Certain Electronic Eyewear Products and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation as to the Remaining Respondent Based on Settlement; Termination of the Investigation, 86837 [2024-25379]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Page 86837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25379]



[[Page 86837]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1383]


Certain Electronic Eyewear Products and Components Thereof; 
Notice of Commission Decision Not To Review an Initial Determination 
Terminating the Investigation as to the Remaining Respondent Based on 
Settlement; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 71) of the presiding Administrative Law Judge 
(``ALJ'') granting an unopposed motion to terminate the investigation 
as to the remaining respondent Magic Leap, Inc. of Plantation, Florida 
(``Settling Respondent'') based on settlement, thereby terminating the 
investigation in its entirety. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 December 27, 2023, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Ingeniospec, LLC (``Ingeniospec'') of San Jose, 
California. See 88 FR 89465-66 (Dec. 27, 2023). The complaint alleges a 
violation 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 electronic eyewear products and components 
thereof by reason of the infringement of certain claims of U.S. Patent 
Nos. 8,770,742; 10,310,296; 11,762,224 (``the '224 patent''); and 
11,803,069 (``the '069 patent''). See id. In addition to the Settling 
Respondents, the notice of investigation names the following 
respondents: Ampere LLC, Ampere Technologies, and GGTR LLC, all of 
Dover, Delaware; Gogotoro LLC of Brooklyn, New York; Zhuhai Wicue 
Technology Co., Ltd. of Zhuhai, China; Bose Corporation of Framingham, 
Massachusetts; Epson America, Inc. of Los Alamitos, California; Seiko 
Epson Corporation of Nagano, Japan; Everysight Ltd. of Haifa, Israel; 
Everysight US Inc. of New York, New York; Quanta Computer Incorporated 
of Taoyuan City, Taiwan; Lenovo (United States), Inc. of Morrisville, 
North Carolina; Lenovo Group Limited of Hong Kong, China; Lenovo 
Information Products (Shenzhen) Co., Ltd. of Shenzhen, China; Lucyd 
Ltd. of London, United Kingdom; Innovative Eyewear, Inc. of North 
Miami, Florida; Luxottica Group S.p.A. of Milan, Italy; Luxottica of 
America, Inc. of Mason, Ohio; Razer Inc. and Razer USA Ltd., both of 
Irvine, California; TCL Technology Group Corporation of Huizhou, China; 
TCL Electronics Holdings Limited of Hong Kong, China; Falcon Innovation 
Technology, (Shenzhen) Co., Ltd. of Shenzhen, China; ThirdEye Gen, Inc. 
of Princeton, New Jersey; Vuzix Corporation of West Henrietta, New 
York; XREAL, Inc. of Sunnyvale, California; EXREAL Technology Limited 
of Hong Kong, China; and Matrixed Reality Technology Co., Ltd. of Wuxi, 
China. Id. The Office of Unfair Import Investigations is not a party to 
the investigation. Id.
    The Commission previously terminated all respondents other than the 
Settling Respondent. See Order No. 17 (Jan. 31, 2024), unreviewed by 
Comm'n Notice (Feb. 29, 2024); Order No. 18 (Feb. 2, 2024), unreviewed 
by Comm'n Notice (Mar. 4, 2024); Order No. 24 (Feb. 27, 2024), 
unreviewed by Comm'n Notice (Mar. 21, 2024); Order No. 28 (Mar. 4, 
2024), unreviewed by Comm'n Notice (Mar. 21, 2024); Order No. 35 (Mar. 
20, 2024), unreviewed by Comm'n Notice (Apr. 17, 2024); Order No. 37 
(Mar. 21, 2024), unreviewed by Comm'n Notice (Apr. 17, 2024); Order No. 
39 (Apr. 1, 2024), unreviewed by Comm'n Notice (Apr. 26, 2024); Order 
No. 47 (May 10, 2024), unreviewed by Comm'n Notice (May 22, 2024); 
Order No. 56 (June 20, 2024), unreviewed by Comm'n Notice (July 8, 
2024); Order No. 57 (June 20, 2024), unreviewed by Comm'n Notice (July 
8, 2024); Order No. 69 (Sept. 19, 2024), unreviewed by Comm'n Notice 
(Oct. 8, 2024).
    On July 8, 2024, the Commission terminated the investigation as to 
the '069 patent in its entirety, as well as claims 29, 30, 32, 40-42, 
and 48 of the '224 patent, based on partial withdrawal of the 
complaint. See Order No. 57 (June 20, 2024), unreviewed by Comm'n 
Notice (July 8, 2024).
    On September 27, 2024, complainant Ingeniospec and the Settling 
Respondent filed a joint motion (``Motion'') to terminate the 
investigation as to the Settling Respondent based on settlement, to 
stay the procedural deadlines as to the Settling Respondent, and to 
limit service of the settlement agreement.
    On October 9, 2024, the ALJ issued the subject ID (Order No. 71) 
granting the Motion. Pursuant to Commission Rule 210.21(b) (19 CFR 
210.21(b)), the ID notes that ``public and confidential versions of the 
settlement agreement between Ingeniospec and [the Settling Respondent] 
were attached to the motion.'' ID at 2. The ID also notes that ``the 
motion contains a statement that there are no other agreements, written 
or oral, express or implied between the parties concerning the subject 
matter of the investigation.'' Id. The ID further finds, pursuant to 
Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)), that termination of 
the Settling Respondent from the investigation will not adversely 
affect the public interest. See id. The ALJ further granted the request 
to limit service of the confidential version of the settlement 
agreement. See id. Because the Settling Respondent is the last 
remaining respondent in the investigation, the ID also terminates the 
investigation in its entirety. See id. at 3.
    No petition for review of the subject ID was filed.
    The Commission has determined not to review the subject ID. The 
investigation is terminated as to the Settling Respondent and in its 
entirety.
    The Commission's vote for this determination took place on October 
28, 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: October 28, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-25379 Filed 10-30-24; 8:45 am]
BILLING CODE 7020-02-P