[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43158-43159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17864]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1076]
Certain Magnetic Data Storage Tapes and Cartridges Containing
Same (II); Notice of Commission Determination To Rescind the Remedial
Orders Issued in the Above-Captioned 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 (``Commission'') has determined to rescind the limited
exclusion order and cease and desist orders issued in the above-
captioned investigation due to a settlement agreement and patent cross-
license.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(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: The Commission instituted this investigation
on October 25, 2017, based on a
[[Page 43159]]
complaint filed by FUJIFILM Corporation of Tokyo, Japan and FUJIFILM
Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively,
``Fujifilm''). 82 FR 49421 (Oct. 25, 2017). The complaint alleged
violations of 19 U.S.C. 1337 (``Section 337'') through the importation
into the United States, sale for importation, or sale in the United
States after importation of certain magnetic data storage tapes and
cartridges that infringe one or more of the asserted claims of U.S.
Patent Nos. 6,630,256 (``the '256 patent''), 6,835,451 (``the '451
patent''), 7,011,899 (``the '899 patent''), 6,462,905 (``the '905
patent''), and 6,783,094 (``the '094 patent''). Id. The '094 patent was
later withdrawn and terminated from the investigation. See Order No. 11
(Mar. 19, 2018), not rev'd, Comm'n Notice (Apr. 17, 2018).
The notice of investigation named 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'') as respondents. 82 FR at 49421-22. The Office
of Unfair Import Investigations (``OUII'') was also named a party to
the investigation. Id.
The presiding administrative law judge (``ALJ'') held an
evidentiary hearing on June 25-29, 2018, and issued his final initial
determination (``ID'') and recommended determination (``RD'') on
October 25, 2018. The ID finds that Sony violated Section 337 with
respect to the '256 and '899 patents but not the '905 or '451 patents.
The RD recommends that the Commission issue a limited exclusion order
and cease and desist orders accordingly.
The Commission determined to review the subject ID in part. 84 FR
10532 (Mar. 21, 2019). On June 6, 2019, the Commission issued its final
determination, in which it concluded that Sony violated Section 337 by
infringing the '256 and '899 patents and issued a limited exclusion
order and cease and desist orders accordingly. Comm'n Op. (June 6,
2019); 84 FR 27358 (June 12, 2019).
On July 25, 2019, Fujifilm and Sony filed a Joint Petition of
Complainants and Respondents to Rescind Limited Exclusion Order and
Cease and Desist Orders in the above-referenced investigation. The
parties assert that rescission is warranted due to a settlement
agreement and patent cross-license, pursuant to 19 U.S.C. 1337(k) and
19 CFR 210.76(a). On August 5, 2019, OUII filed a response in support
of the joint petition and rescission of the remedial orders in the
above-captioned investigation.
Upon review of the parties' submissions, the Commission has
determined to grant the subject joint petition and rescind the limited
exclusion order and cease and desist orders issued in this
investigation. The Commission finds that the settlement fully resolves
the dispute between the parties 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.
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 14, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-17864 Filed 8-19-19; 8:45 am]
BILLING CODE 7020-02-P