[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Notices]
[Page 34371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12711]



[[Page 34371]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-952]


Certain Electronic Devices, Including Wireless Communication 
Devices, Computers, Tablet Computers, Digital Media Players, and 
Cameras; Commission Determination to Affirm an Initial Determination 
Granting a Joint Motion to Terminate the Investigation on the Basis of 
Settlement; Termination of Investigation

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 affirm the administrative law judge's 
(ALJ) initial determination (ID) (Order No. 52) granting a joint motion 
to terminate the above-referenced investigation on the basis of a 
settlement agreement.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, (202) 205-3427. 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, (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: On April 3, 2015, the Commission instituted 
this investigation (the 952 investigation) based on a complaint filed 
by Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of 
Sweden (collectively, ``Ericsson''). 80 FR 18254 (Apr. 3, 2015). The 
complaint alleged violations of 19 U.S.C. 1337 (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 
electronic devices, including wireless communication devices, 
computers, tablet computers, digital media players, and cameras by 
reason of infringement of certain claims of U.S. Patent Nos. 6,633,550; 
6,157,620; 6,029,052; 8,812,059; 6,291,966; and 6,122,263. Id. at 
18255. The Commission's Notice of Investigation named Apple Inc. of 
Cupertino, California (Apple) as respondent and also named the Office 
of Unfair Import Investigations (OUII) as a party. Id.
    On December 29, 2015, Ericsson and Apple (collectively, the private 
parties) filed a joint motion to terminate the investigation pursuant 
to Commission Rule 210.21(b) on the basis of a settlement. See Order 
No. 51 at 1 (Jan. 12, 2016). On January 12, the ALJ (Judge Shaw) denied 
the motion because the private parties failed to provide a copy of the 
Agreement. See id. On February 1, 2016, the private parties filed a 
second amended joint motion (the Joint Motion) to terminate the 
investigation in view of a settlement agreement. See Order 52 at 1 
(Mar. 9, 2016) [hereinafter, the Subject ID]. The motion included both 
a confidential, un-redacted and a public, redacted copy of the 
settlement agreement (the Agreement). Id. at 2. The Agreement and a 
corresponding motion to terminate were also filed in Investigation No. 
337-TA-953 (the 953 investigation). Id.
    On February 3, 2016, the ALJ presiding in the 953 investigation 
(Judge Lord) denied the motion to terminate that investigation, 
reasoning that the public version of the Agreement was over-redacted. 
See id. Pursuant to Commission Rules 210.24(b)(2)-(3) and 210.5(e), 
Ericsson filed a petition for interlocutory Commission review of only 
five of Judge Lord's confidentiality determinations. See Complainant 
Ericsson's Application for Commission Review of Certain Confidentiality 
Determinations in Order No. 45 (Feb. 11, 2016). Ericsson submitted with 
its appeal a revised, less-redacted public version of the Agreement 
(the Final Public Version). Id.
    On March 9, 2016, Judge Shaw issued the Subject ID, which grants 
the Joint Motion. Subject ID, at 3. The Subject ID concludes that 
termination of the 952 investigation based on the private parties' 
settlement is in the public interest. Id. at 2. The Subject ID then 
declares that the private parties should file another public version of 
the Agreement in accordance with Judge Lord's ruling in the 953 
investigation, as affirmed or modified by the Commission. See id. at 2-
3. No petitions for review of the Subject ID were filed. On April 8, 
2016, the Commission determined to review the Subject ID. Notice of 
Commission Determination to Review an Initial Determination Granting a 
Joint Motion to Terminate the Investigation on the Basis of Settlement, 
at 2 (Apr. 8, 2016).
    On May 4, 2016, the Commission granted Ericsson's interlocutory 
appeal in the 953 investigation, reversed the ALJ on all five of the 
appealed confidentiality determinations, and remanded to the ALJ. Order 
Granting Appeal for Interlocutory Review of Order No. 45, Upon Review, 
Reversing, and Remanding to the Administrative Law Judge, at 3 (May 4, 
2016).
    On May 9, 2016, Ericsson filed with the Commission for purposes of 
the 952 investigation the Final Public Version. Letter to Secretary 
Lisa R. Barton enclosing Proposed Public Version of Parties' Global 
Patent License Agreement for Consideration in the Pending Initial 
Determination Terminating the Investigation Based on a Settlement 
Agreement (May 9, 2016).
    The Commission hereby affirms the Subject ID, which grants the 
private parties' motion to terminate the investigation.
    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: May 25, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12711 Filed 5-27-16; 8:45 am]
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