[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46321-46322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18984]


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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; Correction

AGENCY: U.S. International Trade Commission.

ACTION: Correction of Notice. The Commission hereby corrects the 
summary section of the notice published in the Federal Register July 
29, 2015 (80 FR 45232).

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 41) 
terminating the above-captioned investigation in its entirety based 
upon settlement. The commission has also determined to vacate Order No. 
34 as moot.

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 are 
or 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 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 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.
    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 art 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.


[[Page 46322]]


    Issued: July 29, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-18984 Filed 8-3-15; 8:45 am]
BILLING CODE 7020-02-P