[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67446-67448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26804]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-888]


Certain Silicon Microphone Packages and Products Containing Same; 
Commission Determination To Review in Part a Final Initial 
Determination; Schedule for Filing Written Submissions on the Issues 
Under Review and on Remedy, the Public Interest, and Bonding

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 to review in part the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') finding a violation of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337) (``section 337''), in the above-referenced 
investigation on August 29, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for

[[Page 67447]]

inspection during official business hours (8:45 a.m. to 5:15 p.m.) in 
the Office of the Secretary, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2000. General 
information concerning the Commission may also be obtained by accessing 
its Internet server at http://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://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 instituted this investigation 
on July 26, 2013, based on a complaint filed by Knowles Electronics, 
LLC, of Itasca, Illinois. 78 FR 45272 (July 26, 2013). The notice of 
investigation named GoerTek, Inc. of Weifang, China and GoerTek 
Electronics, Inc. of Sunnyvale, California as respondents. The 
Commission's Office of Unfair Import Investigations is not a party to 
this investigation. The complaint alleged violations of section 337 in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of silicon 
microphone packages and products containing the same, by reason of 
infringement of certain claims of U.S. Patent Nos. 7,439,616 (``the 
`616 patent''); 8,018,049 (``the `049 patent''); and 8,121,331 (``the 
`331 patent''). Subsequently, the investigation was terminated as to 
claims 13 and 14 of the `616 patent and claim 24 of the `049 patent 
based on the withdrawal of complainant's allegations as to those 
claims. See Notice (May 16, 2014) (determining not to review Order No. 
37 issued on April 17, 2014).
    The final ID on violation was issued on August 29, 2014. The ALJ 
issued his recommended determination (``RD'') on remedy, the public 
interest and bonding on the same day. The ALJ found that a violation of 
section 337 has occurred in the importation into the United States, the 
sale for importation, or the sale within the United States after 
importation of certain silicon microphone packages and products 
containing same, by reason of infringement of one or more of claims 1, 
2, 8, 11-12, 15-18, and 21 of the `616 patent; claims 1, 15, 16, 19, 
21-23, and 25-26 of the `049 patent; and claims 1, 2, 4, 5, and 11-13 
of the `331 patent. The ALJ recommended that the Commission issue a 
limited exclusion order directed to respondents' accused products that 
infringe the `616, `049, and `331 patents. The ALJ did not recommend 
issuance of a cease and desist order against respondents.
    On October 2, 2014, complainant filed a post-RD statement on the 
public interest pursuant to Commission Rule 201.50(a)(4). No responses 
from the public were received in response to the post-RD Commission 
Notice issued on September 3, 2014. See Notice of Request for 
Statements on the Public Interest (Sep. 3, 2014).
    Having examined the record in this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the ID in part. In particular, 
the Commission has determined to review the construction of the 
``cover'' limitation with respect to the `616 and `049 patent as well 
as related anticipation, obviousness, infringement and technical prong 
analyses. In addition, the Commission has determined to review 
infringement with respect to claim 8 of the `616 patent.
    The parties are requested to brief their positions on only the 
following issues, with reference to the applicable law and the 
evidentiary record:
    (1) Please discuss whether the record supports or precludes the 
ALJ's interpretation of the claim limitations ``the at least one layer 
of conductive material in the cover'' and ``conductive layer formed in 
the cover'' in the `049 and `616 patents, respectively. As part of this 
discussion, please address:
    (a) Whether the references to ``a shield to protect . . . against 
electromagnetic interference'' in claim 1 of the `049 patent and ``a 
shield against electromagnetic interference'' in claims 11 and 15 of 
the `616 patent provide context for interpreting the above-mentioned 
claim limitations; and
    (b) Whether multiple layers in the cover are relevant in order to 
provide ``a shield to protect'' or ``a shield against'' electromagnetic 
interference.
    (2) With respect to the `049 and `661 patents, please discuss, in 
light of your response to the Commission's question pertaining to 
construction of claim limitations ``the at least one layer of 
conductive material in the cover'' and ``conductive layer formed in the 
cover'' in the `049 and `616 patents, respectively, whether the record 
supports the ALJ's findings regarding these limitations with respect to 
infringement, technical prong, and non-obviousness, including the 
evidence of secondary considerations of non-obviousness.
    (3) Assuming the asserted claims of the `049 patent require the 
presence of one or more additional layers in the cover besides ``at 
least one layer of conductive material,'' how does the presence of that 
additional material impact the respondents' allegation that the 
asserted claims are obvious in light of Halteren and Une under KSR 
Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007)? Please provide support 
and citations to the evidentiary record.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondents being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or are likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994) (Commission 
Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues

[[Page 67448]]

identified in this notice. Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest 
and bonding. Such submissions should address the recommended 
determination on remedy, the public interest and bonding issued on 
August 29, 2014, by the ALJ. Complainant is also requested to submit 
proposed remedial orders for the Commission's consideration and to 
provide identification information for all importers of the subject 
articles. Complainant is further requested to provide the expiration 
dates of the `616, `049, and `331 patents and state the HTSUS numbers 
under which the accused articles are imported. The written submissions 
and proposed remedial orders must be filed no later than the close of 
business on November 20, 2014. Reply submissions must be filed no later 
than the close of business on December 1, 2014. No further submissions 
on these issues will be permitted unless otherwise ordered by the 
Commission. Party submissions should not exceed 50 pages for the main 
submissions and 25 pages for the reply submissions.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-888'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with the confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 06, 2014.
Lisa R. Barton,
Secretary for the Commission.
[FR Doc. 2014-26804 Filed 11-12-14; 8:45 am]
BILLING CODE 7020-02-P