[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42010-42011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17660]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1012]
Certain Magnetic Data Storage Tapes and Cartridges Containing the
Same Notice of Commission Determination To Rescind Remedial Orders;
Termination of Enforcement Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to rescind the limited
exclusion order and cease and desist orders issued in the above-
captioned investigation and to terminate the enforcement proceeding.
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
[[Page 42011]]
contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the original
investigation on July 1, 2016, based on a complaint filed by Fujifilm
Corporation of Tokyo, Japan and Fujifilm Recording Media U.S.A., Inc.
of Bedford, Massachusetts (collectively, ``Fujifilm''). 81 FR 43243
(July 1, 2016). The complaint alleged violations of 19 U.S.C. 1337, as
amended (``Section 337''), through the importation into the United
States, sale for importation, or sale within the United States after
importation of certain magnetic data storage tapes and tape cartridges
containing same that allegedly infringe certain asserted claims of U.S.
Patent Nos. 6,641,891 (``the '891 patent''), 6,767,612 (``the '612
patent''), 6,703,106 (``the '106 patent''), 8,236,434 (``the '434
patent''), and 7,355,805 (``the '805 patent''). Id. The Commission's
notice of investigation named Sony Corporation of Tokyo, Japan; Sony
Corporation of America of New York, New York; and Sony Electronics Inc.
of San Diego, California (collectively, ``Sony'') as respondents. Id.
The Office of Unfair Import Investigations (``OUII'') was also named as
a party to the investigation.
On March 14, 2018, the Commission determined that a violation of
Section 337 occurred with respect to the '891 patent but not the '612,
'106, '434, or '805 patents. 83 FR 11245 (March 14, 2018). The
Commission issued a limited exclusion order and cease and desist orders
against the Sony respondents, but exempted magnetic data storage tapes
and tape cartridges that are imported or used for the purpose of
fulfilling Sony's warranty, service, repair, or compliance verification
obligations. Id.; see also Comm'n Opinion (March 8, 2018).
On June 13, 2018, the Commission instituted an enforcement
proceeding and named the original three Sony entities as respondents,
in addition to Sony Storage Media Solutions Corporation of Tokyo,
Japan; Sony Storage Media Manufacturing Corporation of Miyagi, Japan;
Sony DADC US Inc. of Terre Haute, Indiana; and Sony Latin America Inc.
of Miami, Florida (collectively, ``the Sony Respondents''). 83 FR 27626
(June 13, 2018). OUII was also named as a party. Id.
While the enforcement proceeding was ongoing, the Sony Respondents
filed a request for an advisory opinion and petition for modification
of the remedial orders to clarify that certain of its redesigned tape
products are outside the scope of the remedial orders. See 83 FR 42690
(Aug. 23, 2018). The Commission instituted the modification proceeding
on August 23, 2018, and consolidated it with the enforcement
proceeding. Id. The Commission, however, subsequently terminated the
modification proceeding that had been consolidated with the enforcement
proceeding on a motion filed by the Sony Respondents. 83 FR 58594 (Nov.
20, 2018).
On July 3, 2019, the presiding administrative law judge (``ALJ'')
issued an initial determination in the enforcement proceeding
(``EID''), finding that the Sony Respondents violated the cease and
desist orders and recommending a civil penalty of $210,134 as the
appropriate enforcement measure. EID at 1, 60-61.
The Sony Respondents filed a petition to review the EID on July 15,
2019. On July 17, 2019, however, the parties filed a joint motion for
an extension of time to file a response to the Sony Respondents'
petition in order to accommodate the parties' settlement discussions.
On July 25, 2019, Fujifilm and the Sony Respondents filed a joint
petition to rescind the remedial orders and a joint motion to terminate
the enforcement proceeding due to their settlement agreement and patent
cross-license. See 19 U.S.C. 1337(k); 19 CFR 210.21(b), 210.76(a). On
August 1, 2019, OUII filed a response in support of the parties' joint
petition to rescind the remedial orders and their joint motion to
terminate the enforcement proceeding.
The Commission, having reviewed the parties' joint petition and
other materials, has determined to grant the parties' petition and
motion, rescind the limited exclusion order and cease and desist orders
issued in the underlying investigation, and terminate the enforcement
proceeding.
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: August 13, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-17660 Filed 8-15-19; 8:45 am]
BILLING CODE 7020-02-P