[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 61030-61031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21421]



[[Page 61030]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1148]


Certain Integrated Circuits and Products Containing the Same; 
Commission Determination To Review in Part a Final Initial 
Determination Finding No Violation of Section 337 and, on Review, To 
Affirm the Finding of No Violation; Termination of the 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 has determined to review in part the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on May 22, 2020, finding no violation of section 337 in the 
above-referenced investigation and, on review, to affirm the finding of 
no violation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, 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 may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On March 15, 2019, the Commission instituted 
Inv. No. 337-TA-1148, Certain Integrated Circuits and Products 
Containing the Same under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by Tela Innovations, Inc. of Los Gatos, California (``Tela''). 84 FR 
9558-59 (Mar. 15, 2019). The complaint alleges a violation of section 
337 by reason of infringement of certain claims of U.S. Patent Nos. 
7,943,966 (``the '966 patent''); 7,948,012 (``the '012 patent''); 
10,141,334 (``the '334 patent''); 10,141,335 (``the '335 patent''); and 
10,186,523 (``the '523 patent''). The complainant also alleges the 
existence of a domestic industry. The notice of investigation names as 
respondents Acer, Inc. of New Taipei City, Taiwan; Acer America 
Corporation of San Jose, California; AsusTek Computer Inc. of Taipai, 
Taiwan; Asus Computer International of Fremont, California; Intel 
Corporation of Santa Clara, California; Lenovo Group Ltd. of Beijing, 
China; Lenovo (United States) Inc. of Morrisville, North Carolina; 
Micro-Star International Co., Ltd. of New Taipei City, Taiwan; and MSI 
Computer Corp. of City of Industry, California (collectively, 
``Respondents''). Id. at 9559. The Commission's Office of Unfair Import 
Investigations (``OUII'') is also named as a party in this 
investigation. Id.
    The Commission has previously terminated the investigation as to 
the '966, '012 and '335 patents, and as to certain claims of the '334 
and '523 patents. See Order No. 33 (Oct. 2, 2019), unreviewed by Notice 
(Oct. 22, 2019); Order No. 36 (Oct. 23, 2019), unreviewed by Notice 
(Nov. 15, 2019); and Order No. 44 (Jan. 6, 2020), unreviewed by Notice 
(Feb. 3, 2020).
    On May 22, 2020, the ALJ issued his ``Initial Determination on 
Violation of Section 337 and Recommended Determination on Remedy and 
Bond'' (``ID/RD'') finding that there is no violation of section 337 in 
the importation into the United States, the sale for importation, or 
the sale within the United States after importation of certain 
integrated circuits and products containing the same, in connection 
with the asserted claims of the '334 and '523 patents, and that a 
domestic industry in the United States that practices or exploits the 
asserted patents does not exist.
    The ID finds that Respondents directly infringe claims 1, 2, and 5 
of the '334 patent, and that claims 1, 2, 5, and 15 of the '334 patent 
have been shown to be invalid. The ID also finds that Tela's licensee 
has not been shown to practice any claims of the '334 patent, and that 
the domestic industry requirement is not satisfied with respect to the 
'334 patent. The ID finds that there is no violation of section 337 
with respect to the '334 patent.
    The ID further finds that Respondents directly infringe claims 1-
11, 14-20, 25, and 26 of the '523 patent, and that no claims of the 
'523 patent have been shown to be invalid. The ID also finds that 
Tela's licensee has not been shown to practice any claims of the '523 
patent, and that the domestic industry requirement is not satisfied 
with respect to the '523 patent. The ID finds that there is no 
violation of Section 337 with respect to the '523 patent.
    All the parties to the investigation filed petitions for review of 
various portions of the ID. On June 8, 2020, OUII filed a petition 
seeking review of the ID's determination not to analyze whether the 
asserted domestic industry claims are invalid and, contingently, 
seeking review of the ID's infringement findings. Also on June 8, 2020, 
Respondents filed a petition contingently seeking review of the ID's 
infringement and validity findings.
    On June 11, 2020, Tela filed a petition seeking review of the ID's 
findings concerning the validity and the technical prong of the 
domestic industry requirement. Tela also seeks contingent review of the 
ID's infringement findings and the ID's finding that Intel's 45 nm 
process is prior art under 35 U.S.C. 102(g)(2). In addition, Tela seeks 
review of Order No. 30 (Sept. 4, 2019), which granted-in-part Tela's 
motion for leave to supplement its contention interrogatory responses.
    On June 18, 2020, the parties filed responses to the various 
petitions.
    Having examined the record in this investigation, including the 
final ID, the petitions for review, and the responses thereto, the 
Commission has determined to review the ID in part to correct a legal 
error in the ID's domestic industry findings. On review, the Commission 
has determined to strike the paragraph relating to the '334 patent on 
pages 101-102 of the ID and certain sentences relating to the `523 
patent on page 168 of the ID. The Commission takes no position on the 
issue of whether the asserted domestic industry claims, i.e., claims 
29-30 of the '334 patent and claims 27-28 of the '523 patent, are 
invalid. See Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 
1984).
    The Commission has also determined to review the ID in part on the 
issue of whether Tela satisfied the economic prong of the domestic 
industry requirement, see ID at 185-188, and to take no position on 
this issue. See Beloit, 742 F.2d at 1423.
    The Commission has determined not to review the remainder of the 
ID, including the ID's finding of no violation of section 337 in this 
investigation. The Commission has also determined not to review Order 
No. 30.
    The investigation is terminated.
    The Commission vote for this determination took place on September 
23, 2020.
    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.

[[Page 61031]]

    Issued: September 23, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-21421 Filed 9-28-20; 8:45 am]
BILLING CODE 7020-02-P