Certain Semiconductor Devices, and Methods of Manufacturing Same and Products Containing the Same Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Denial of Motion for Sanctions; Termination of the Investigation, 90051-90053 [2024-26431]
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
an Indian Tribe or Native Hawaiian
organization with cultural affiliation.
Repatriation of the associated
funerary objects described in this notice
to a requestor may occur on or after
December 16, 2024. If competing
requests for repatriation are received,
the California State University,
Sacramento must determine the most
appropriate requestor prior to
repatriation. Requests for joint
repatriation of the associated funerary
objects are considered a single request
and not competing requests. The
California State University, Sacramento
is responsible for sending a copy of this
notice to the Indian Tribes and Native
Hawaiian organizations identified in
this notice.
Authority: Native American Graves
Protection and Repatriation Act, 25
U.S.C. 3003, and the implementing
regulations, 43 CFR 10.10.
Dated: November 7, 2024.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2024–26466 Filed 11–13–24; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2023–0061]
Notice of Availability of the California
Offshore Wind Draft Programmatic
Environmental Impact Statement
Bureau of Ocean Energy
Management, Interior.
ACTION: Notice of availability.
AGENCY:
The Bureau of Ocean Energy
Management (BOEM) announces the
availability of the draft programmatic
environmental impact statement (PEIS)
for California Offshore Wind. The
Proposed Action of the draft PEIS is the
identification of programmatic
mitigation measures to lessen the
environmental impacts of commercialscale offshore wind energy development
in the five lease areas offshore Northern
and Central California on the Outer
Continental Shelf (OCS). These
mitigation measures may be required as
conditions of approval for activities
proposed within future construction
and operations plans (COPs) prepared
by leaseholders for approval to begin
construction within the lease areas. This
PEIS, if finalized and approved, will not
result in the approval of any
construction and operation activities.
ADDRESSES: The draft PEIS and
associated information are available on
BOEM’s website at: https://
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SUMMARY:
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www.boem.gov/renewable-energy/stateactivities/california-offshore-windprogrammatic-environmental-impact.
FOR FURTHER INFORMATION CONTACT: Lisa
Gilbane, Chief, Environmental Analysis
Section, Bureau of Ocean Energy
Management, Camarillo, California
Office, 760 Paseo Camarillo, Suite 102,
Camarillo, CA 93010, (805) 384–6387 or
lisa.gilbane@boem.gov.
Submission of Public Comments: The
90-day comment period begins on
February 12, 2025. Public comments can
be submitted in two ways: (1) Through
the regulations.gov web portal: Navigate
to https://www.regulations.gov and
search for Docket No. BOEM–2023–
0061. Select the document in the search
results on which you want to comment,
click on the ‘‘Comment’’ button, and
follow the online instructions for
submitting your comment. A
commenter’s checklist is available on
the comment web page. Enter your
information and comment, then click
‘‘Submit.’’ (2) By mail or delivery
service: Send comments in an envelope
labeled, ‘‘CALIFORNIA OSW PEIS’’ and
addressed to Lisa Gilbane,
Environmental Assessment Section,
Office of Environment, Bureau of Ocean
Energy Management, 760 Paseo
Camarillo, Suite 102, Camarillo,
California 93010.
BOEM’s virtual public meetings will
be held on the following date at the time
(Pacific time) indicated.
Tuesday January 28, 2025, 5:00 p.m.
Thursday, January 30, 2025, 12:00
p.m.
Please go to https://www.boem.gov/
caoffshorewindpeis for registration
links, dates, times and for additional
information and updates. Meetings are
open to the public and free to attend.
SUPPLEMENTARY INFORMATION: This draft
PEIS assesses potential biological,
socioeconomic, physical, and cultural
impacts that could result from floating
offshore wind energy development
associated with the two leases offshore
Humboldt Bay (OCS–P 0561 and 0562)
and three leases offshore Morro Bay
(OCS–P 0563, 0564, and 0565) and
considers the reduction or avoidance of
those impacts that could result from
adopting mitigation measures. BOEM
issued these five leases May 16, 2023.
The leases total approximately 373,000
acres (∼583 square miles) and are the
first wind energy leases offshore
California. Water depths in the lease
areas range from 1,640 to 4,265 feet (500
to 1,300 meters); the use of floating
foundations that anchor to the sea floor
is anticipated.
The existing wind leases grant the
lessees the exclusive right to submit a
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90051
COP to BOEM proposing the
construction, operation, and
decommissioning of offshore wind
energy facilities in the lease area. BOEM
will conduct site-specific National
Environmental Policy Act (NEPA)
analyses on all COPs submitted and may
conclude that the inclusion of
additional mitigation measures not
identified in this draft PEIS is required.
The Proposed Action is BOEM’s
adoption of a suite of program-level
mitigation measures that could be
applied to activities to reduce or avoid
potential impacts.
Alternatives: In addition to the
Proposed Action, BOEM considered two
alternatives: A No Action Alternative,
and an alternative that does not include
the addition of mitigation measures in
order to assess the effectiveness of
mitigation in avoiding or reducing
impacts.
Availability of the Draft PEIS: The
draft PEIS and associated information
are available on BOEM’s website at:
https://www.boem.gov/renewableenergy/state-activities/californiaoffshore-wind-programmaticenvironmental-impact.
Authority: 42 U.S.C. 4231 et seq.
(National Environmental Policy Act, as
amended), NEPA implementing
regulations (40 CFR 1500–1508), and
U.S. Department of the Interior (DOI)
NEPA regulations (43 CFR part 46).
Douglas P. Boren,
Pacific Regional Director, Bureau of Ocean
Energy Management.
[FR Doc. 2024–26424 Filed 11–13–24; 8:45 am]
BILLING CODE 4340–98–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1366]
Certain Semiconductor Devices, and
Methods of Manufacturing Same and
Products Containing the Same Notice
of the Commission’s Final
Determination Finding a Violation of
Section 337; Issuance of a Limited
Exclusion Order and Cease and Desist
Orders; Denial of Motion for Sanctions;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined that there is a violation of
section 337 in the above-captioned
investigation. The Commission has
further determined to issue a limited
SUMMARY:
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
exclusion order and cease and desist
orders and to set a bond in the amount
of five percent (5%) of entered value for
covered articles imported or sold during
the period of Presidential review.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3042. 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.
The
Commission instituted this investigation
on July 3, 2023, based on a complaint
filed by Efficient Power Conversion
Corporation of El Segundo, California
(‘‘EPC’’). 88 FR 42756–77 (Jul. 3, 2023).
The complaint alleged violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on the
importation into the United States, the
sale for importation, or sale within the
United States after importation of
certain semiconductor devices, and
methods of manufacturing same, and
products containing the same by reason
of the infringement of one or more
claims of U.S. Patent Nos. 10,312,335
(‘‘the ’335 patent’’); 8,350,294 (‘‘the ’294
patent’’); 8,404,508 (‘‘the ’508 patent’’);
and 9,748,347 (‘‘the ’347 patent’’). Id.
The complaint further alleged that a
domestic industry exists. Id. The
Commission’s notice of investigation
named as respondents Innoscience
(Zhuhai) Technology, Company, Ltd., of
Zhuhai, Guangdong, China; and
Innoscience America, Inc. of Santa
Clara, California (together
‘‘Innoscience’’ or ‘‘Respondents’’). The
Office of Unfair Import Investigations
(‘‘OUII’’) was also named as a party in
this investigation. Id.
On October 13, 2023, Chief
Administrative Law Judge (‘‘CALJ’’)
held a Markman hearing.
On December 13, 2023, the CALJ
issued an initial determination (‘‘ID’’)
granting a motion to terminate the
investigation as to all asserted claims of
the ’347 patent. Order No. 9 (Dec. 13,
2023), unreviewed by Comm’n Notice
(Jan. 11, 2024).
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On February 12, 2024, the CALJ
issued an ID granting a motion to
terminate the investigation as to all
asserted claims of the ’335 patent. Order
No. 12 (Feb. 12, 2024), unreviewed by
Comm’n Notice (Mar. 12, 2024).
The CALJ held an evidentiary hearing
from February 26, 2024 to March 1,
2024, and received post-hearing briefs
thereafter.
On July 5, 2024, the CALJ issued the
final ID finding a violation of section
337 as to claims 2 and 3 of the ’294
patent and no violation of section 337
as to claim 1 of the ’294 patent. The
CALJ also found no violation of section
337 as to the only asserted claim of the
’508 patent, claim 1. Specifically, the ID
found that by appearing and
participating in the investigation, the
parties have consented to personal
jurisdiction at the Commission. ID at
10–11. The ID found that EPC
established the importation requirement
under 19 U.S.C. 1337(a)(1)(B), noting
that Innoscience does not dispute
importing the accused products. Id. at
11–12. The ID found that because the
accused products have been imported
into the United States, the Commission
has in rem jurisdiction over them. Id. at
12. The ID found that EPC owns the
patents and thus has standing to assert
the patents in this investigation. Id. The
ID found that EPC successfully proved
that the accused products infringe the
asserted claims of the ’294 patent
(claims 1–3) but that unlike claims 2
and 3, claim 1 has been shown to be
invalid for obviousness. ID at 30–51,
85–100. The ID found that EPC failed to
prove that the accused products infringe
claim 1 of the ’508 patent and that
Respondents failed to prove the claim
invalid for obviousness. Id. at 52–68,
103–117. Finally, the ID found that EPC
established the economic prong of the
domestic industry requirement for both
the ’294 and ’508 patents but failed to
establish the technical prong of the
domestic industry requirement for the
’508 patent. ID at 120–151. Thus, the ID
found the existence of a domestic
industry that practices the ’294 patent as
required by 19 U.S.C. 1337(a)(2) but not
one that practices the ’508 patent.
The ID included the CALJ’s
recommended determination on remedy
and bonding (‘‘RD’’). The RD
recommended, should the Commission
find a violation, issuance of a limited
exclusion order and cease and desist
orders against the Respondents. ID/RD
at 154–157. The RD also recommended
imposing a bond in the amount of five
percent (5%) of entered value for
infringing products imported during the
period of Presidential review. Id. at
158–159.
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On July 19, 2024, EPC and
Innoscience filed respective petitions
for review of the ID. On July 29, 2024,
the parties, including OUII, filed
responses to the petitions.
On August 6, 2024, Respondents filed
a motion for sanctions against EPC and
its counsel for their alleged breach of
the CALJ’s administrative protective
order (‘‘APO’’) based on an alleged
disclosure EPC made in IPR proceedings
before the Patent Office. Respondents
requested a sanction of non-enforcement
of the ’294 patent. Respondents also
requested a stay of the proceedings
pending disposition of the sanctions
motion. On August 15, 2024, OUII filed
a response, opposing Respondents’
motion. On August 16, 2024,
Complainant file an opposition to
Respondents’ motion. On September 19,
2024, Respondents filed a motion for
leave to file a reply brief in support of
its motion for sanctions. On September
24, 2024, EPC filed an opposition to
Respondents’ motion for leave to file a
reply. On October 2, 2024, OUII filed an
opposition to Respondents’ motion for
leave to file a reply.
The Commission has determined to
deny Respondents’ motion for leave to
file a reply brief. The Commission has
also determined to deny Respondents’
motion for a sanction of nonenforcement of the ’294 patent. The
Commission notes that Respondents’
allegation of a breach of the APO has
been referred to the Commission’s
Office of the Secretary for further
proceedings according to the
Commission’s normal procedures. The
Commission reminds the parties of their
obligations under Commission Rule
210.25 to promptly file any allegations
of breach of an APO, and to bring the
matter to the attention of the presiding
ALJ where, as here, the alleged breach
is discovered while the investigation
was pending before the CALJ. The
Commission also reminds the parties of
their obligation under Commission rule
210.34 to keep the identity of any
alleged breacher confidential. The
Commission has also determined to
deny Respondent’s request to stay the
proceedings pending disposition of the
sanctions motion.
On September 5, 2024, the
Commission determined to review the
final ID in its entirety. 89 FR 73719–21
(Sept. 11, 2024). The Commission asked
the parties briefing questions related to:
(1) construction of the claim term
‘‘compensated GaN layer’’ recited in
claim 1 of the ’294 patent and the ID’s
infringement, invalidity, and technical
prong of the domestic industry analyses
if the Commission were to adopt OUII’s
proposed construction of the term; (2)
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Notices
invalidity finding of the ’294 patent; (3)
whether the only asserted claim of the
’508 patent, claim 1, is limited to using
a single mask to etch both the gate
contact and doped GaN layer based on
the ’508 patent’s description of the
‘‘present invention,’’ as well as whether
the claim steps must be performed in
the order recited; and (4) whether EPC’s
‘‘total operating expenditures’’
identified on page 129 of the ID
includes foreign manufacturing
expenses for the domestic industry
products. Id.
On September 23, 2023, the parties
filed initial submissions in response to
the Commission’s request for briefing.
On September 30, 2023, the parties filed
reply submissions.
Upon review of the parties’
submissions, the ID, the RD, evidence of
record, and public interest filings, the
Commission has determined that
Respondents violated section 337 by
reason of importation and sale of
articles that infringe asserted claims 2
and 3 of the ’294 patent and to issue
remedial orders. The Commission has
determined to clarify the ID’s statements
on jurisdiction and standing as noted in
the accompanying Commission
Opinion. The Commission has
determined to adopt OUII’s construction
of the claim term ‘‘compensated GaN
layer’’ recited in claim 1 of the ’294
patent as its plain and ordinary meaning
and, as explained in the Commission
opinion, finds that adoption of OUII’s
construction does not alter the ID’s
findings on infringement, invalidity,
and technical prong of domestic
industry, which the Commission
affirms. For the ’508 patent, the
Commission affirms the ID’s finding of
no violation for the reasons provided in
the ID.
For remedy, the Commission has
determined to issue a limited exclusion
order prohibiting further importation of
infringing products and cease and desist
orders against Respondents. The
Commission has determined that the
public interest factors do not counsel
against issuing remedial orders. The
Commission has determined that a bond
in the amount of five percent (5%) of
entered value for covered articles is
required for covered products imported
or sold during the period of Presidential
review.
The Commission vote for this
determination took place on November
7, 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
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Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: November 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–26431 Filed 11–13–24; 8:45 am]
BILLING CODE 7020–02–P
90053
Consent Decree, you may request
assistance by email or by mail to the
addresses provided above for submitting
comments.
Kathryn C. Macdonald,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2024–26432 Filed 11–13–24; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On November 7, 2024, the Department
of Justice lodged a proposed Consent
Decree with the United States District
Court for the District of Arizona in the
lawsuit entitled United States v. Denali
Water Solutions, LLC, Civil Action No.
2:24–cv–03084.
The United States filed this lawsuit
under the Clean Water Act. The United
States’ complaint seeks injunctive relief
and civil penalties for violations of the
regulations that govern land application
of sewage sludge (or ‘‘biosolids’’) from
the defendant’s operations in Arizona
and California. The consent decree
requires the defendant to perform
injunctive relief if they land apply
sewage sludge in those two states, and
to pay a $610,000 civil penalty.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Denali Water Solutions,
LLC, D.J. Ref. No. 90–5–1–1–12436. All
comments must be submitted no later
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
Any comments submitted in writing
may be filed by the United States in
whole or in part on the public court
docket without notice to the commenter.
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
If you require assistance accessing the
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DEPARTMENT OF LABOR
Employment and Training
Administration
Federal-State Unemployment
Compensation Program: Certifications
for 2024 Under the Federal
Unemployment Tax Act
Employment and Training
Administration.
ACTION: Notice.
AGENCY:
The Acting Secretary of Labor
signed the annual certifications under
the Federal Unemployment Tax Act,
thereby enabling employers who make
contributions to state unemployment
funds to obtain certain credits against
their liability for the federal
unemployment tax. By letter, the
certifications were transmitted to the
Secretary of the Treasury. The letter and
certifications are printed below.
SUMMARY:
Signed in Washington, DC, October 31,
2024.
José Javier Rodrı́guez,
Assistant Secretary for Employment and
Training.
The Honorable Janet L. Yellen
Secretary of the Treasury
Department of the Treasury
1500 Pennsylvania Avenue NW
Washington, DC 20220
Dear Secretary Yellen:
Enclosed are an original and a copy of
two separate certifications regarding
unemployment compensation laws
pursuant to the Federal Unemployment
Tax Act, for the 12-month period ending
on October 31, 2024. One certification is
with respect to the federal
unemployment tax credit under Section
3304 of the Internal Revenue Code of
1986 (IRC), and the other certification is
with respect to the ‘‘additional’’ tax
credit under Section 3303 of the IRC.
Both certifications list all 53 states.
Sincerely,
Julie A. Su,
Acting Secretary of Labor.
Enclosures
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]]>Agencies
[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Notices]
[Pages 90051-90053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26431]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1366]
Certain Semiconductor Devices, and Methods of Manufacturing Same
and Products Containing the Same Notice of the Commission's Final
Determination Finding a Violation of Section 337; Issuance of a Limited
Exclusion Order and Cease and Desist Orders; Denial of Motion for
Sanctions; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined that there is a violation of
section 337 in the above-captioned investigation. The Commission has
further determined to issue a limited
[[Page 90052]]
exclusion order and cease and desist orders and to set a bond in the
amount of five percent (5%) of entered value for covered articles
imported or sold during the period of Presidential review.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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: The Commission instituted this investigation
on July 3, 2023, based on a complaint filed by Efficient Power
Conversion Corporation of El Segundo, California (``EPC''). 88 FR
42756-77 (Jul. 3, 2023). The complaint alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the
importation into the United States, the sale for importation, or sale
within the United States after importation of certain semiconductor
devices, and methods of manufacturing same, and products containing the
same by reason of the infringement of one or more claims of U.S. Patent
Nos. 10,312,335 (``the '335 patent''); 8,350,294 (``the '294 patent'');
8,404,508 (``the '508 patent''); and 9,748,347 (``the '347 patent'').
Id. The complaint further alleged that a domestic industry exists. Id.
The Commission's notice of investigation named as respondents
Innoscience (Zhuhai) Technology, Company, Ltd., of Zhuhai, Guangdong,
China; and Innoscience America, Inc. of Santa Clara, California
(together ``Innoscience'' or ``Respondents''). The Office of Unfair
Import Investigations (``OUII'') was also named as a party in this
investigation. Id.
On October 13, 2023, Chief Administrative Law Judge (``CALJ'') held
a Markman hearing.
On December 13, 2023, the CALJ issued an initial determination
(``ID'') granting a motion to terminate the investigation as to all
asserted claims of the '347 patent. Order No. 9 (Dec. 13, 2023),
unreviewed by Comm'n Notice (Jan. 11, 2024).
On February 12, 2024, the CALJ issued an ID granting a motion to
terminate the investigation as to all asserted claims of the '335
patent. Order No. 12 (Feb. 12, 2024), unreviewed by Comm'n Notice (Mar.
12, 2024).
The CALJ held an evidentiary hearing from February 26, 2024 to
March 1, 2024, and received post-hearing briefs thereafter.
On July 5, 2024, the CALJ issued the final ID finding a violation
of section 337 as to claims 2 and 3 of the '294 patent and no violation
of section 337 as to claim 1 of the '294 patent. The CALJ also found no
violation of section 337 as to the only asserted claim of the '508
patent, claim 1. Specifically, the ID found that by appearing and
participating in the investigation, the parties have consented to
personal jurisdiction at the Commission. ID at 10-11. The ID found that
EPC established the importation requirement under 19 U.S.C.
1337(a)(1)(B), noting that Innoscience does not dispute importing the
accused products. Id. at 11-12. The ID found that because the accused
products have been imported into the United States, the Commission has
in rem jurisdiction over them. Id. at 12. The ID found that EPC owns
the patents and thus has standing to assert the patents in this
investigation. Id. The ID found that EPC successfully proved that the
accused products infringe the asserted claims of the '294 patent
(claims 1-3) but that unlike claims 2 and 3, claim 1 has been shown to
be invalid for obviousness. ID at 30-51, 85-100. The ID found that EPC
failed to prove that the accused products infringe claim 1 of the '508
patent and that Respondents failed to prove the claim invalid for
obviousness. Id. at 52-68, 103-117. Finally, the ID found that EPC
established the economic prong of the domestic industry requirement for
both the '294 and '508 patents but failed to establish the technical
prong of the domestic industry requirement for the '508 patent. ID at
120-151. Thus, the ID found the existence of a domestic industry that
practices the '294 patent as required by 19 U.S.C. 1337(a)(2) but not
one that practices the '508 patent.
The ID included the CALJ's recommended determination on remedy and
bonding (``RD''). The RD recommended, should the Commission find a
violation, issuance of a limited exclusion order and cease and desist
orders against the Respondents. ID/RD at 154-157. The RD also
recommended imposing a bond in the amount of five percent (5%) of
entered value for infringing products imported during the period of
Presidential review. Id. at 158-159.
On July 19, 2024, EPC and Innoscience filed respective petitions
for review of the ID. On July 29, 2024, the parties, including OUII,
filed responses to the petitions.
On August 6, 2024, Respondents filed a motion for sanctions against
EPC and its counsel for their alleged breach of the CALJ's
administrative protective order (``APO'') based on an alleged
disclosure EPC made in IPR proceedings before the Patent Office.
Respondents requested a sanction of non-enforcement of the '294 patent.
Respondents also requested a stay of the proceedings pending
disposition of the sanctions motion. On August 15, 2024, OUII filed a
response, opposing Respondents' motion. On August 16, 2024, Complainant
file an opposition to Respondents' motion. On September 19, 2024,
Respondents filed a motion for leave to file a reply brief in support
of its motion for sanctions. On September 24, 2024, EPC filed an
opposition to Respondents' motion for leave to file a reply. On October
2, 2024, OUII filed an opposition to Respondents' motion for leave to
file a reply.
The Commission has determined to deny Respondents' motion for leave
to file a reply brief. The Commission has also determined to deny
Respondents' motion for a sanction of non-enforcement of the '294
patent. The Commission notes that Respondents' allegation of a breach
of the APO has been referred to the Commission's Office of the
Secretary for further proceedings according to the Commission's normal
procedures. The Commission reminds the parties of their obligations
under Commission Rule 210.25 to promptly file any allegations of breach
of an APO, and to bring the matter to the attention of the presiding
ALJ where, as here, the alleged breach is discovered while the
investigation was pending before the CALJ. The Commission also reminds
the parties of their obligation under Commission rule 210.34 to keep
the identity of any alleged breacher confidential. The Commission has
also determined to deny Respondent's request to stay the proceedings
pending disposition of the sanctions motion.
On September 5, 2024, the Commission determined to review the final
ID in its entirety. 89 FR 73719-21 (Sept. 11, 2024). The Commission
asked the parties briefing questions related to: (1) construction of
the claim term ``compensated GaN layer'' recited in claim 1 of the '294
patent and the ID's infringement, invalidity, and technical prong of
the domestic industry analyses if the Commission were to adopt OUII's
proposed construction of the term; (2)
[[Page 90053]]
invalidity finding of the '294 patent; (3) whether the only asserted
claim of the '508 patent, claim 1, is limited to using a single mask to
etch both the gate contact and doped GaN layer based on the '508
patent's description of the ``present invention,'' as well as whether
the claim steps must be performed in the order recited; and (4) whether
EPC's ``total operating expenditures'' identified on page 129 of the ID
includes foreign manufacturing expenses for the domestic industry
products. Id.
On September 23, 2023, the parties filed initial submissions in
response to the Commission's request for briefing. On September 30,
2023, the parties filed reply submissions.
Upon review of the parties' submissions, the ID, the RD, evidence
of record, and public interest filings, the Commission has determined
that Respondents violated section 337 by reason of importation and sale
of articles that infringe asserted claims 2 and 3 of the '294 patent
and to issue remedial orders. The Commission has determined to clarify
the ID's statements on jurisdiction and standing as noted in the
accompanying Commission Opinion. The Commission has determined to adopt
OUII's construction of the claim term ``compensated GaN layer'' recited
in claim 1 of the '294 patent as its plain and ordinary meaning and, as
explained in the Commission opinion, finds that adoption of OUII's
construction does not alter the ID's findings on infringement,
invalidity, and technical prong of domestic industry, which the
Commission affirms. For the '508 patent, the Commission affirms the
ID's finding of no violation for the reasons provided in the ID.
For remedy, the Commission has determined to issue a limited
exclusion order prohibiting further importation of infringing products
and cease and desist orders against Respondents. The Commission has
determined that the public interest factors do not counsel against
issuing remedial orders. The Commission has determined that a bond in
the amount of five percent (5%) of entered value for covered articles
is required for covered products imported or sold during the period of
Presidential review.
The Commission vote for this determination took place on November
7, 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: November 7, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-26431 Filed 11-13-24; 8:45 am]
BILLING CODE 7020-02-P
