[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68367-68368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23854]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1227]


Certain Routers, Access Points, Controllers, Network Management 
Devices, Other Networking Products, and Hardware and Software 
Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 22, 2020, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Q3 
Networking LLC of Frisco, Texas. A supplement was filed on October 8, 
2020. The complaint alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain routers, 
access points, controllers, network management devices, other 
networking products, and hardware and software components thereof by 
reason of infringement of certain U.S. Patent No. 7,457,627 (``the '627 
patent''); Patent No. 7,609,677 (``the '677 patent''); U.S. Patent No. 
7,895,305 (``the '305 patent''); and U.S. Patent No. 8,797,853 (``the 
'853 patent''). The complaint further alleges that an industry in the 
United States exists as required by the applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 22, 2020, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-3 and 8 of the '627 patent; claims 1-6 and 8 of the '677 
patent; claims 1-3, 5, 6, 8, 9, and 11-14 of the '305 patent;

[[Page 68368]]

and claims 1-9 of the '853 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``Wi-Fi networking 
products, routers, satellites, extenders, Wi-Fi systems, mesh networks, 
mesh systems, gateways, modems, access points, controllers, network 
management devices, storage systems, switches, bridges, wireless 
services modules, wireless subscriber units, base stations, adapters, 
other networking products, and their related software/applications'';
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Q3 Networking LLC, 5570 FM 423, Suite 250-2026, Frisco, TX 75034

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

CommScope Holding Company, Inc., 1100 CommScope Place SE, Hickory, NC 
28602
CommScope, Inc., 1100 CommScope Place SE, Hickory, NC 28602
Arris US Holdings, Inc., 3871 Lakefield Drive, Suwanee, GA 30024
Ruckus Wireless, Inc., 350 West Java Drive, Sunnyvale, CA 94089
Hewlett Packard Enterprise Co., 3000 Hanover Street, Palo Alto, CA 
94304
Aruba Networks, Inc., 3333 Scott Boulevard, Santa Clara, CA 95054
Netgear, Inc., 350 East Plumeria Drive, San Jose, CA 95134

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint and the 
notice of investigation will not be granted unless good cause therefor 
is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: October 23, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-23854 Filed 10-27-20; 8:45 am]
BILLING CODE 7020-02-P