[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45232-45233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18485]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-925]


Certain Communications or Computing Devices and Components 
Thereof Commission Determination Not To Review an Initial Determination 
Terminating the Investigation in Its Entirety Based Upon Settlement; 
Termination of Investigation; and Vacatur of Order No. 34

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the presiding administrative law 
judge has issued a final initial determination and recommended 
determination on remedy and bonding in the above-captioned 
investigation. The Commission is soliciting comments on public interest 
issues raised by the recommended relief, specifically a limited 
exclusion order against certain marine sonar imaging systems, products 
containing the same, and components thereof, imported by respondents 
Garmin International, Inc.; Garmin North America, Inc.; Garmin USA, 
Inc., each of Olathe, Kansas, and Garmin Corporation of New Taipei 
City, Taiwan, and a cease and desist order against the domestic 
respondents. This notice is soliciting public interest comments from 
the public only. Parties are to file public interest submissions 
pursuant to 19 CFR 210.50(a)(4).

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. The public version of 
the complaint can be accessed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov, and will be available for 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 (http://www.usitc.gov). The public record for this 
investigation may be viewed on 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 August 21, 2014, based on a Complaint filed by Enterprise Systems 
Technologies S.a.r.l. of Luxembourg (``Enterprise''). 79 FR 49537-38 
(Aug. 21, 2014). The Complaint 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, and the sale within the 
United States after importation of certain communications or computing 
devices and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 6,691,302 (``the '302 patent''); 5,870,610; 
6,594,366; and 7,454,201. The notice of investigation named the 
following respondents: HTC Corporation of Taoyuan, Taiwan; HTC America, 
Inc. of Bellevue, Washington; LG Electronics Inc. of Seoul, Republic of 
Korea; LG Electronics USA, Inc. of Englewood Cliffs, New Jersey; LG 
Electronics MobileComm U.S.A., Inc. of San Diego, California; Samsung 
Electronics Co. Ltd. of Seoul, Republic of Korea; Samsung Electronics 
America, Inc. of Ridgefield Park, New Jersey; Samsung 
Telecommunications America, LLC of Richardson, Texas (collectively, 
``Remaining Respondents''); Apple Inc. of Cupertino, California 
(``Apple''); and Cirrus Logic Inc. of Austin, Texas (``Cirrus''). The 
Office of Unfair Import Investigations was also named as a party to the 
investigation.
    On September 9, 2014, the ALJ issued an initial determination, 
Order No. 6, granting intervenor status to Google Inc. of Mountain 
View, California (``Google''). On March 9, 2015, the ALJ issued an ID, 
Order No. 20, terminating the investigation as to Cirrus. On June 5, 
2015, the ALJ issued an ID, Order No. 37, terminating the investigation 
as to Apple. The Commission determined not to review those IDs.
    On May 21, 2015, the ALJ issued Order No. 34, an initial 
determination terminating the '302 patent from the investigation based 
upon a lack of standing. Enterprise filed a petition for review on May 
28, 2015. The parties subsequently moved for a 60-day extension to file 
any further briefing on the issue. The Commission granted the motion on 
June 1, 2015, and extended the date for determining whether to review 
Order No. 34 to August 21, 2015. Thus, Order No. 34 remains 
outstanding.

[[Page 45233]]

    On June 22, 2015, Enterprise, Remaining Respondents, and Google 
jointly moved to terminate the investigation in its entirety based upon 
settlement. On June 29, 2015, the Commission investigative attorney 
filed a response in support of the motion. No other responses to the 
motion were received.
    The ALJ issued the subject ID on July 1, 2015, and a corrected 
version on July 17, 2015, granting the joint motion for termination. 
The ALJ found that the settlement agreement satisfies the requirements 
of Commission Rule 210.21(b). She further found, pursuant to Commission 
Rule 210.50(b)(2), that there is no indication that termination of the 
investigation would adversely impact the public interest. No one 
petitioned for review of the ID.
    The Commission has determined not to review the ID as corrected. In 
light of the settlement, the Commission has determined to vacate Order 
No. 34 as moot.
    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: July 23, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-18485 Filed 7-28-15; 8:45 am]
BILLING CODE 7020-02-P