[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22287-22288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10164]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1031]


Certain UV Curable Coatings for Optical Fibers, Coated Optical 
Fibers, and Products Containing Same; Notice of the Commission's Final 
Determination Finding No Violation of Section 337; 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 (the ``Commission'') has determined, upon review of the 
final initial determination (the ``ID''), that the complainants have 
not shown a violation of the Tariff Act of 1930, as amended, in 
connection with the asserted patents. This investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 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, 
telephone 202-205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (``EDIS'') at https://edis.usitc.gov. Hearing-impaired persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: On December 5, 2016, the Commission 
instituted this investigation based on a complaint filed by DSM 
Desotech, Inc. of Elgin, IL; and DSM IP Assets B.V. of Heerlen, 
Netherlands (collectively, ``DSM''). 81 FR 87588-89 (Dec. 5, 2016). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337 (``section 337''), based upon the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain UV curable 
coatings for optical fibers, coated optical fibers, and products 
containing same by reason of infringement of one or more of claims

[[Page 22288]]

1-8, 10-15, and 18-22 of U.S. Patent No. 6,961,508 (``the '508 
patent''); claims 1-10 and 13-15 of U.S. Patent No. 7,171,103 (``the 
'103 patent''); claims 2-4, 9, 11-12, and 15 of U.S. Patent No. 
7,067,564; and claims 1-3, 9, 12, 16-18, 21, and 30 of U.S. Patent No. 
7,706,659 (``the '659 patent''). Id. The Commission's Notice of 
Investigation named as respondents Momentive UV Coatings (Shanghai) 
Co., Ltd. of Shanghai, China (``MUV''); and OFS Fitel, LLC of Norcross, 
Georgia (``OFS'') (collectively, ``Respondents''). Id. The Office of 
Unfair Import Investigations (``OUII'') was also named as a party in 
this investigation. Id.
    Prior to the evidentiary hearing, DSM withdrew its allegations as 
to certain patent claims. See Order 12 (Apr. 12, 2017), unreviewed, 
Notice of Commission Determination Not to Review an Initial 
Determination Granting Complainants' Unopposed Motion to Terminate this 
Investigation with respect to One Patent Claim (May 11, 2017); Order 50 
(Aug. 25, 2017), unreviewed, Notice of Commission Determination Not to 
Review An Initial Determination Withdrawing from the Complaint Certain 
Allegations Regarding U.S. Patent No. 7,067,564 (Sept. 15, 2017). DSM 
proceeded at the evidentiary hearing on the following patents and 
claims: claims 1-8, 11-15, 18-19, 20-21, and 22 of the '508 patent; 
claims 1-10 and 13-15 of the '103 patent; and claims 1-3, 9, 12, 16-18, 
21, and 30 of the '659 patent.
    On February 15, 2018, the presiding administrative law judge 
(``ALJ'') issued the ID, which finds only MUV in violation of section 
337, and only as to the '508 and '103 patents. On February 27-28, 2018, 
OUII, DSM, MUV, and OFS filed petitions for review of the ID, and on 
March 7-8, 2018, the parties filed responses to the petitions. On March 
19, 2018, the private parties filed statements on the public interest. 
The Commission also received comments on the public interest from 
members of the public.
    On April 16, 2018, after considering the parties' petitions and 
responses thereto, the Commission determined to review the following 
issues:
    (1) Whether respondent OFS imports respondent MUV's accused KS1-
043/048 coating.
    (2) Whether claim 30 of '659 patent is invalid for lack of written 
description.
    (3) Whether claims 1-8, 11, 15, and 18-19 of the '508 patent are 
invalid for lack of written description and enablement.
    (4) Whether claim 21 of the '508 patent and claims 1-10 and 13-15 
of the '103 patent are invalid for lack of written description and 
enablement.
    (5) Whether the accused products infringe the '508, '103, and '659 
patents.
    (6) Whether the technical and economic prongs of the domestic 
industry requirement have been met for the '508, '103, and '659 
patents.
    The Commission had determined to not review the remainder of the ID 
and did not request any briefing.
    On review, the Commission has now determined that DSM has not shown 
that Respondents have violated section 337. As to the issues under 
review and as explained more fully in the related Commission Opinion, 
the Commission has determined to affirm with modifications in part, 
reverse in part, and take no position as to certain issues under 
review. More particularly, the Commission has determined to affirm with 
modified reasoning the ID's conclusion that claims 1-8, 11, 15, and 18-
19 of the '508 patent are invalid for lack of written description. The 
Commission has also determined to supplement the ID's reasoning as to 
its conclusion that claim 30 of the '659 patent is invalid for lack of 
written description. The Commission has further determined to reverse 
the ID's conclusion that claim 21 of the '508 patent and claims 1-10 
and 13-15 of the '103 patent are not invalid for lack of written 
description. The Commission has additionally determined to modify the 
ID to include a finding that respondent OFS imports respondent MUV's 
accused KS1-043/048 coating. Finally, the Commission has determined not 
to take a position as to whether claims 1-8, 11, 15, 18-19, and 21 of 
the '508 patent and claims 1-10 and 13-15 of the '103 patent are 
invalid for lack of enablement; whether the accused products infringe 
the '508, '103, and '659 patents; and whether the technical and 
economic prongs of the domestic industry requirement have been met for 
those patents.
    This action is taken under the authority of 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 8, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-10164 Filed 5-11-18; 8:45 am]
 BILLING CODE 7020-02-P