[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Page 42948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17766]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1058]


Certain Magnetic Tape Cartridges and Components Thereof; 
Commission Decision Rescinding the Limited Exclusion Order and the 
Cease and Desist Orders

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 rescind the limited exclusion order and 
the cease and desist orders issued in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 June 1, 2017. 82 FR 25333 (Jun. 1, 2017). The complaint, as amended, 
was filed by Sony Corporation of Tokyo, Japan; 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 
``Sony''). Id. The complaint alleged 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 magnetic tape cartridges and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 7,029,774 (``the '774 patent''); 6,674,596 (``the '596 
patent''); and 6,979,501 (``the '501 patent''). Id. The notice of 
investigation named Fujifilm Holdings Corporation of Tokyo, Japan; 
Fujifilm Corporation of Tokyo, Japan; Fujifilm Media Manufacturing Co., 
Ltd. of Kanagawa, Japan; Fujifilm Holdings America Corporation of 
Valhalla, NY; and Fujifilm Recording Media U.S.A., Inc. of Bedford, MA 
(collectively ``Fujifilm'') as respondents. Id. at 25334. The Office of 
Unfair Import Investigations (``OUII'') was also a party in this 
investigation. Id.
    The ALJ found a violation of section 337. Following Commission 
review, on March 25, 2019, the Commission issued its final 
determination in the investigation, finding a violation of section 337 
as to claims 1, 5-8, 10, 16, and 17 of the '774 patent and claims 1-13 
of the '596 patent, and no violation of section 337 as to claims 1, 2, 
4-6, and 8 of the '501 patent. 84 FR 11998-12000 (Mar. 29, 2019). An 
opinion accompanied the notice, and the Commission issued a limited 
exclusion order and cease and desist orders.
    On July 23, 2019, Sony and Fujifilm entered into a Worldwide 
Resolution Agreement and Patent Cross-License (the ``Agreement''). On 
July 25, 2019, Sony and Fujifilm jointly petitioned, pursuant to 
Commission Rule 210.76, 19 CFR 210.76, to rescind the limited exclusion 
order and the cease and desist orders. The joint petition attached an 
unredacted confidential version and a redacted public version of the 
Agreement. On August 5, 2019, OUII filed a response in support of the 
joint petition.
    Having reviewed the joint petition and OUII's response, the 
Commission finds that the Agreement fully resolves the dispute between 
Sony and Fujifilm concerning the subject matter of the investigation. 
The Commission also finds that the joint petition complies with the 
requirements of Commission Rule 210.76, 19 CFR 210.76. Accordingly, the 
Commission has determined to rescind the limited exclusion order and 
the cease and desist orders issued in 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 
210).

    By order of the Commission.

    Issued: August 14, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-17766 Filed 8-16-19; 8:45 am]
 BILLING CODE 7020-02-P