[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31098-31099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13787]



[[Page 31098]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1043]


Certain Electrical Connectors, Components Thereof, and Products 
Containing the Same; Commission Determination To Review a Final Initial 
Determination Finding a Violation of Section 337; Request for Written 
Submissions on the Issues Under Review and on Remedy, Bonding, and the 
Public Interest; and Extension of the Target Date

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 to review a final 
initial determination (``ID'') of the presiding administrative law 
judge (``ALJ'') finding a violation of section 337. The Commission is 
requesting written submissions from the parties on the issues under 
review and is requesting written submissions on remedy, bonding, and 
the public interest. The Commission has also determined to extend the 
target date for completion of the investigation to August 22, 2019.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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 on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 14, 2017, based on a complaint filed by J.S.T. Corporation 
(``JST'') of Farmington Hills, Michigan. 82 FR 13654-55. The complaint, 
as supplemented, alleges violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, based on the importation and sale of 
certain electrical connectors, components thereof, and products 
containing the same by reason of infringement of claims 2, 4, and 9-10 
of U.S. Patent No. 7,004,766 (``the '766 patent''). The complaint 
further alleges the existence of a domestic industry. The Commission's 
notice of investigation named the following respondents: Robert Bosch 
GmbH of Baden-Wuertemberg, Germany; Bosch Automotive Products (Suzhou) 
Co., Ltd. of Jiangsu, China; and Hon Hai Precision Industry Co., Ltd. 
of New Tapei City, Taiwan (collectively, ``the non-importing 
respondents''); Robert Bosch LLC of Broadview, Illinois; Robert Bosch, 
Sistemas Automatrices, S.A. de C.V. of Chihuahua, Mexico; Foxconn 
Interconnect Technology, Ltd. of New Tapei City, Taiwan (collectively, 
``the remaining respondents''); and Robert Bosch, Ltda. (``Bosch 
Brazil'') of Sao Paulo, Brazil. The Office of Unfair Import 
Investigations is not participating in the investigation. Bosch Brazil 
has been terminated from the investigation. See Order No. 68 (November 
8, 2018), unreviewed by Comm'n Notice (December 3, 2018). Two IDs 
granting respondents' motions for summary determination of invalidity 
of one or more asserted claims of the '766 patent due to indefiniteness 
have been reversed by the Commission. See Order No. 24 (October 16, 
2017), reversed by Comm'n Notice (March 26, 2018); Order No. 30 (May 
18, 2018), reversed by Comm'n Notice (July 24, 2018).
    On April 12, 2019, the ALJ issued his final ID finding a violation 
of section 337. The ID finds that the non-importing respondents do not 
satisfy the importation requirement of section 337(a)(1)(B). The ID 
further finds that the remaining respondents' accused products infringe 
asserted claims 2, 4, and 9-10 of the '766 patent. The ID also finds 
that the asserted claims are not invalid under 35 U.S.C. 102, 103. In 
addition, the ID finds that JST satisfied both prongs of the domestic 
industry requirement with respect to the '766 patent. In the same 
document, the ALJ recommended that if the Commission finds a violation, 
it should issue a limited exclusion order directed to respondents' 
infringing products and no cease and desist orders.
    On April 29, 2019, respondents petitioned, and JST contingently 
petitioned, for review of the final ID. On May 7, 2019, JST and 
respondents each filed a response in opposition to the other party's 
petition for review.
    Having reviewed the record of the investigation, including the 
parties' briefing, the Commission has determined to review the subject 
ID in its entirety. Accordingly, the Commission is interested in 
responses to the following questions:
    (A) Do the claim language, specification, and prosecution history 
limit the claim limitation ``the first holes are provided in end 
regions of the tine plate proximate to two opposite ends of the tine 
plate in the longitudinal direction'' recited in claim 2 to require 
that first holes be disposed closest to the edge of the two opposite 
ends of the tine plate in the longitudinal direction? And what is your 
proposed claim construction for this limitation?
    (B) How does your construction apply to infringement, the technical 
prong of the domestic industry requirement, and invalidity?
    The parties are requested to brief only the discrete questions 
presented above, with reference to the applicable law and record. The 
parties are not to brief any other issues on review, which have already 
been adequately presented in the parties' previous filings. Also, the 
Commission has extended the target date for completion of the 
investigation to August 22, 2019.
    In addition, in connection with the final disposition of this 
investigation, 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 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 
2843, Comm'n Op. at 7-10 (December 1994).
    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

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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. The Commission is therefore interested in receiving 
submissions concerning the amount of the bond that should be imposed if 
a remedy is ordered.
    Written Submissions: Parties to the investigation are required to 
file initial submissions regarding the issues under review by no later 
than July 8, 2019. Response submissions are due by July 15, 2019. The 
parties should limit their initial and response submissions to 25 pages 
each. Also, 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 
by the ALJ on remedy and bonding.
    Complainant is also requested to submit proposed remedial orders 
for the Commission's consideration. Complainant is also requested to 
state the date that the asserted patents expire, the HTSUS numbers 
under which the accused products are imported, and to supply the names 
of known importers of the products at issue in this investigation. The 
written submissions regarding remedy, bonding, and the public interest 
and proposed remedial orders must be filed no later than close of 
business on July 8, 2019. Reply submissions must be filed no later than 
the close of business on July 15, 2019. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary 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-1043'') in a prominent place on the cover page and/or the 
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: June 24, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-13787 Filed 6-27-19; 8:45 am]
BILLING CODE 7020-02-P