activities concerning the same accused
products already at issue in the
investigation, that good cause supports
the amendments, and that the
amendments would not prejudice the
public interest or the rights of the
parties. No petitions for review of the
subject ID were received.
The Commission has determined not
to review the subject ID.
The Commission vote for this
determination took place on August 16,
2024.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: August 19, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–18849 Filed 8–21–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
International Trade
Commission.
AGENCY:
PO 00000
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Fmt 4703
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ACTION:
67971
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Cochlear Implant
Systems and Components Thereof, DN
3768; the Commission is soliciting
comments on any public interest issues
raised by the complaint or
complainant’s filing pursuant to the
Commission’s Rules of Practice and
Procedure.
SUMMARY:
Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of
Advanced Bionics AG and Advanced
Bionics LLC on August 16, 2024. The
complaint alleges violations of section
337 of the Tariff Act of 1930 (19 U.S.C.
1337) in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain cochlear implant
systems and components thereof. The
complaint names as respondents: MED–
EL Corporation, USA of Durham, NC;
and MED-EL Elektromedizinische
Geräte GmbH of Austria. The
complainant requests that the
Commission issue a limited exclusion
order, cease and desist orders, and
impose a bond upon respondents’
alleged infringing articles during the 60day Presidential review period pursuant
to 19 U.S.C. 1337(j).
Proposed respondents, other
interested parties, members of the
public, and interested government
agencies are invited to file comments on
any public interest issues raised by the
FOR FURTHER INFORMATION CONTACT:
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Agencies
[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 67970-67971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18849]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1399]
Certain Fiber-Optic Connectors, Adapters, Jump Cables, Patch
Cords, Products Containing the Same, and Components Thereof; Notice of
Commission Determination Not To Review an Initial Determination
Granting Leave To Amend the Complaint and Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 27) of the presiding administrative law judge
(``ALJ'') granting leave to amend the complaint and notice of
investigation.
[[Page 67971]]
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On April 26, 2024, the Commission instituted
this investigation based on a complaint, as supplemented, filed on
behalf of US Conec, Ltd., of Hickory, North Carolina (``US Conec''). 89
FR 32459-60 (Apr. 26, 2024). The complaint alleged violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337,
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain fiber-optic connectors, adapters, jump cables, patch cords,
products containing the same, and components thereof that infringe
certain claims of U.S. Patent Nos. 11,733,466; 11,808,994; 11,906,794;
11,880,075; 11,385,415 and 10,495,823. Id. at 32459. The complaint also
alleged that a domestic industry exists. Id. The Commission's notice of
investigation names as respondents Senko Advance Co., Ltd. of Yokkaichi
City, Japan and Senko Advanced Components, Inc. of Hudson,
Massachusetts (``the Senko Respondents''); Eaton Corp. of Dublin,
Ireland; Tripp Lite Holdings, Inc. of Woodridge, Illinois; FS.com Inc.
of New Castle, Delaware; Infinite Electronics, Inc. of Irvine,
California; L-com, Inc. of North Andover, Massachusetts; Sumitomo
Electric Industries, Ltd. of Osaka, Japan; Sumitomo Electric Lightwave
Corp. of Raleigh, North Carolina; Sumitomo Electric U.S.A., Inc. of
Torrance, California; EZconn Corp. of New Taipei City, Taiwan;
Flexoptix GmbH of Darmstadt, Germany; Shenzhen UnitekFiber Solution
Ltd. of Shenzhen, China; Hubbell Inc. of Shelton, Connecticut; Hubbell
Premise Wiring, Inc. of Shelton, Connecticut; Shenzhen IH Optics Co.,
Ltd. of Shenzhen, China; Rayoptic Communication Co., Ltd., of Shenzhen,
China; and HuNan Surfiber Technology Co., Ltd. of Changsha, China. Id.
at 32460. The Office of Unfair Import Investigations (``OUII'') is
participating in this investigation. Id.
On July 9, 2024, US Conec filed a motion for leave to amend the
complaint and notice of investigation to: (1) add Protai Photonic Co.,
Ltd., Jarllytec Co., Ltd., and Wave2Wave Solutions Corp. d/b/a
FiberSmart as respondents; (2) correct the name of respondent L-com,
Inc. to L-com, LLC; (3) adopt a previous supplement to the original
complaint; and (4) correct a typographic error in paragraph 54 of the
complaint. On July 18, 2024, OUII filed a response in support of the
motion. On July 19, 2024, the Senko Respondents opposed the proposed
addition of the three respondents because the additions were not
sufficiently supported by evidence. No other party responded to the
motion. On July 24, 2024, US Conec filed a reply in support of its
motion.
On July 31, 2024, the ALJ issued the subject ID granting the motion
and granted leave to US Conec to amend its complaint as requested
pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)). The ID
finds that US Conec showed that the proposed additional respondents
were involved in activities concerning the same accused products
already at issue in the investigation, that good cause supports the
amendments, and that the amendments would not prejudice the public
interest or the rights of the parties. No petitions for review of the
subject ID were received.
The Commission has determined not to review the subject ID.
The Commission vote for this determination took place on August 16,
2024.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: August 19, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18849 Filed 8-21-24; 8:45 am]
BILLING CODE 7020-02-P