Certain Networking Equipment Supporting NETCONF; Notice of the Commission's Determination To Review and Affirm Order No. 19 Granting Summary Determination Finding No Infringement, Review and Vacate Order No. 23, and Grant in Part Third Party Xenogenic Development, LLC's Motion To Intervene; Termination of the Investigation, 99277-99278 [2024-28925]
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Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
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Abstract: This Part implements the
requirement in section 701(28) of the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA),
which grants an exemption from the
requirements of SMCRA to operators
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Title of Collection: Exemption for Coal
Extraction Incidental to the Extraction
of Other Minerals.
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Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public: State
and Tribal governments.
Total Estimated Number of Annual
Respondents: 67.
Total Estimated Number of Annual
Responses: 206.
Estimated Completion Time per
Response: Varies 1 hour to 30 hours,
depending on activity.
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Respondent’s Obligation: Required to
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Frequency of Collection: One time.
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khammond on DSK9W7S144PROD with NOTICES
Mark J. Gehlhar,
Information Collection Clearance Officer,
Office of Surface Mining Reclamation and
Enforcement.
[FR Doc. 2024–28997 Filed 12–9–24; 8:45 am]
BILLING CODE 4310–05–P
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17:28 Dec 09, 2024
Jkt 265001
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1391]
Certain Networking Equipment
Supporting NETCONF; Notice of the
Commission’s Determination To
Review and Affirm Order No. 19
Granting Summary Determination
Finding No Infringement, Review and
Vacate Order No. 23, and Grant in Part
Third Party Xenogenic Development,
LLC’s Motion To Intervene;
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 no violation of section
337 in the above-captioned investigation
has occurred. The Commission has
determined to review an initial
determination granting summary
determination of non-infringement
(Order No. 19) and affirm the Order No.
19 finding of no infringement with
supplemented reasoning. The
Commission has further determined to
review and vacate Order No. 23, and
grant in part third party Xenogenic
Development, LLC’s (‘‘Xenogenic’’)
motion to intervene. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Jonathan Link, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3103. 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: The
Commission instituted this investigation
on March 4, 2024, based on a complaint
filed by Optimum Communications
Services, Inc. of Jersey City, New Jersey
(‘‘Complainant’’). 89 FR 15611–12 (Mar.
4, 2024). The complaint, as
supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
importation into the United States, the
SUMMARY:
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
99277
sale for importation, or the sale within
the United States after importation of
certain network equipment supporting
NETCONF by reason of infringement of
certain claims of U.S. Patent Nos.
10,567,474 and 10,848,546 (‘‘Asserted
Patents’’). Id. The complaint further
alleges that a domestic industry exists.
Id. The Commission’s notice of
investigation named as respondents:
Changsha Silun Network Technology
Co., Ltd. of Hunan, China; Hunan
Maiqiang Network Technology
Company Limited of Hunan, China;
Hunan Zikun Information Technology
Co., Ltd. of Hunan, China; and
Guangzhou Qiton Electronics
Technology Co., Ltd. of Guangdong,
China (collectively, ‘‘Respondents’’). Id.
OUII is participating as a party in this
investigation. Id.
On June 13, 2024, the Commission
found the Respondents in default for
failing to respond to the complaint,
notice of investigation, or previous
order to show cause (Order No. 8).
Order No. 9, unreviewed by Comm’n
Notice (June 13, 2024).
On June 28, 2024, Complainant filed
a motion for summary determination of
violation and requested the issuance of
a general exclusion order. On July 10,
2024, OUII filed a confidential response
opposing the summary determination
motion.
On September 19, 2024, the
Commission determined not to review
an initial determination declassifying
OUII’s response to Complainant’s
motion for summary determination and
supporting memorandum. Order No. 13,
unreviewed by, Comm’n Notice
(September 20, 2024).
On August 8, 2024, third party
Xenogenic Development LLC
(‘‘Xenogenic’’) filed a motion to
intervene, stay the proceedings on the
merits, and dismiss the investigation.
On August 16, 2024, Complainant filed
a response opposing the motion. On
August 20, 2024, OUII filed a response
in support of Xenogenic’s motion to
intervene and for termination of the
investigation but opposed a stay of the
investigation. On August 23, 2024,
Xenogenic filed a reply in support of its
motion. On August 27, 2024,
Complainant filed a sur-reply opposing
the motion.
On September 18, 2024, OUII filed a
motion for summary determination
arguing that Complainant cannot show
that the accused products infringe the
asserted claims of the Asserted Patents,
and that the investigation should be
terminated with a finding of no
violation of section 337. On September
26, 2024, Complainant filed an
E:\FR\FM\10DEN1.SGM
10DEN1
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99278
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices
opposition to the motion. OUII filed its
reply on October 1, 2024.
On October 18, 2024, the ALJ issued
Order No. 19 granting-in-part OUII’s
motion for summary determination and
finding no violation. On October 25,
2024, Complainant filed a petition for
review of the ID in Order No. 19. On
November 1, 2024, OUII filed a response
to Complainant’s petition for review of
the ID in Order No. 19.
On October 18, 2024, the ALJ also
issued Order No. 20, asking the parties
to brief whether the investigation
should be terminated in its entirety and
whether all remaining motions are moot
and/or withdrawn in light of Order No.
19. On October 28, 2024, Complainant
responded to Order No. 20, opposing
terminating the investigation. On
October 28, 2024, OUII responded to
Order No. 20 supporting termination of
the investigation and Xenogenic
responded requesting the ALJ to grant
its motion to intervene. On November 4,
2024, Complainant filed a reply
regarding Order No. 20, opposing
terminating the investigation.
On November 8, 2024, the ALJ issued
Order No. 23 granting Xenogenic’s
motion to intervene and terminating the
investigation. On November 9, 2024,
Complainant filed a petition to review
the ID in Order No. 23. On November
18, 2024, OUII filed a response in
opposition to Complainant’ petition to
review of Order No. 23.
Having considered the record in this
investigation, including the complaint,
the filings before the ALJ and the
Commission, the Commission has
determined to review Order No. 19. On
review, the Commission affirms Order
No. 19 finding no infringement of the
asserted patents with the following
supplementation: (1) on page 18 of the
ID, the Commission supplements the
citation to 19 CFR 210.18(a)–(b) to also
include 19 CFR 210.18(c); and (2) on
page 26 of the ID, the Commission adds
a citation to Exhibit 14 of OUII’s motion
for summary determination, which is
RFC 7950 entitled ‘‘The YANG 1.1 Data
Modeling Language’’ (in addition to
already cited Exhibits 13, 15, and 16
from OUII’s motion for summary
determination).
The Commission has further
determined to review and vacate Order
No. 23. Order No. 19 finds that there is
no infringement of the Asserted Patents
and that no violation of section 337 has
occurred. Affirmance of Order No. 19
would result in termination of the
investigation, and thereby, the
Commission finds that as of the time of
issuance of Order No. 23 the
investigation was already pending
before the Commission. However, the
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17:28 Dec 09, 2024
Jkt 265001
Commission has determined to grant
third party Xenogenic’s motion to
intervene for the limited purpose of
addressing ownership of the Asserted
Patents. Regardless of ownership, the
Commission’s finding of no
infringement results in a finding of no
violation and the investigation is
terminated.
The Commission vote for this
determination took place on December
4, 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: December 4, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–28925 Filed 12–9–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1370]
Certain Power Converter Modules and
Computing Systems Containing the
Same; Notice of a Commission
Determination To Review in Part a
Final Initial Determination Finding a
Violation of Section 337; Request for
Written Submissions on the Issues
Under Review and on Remedy, the
Public Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part a final initial determination
(‘‘final ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) on
September 24, 2024, finding a violation
of section 337 in the above referenced
investigation. The Commission requests
written submissions from the parties on
certain issues under review, as
indicated in this notice, and
submissions from the parties, interested
government agencies, and other
interested persons on the issues of
remedy, the public interest, and
bonding, under the schedule set forth
below.
FOR FURTHER INFORMATION CONTACT:
Joelle Justus, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
205–2593. 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 August
17, 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 Vicor Corporation
(‘‘Complainant’’ or ‘‘Vicor’’) of Andover,
Massachusetts. See 88 FR 56050 through
56051 (Aug. 17, 2023). The complaint,
as supplemented, 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 power converter modules and
computing systems containing the same
by reason of the infringement of certain
claims of U.S. Patent Nos. 9,166,481;
9,516,761; and 10,199,950. See id. The
notice of investigation names the
following respondents: Delta
Electronics, Inc. of Taipei, Taiwan;
Delta Electronics (Americas) Ltd. of
Fremont, California; Delta Electronics
(USA) Inc. of Plano, Texas; Cyntec Co.,
Ltd. of Hsinchu, Taiwan; Quanta
Computer Inc. and Quanta Cloud
Technology Inc., both of Taoyuan City,
Taiwan; Quanta Cloud Technology USA
LLC of San Jose, California; Quanta
Computer USA Inc. of Fremont,
California; Hon Hai Precision Industry
Co. Ltd. (d/b/a, Foxconn Technology
Group) of Taipei City, Taiwan; Foxconn
Industrial internet Co. Ltd. of Shenzhen,
China; FII USA Inc. (a/k/a Foxconn
Industrial, internet USA Inc.) of
Milwaukee, Wisconsin; Ingrasys
Technology Inc. of Taoyuan City,
Taiwan; and Ingrasys Technology USA
Inc. of Fremont, California (collectively,
‘‘Respondents’’). See id. The Office of
Unfair Import Investigations (‘‘OUII’’) is
also a party to the investigation. See id.
On January 25, 2024, the Commission
partially terminated the investigation as
to respondents Delta Electronics (USA)
Inc., Quanta Cloud Technology Inc., and
Quanta Cloud Technology USA LLC
based on withdrawal of the complaint as
to those respondents. See Order No. 16
(Dec. 22, 2023), unreviewed by Comm’n
Notice (Jan. 25, 2024).
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99277-99278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28925]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1391]
Certain Networking Equipment Supporting NETCONF; Notice of the
Commission's Determination To Review and Affirm Order No. 19 Granting
Summary Determination Finding No Infringement, Review and Vacate Order
No. 23, and Grant in Part Third Party Xenogenic Development, LLC's
Motion To Intervene; 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 no violation of section
337 in the above-captioned investigation has occurred. The Commission
has determined to review an initial determination granting summary
determination of non-infringement (Order No. 19) and affirm the Order
No. 19 finding of no infringement with supplemented reasoning. The
Commission has further determined to review and vacate Order No. 23,
and grant in part third party Xenogenic Development, LLC's
(``Xenogenic'') motion to intervene. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Jonathan Link, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3103. 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 March 4, 2024, based on a complaint filed by Optimum Communications
Services, Inc. of Jersey City, New Jersey (``Complainant''). 89 FR
15611-12 (Mar. 4, 2024). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain network equipment supporting NETCONF by reason of infringement
of certain claims of U.S. Patent Nos. 10,567,474 and 10,848,546
(``Asserted Patents''). Id. The complaint further alleges that a
domestic industry exists. Id. The Commission's notice of investigation
named as respondents: Changsha Silun Network Technology Co., Ltd. of
Hunan, China; Hunan Maiqiang Network Technology Company Limited of
Hunan, China; Hunan Zikun Information Technology Co., Ltd. of Hunan,
China; and Guangzhou Qiton Electronics Technology Co., Ltd. of
Guangdong, China (collectively, ``Respondents''). Id. OUII is
participating as a party in this investigation. Id.
On June 13, 2024, the Commission found the Respondents in default
for failing to respond to the complaint, notice of investigation, or
previous order to show cause (Order No. 8). Order No. 9, unreviewed by
Comm'n Notice (June 13, 2024).
On June 28, 2024, Complainant filed a motion for summary
determination of violation and requested the issuance of a general
exclusion order. On July 10, 2024, OUII filed a confidential response
opposing the summary determination motion.
On September 19, 2024, the Commission determined not to review an
initial determination declassifying OUII's response to Complainant's
motion for summary determination and supporting memorandum. Order No.
13, unreviewed by, Comm'n Notice (September 20, 2024).
On August 8, 2024, third party Xenogenic Development LLC
(``Xenogenic'') filed a motion to intervene, stay the proceedings on
the merits, and dismiss the investigation. On August 16, 2024,
Complainant filed a response opposing the motion. On August 20, 2024,
OUII filed a response in support of Xenogenic's motion to intervene and
for termination of the investigation but opposed a stay of the
investigation. On August 23, 2024, Xenogenic filed a reply in support
of its motion. On August 27, 2024, Complainant filed a sur-reply
opposing the motion.
On September 18, 2024, OUII filed a motion for summary
determination arguing that Complainant cannot show that the accused
products infringe the asserted claims of the Asserted Patents, and that
the investigation should be terminated with a finding of no violation
of section 337. On September 26, 2024, Complainant filed an
[[Page 99278]]
opposition to the motion. OUII filed its reply on October 1, 2024.
On October 18, 2024, the ALJ issued Order No. 19 granting-in-part
OUII's motion for summary determination and finding no violation. On
October 25, 2024, Complainant filed a petition for review of the ID in
Order No. 19. On November 1, 2024, OUII filed a response to
Complainant's petition for review of the ID in Order No. 19.
On October 18, 2024, the ALJ also issued Order No. 20, asking the
parties to brief whether the investigation should be terminated in its
entirety and whether all remaining motions are moot and/or withdrawn in
light of Order No. 19. On October 28, 2024, Complainant responded to
Order No. 20, opposing terminating the investigation. On October 28,
2024, OUII responded to Order No. 20 supporting termination of the
investigation and Xenogenic responded requesting the ALJ to grant its
motion to intervene. On November 4, 2024, Complainant filed a reply
regarding Order No. 20, opposing terminating the investigation.
On November 8, 2024, the ALJ issued Order No. 23 granting
Xenogenic's motion to intervene and terminating the investigation. On
November 9, 2024, Complainant filed a petition to review the ID in
Order No. 23. On November 18, 2024, OUII filed a response in opposition
to Complainant' petition to review of Order No. 23.
Having considered the record in this investigation, including the
complaint, the filings before the ALJ and the Commission, the
Commission has determined to review Order No. 19. On review, the
Commission affirms Order No. 19 finding no infringement of the asserted
patents with the following supplementation: (1) on page 18 of the ID,
the Commission supplements the citation to 19 CFR 210.18(a)-(b) to also
include 19 CFR 210.18(c); and (2) on page 26 of the ID, the Commission
adds a citation to Exhibit 14 of OUII's motion for summary
determination, which is RFC 7950 entitled ``The YANG 1.1 Data Modeling
Language'' (in addition to already cited Exhibits 13, 15, and 16 from
OUII's motion for summary determination).
The Commission has further determined to review and vacate Order
No. 23. Order No. 19 finds that there is no infringement of the
Asserted Patents and that no violation of section 337 has occurred.
Affirmance of Order No. 19 would result in termination of the
investigation, and thereby, the Commission finds that as of the time of
issuance of Order No. 23 the investigation was already pending before
the Commission. However, the Commission has determined to grant third
party Xenogenic's motion to intervene for the limited purpose of
addressing ownership of the Asserted Patents. Regardless of ownership,
the Commission's finding of no infringement results in a finding of no
violation and the investigation is terminated.
The Commission vote for this determination took place on December
4, 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: December 4, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-28925 Filed 12-9-24; 8:45 am]
BILLING CODE 7020-02-P
