[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19641-19642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07642]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1215]


Certain Mobile Electronic Devices and Laptop Computers; Notice of 
Commission Determination Not to Review an Initial Determination 
Terminating the Investigation Based on Settlement; Termination of 
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 not to review an initial determination 
(``ID'') (Order No. 15) of the presiding administrative law judge 
(``ALJ'') granting complainant and respondent's joint motion to 
terminate the investigation in its entirety based on settlement. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On August 24, 2020, the Commission 
instituted this investigation based on a complaint filed by Maxell, 
Ltd. (``Maxell'') of Japan. 85 FR 52153-54 (Aug. 24, 2020). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), based on the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation of certain mobile electronic devices and laptop 
computers by reason of infringement of certain claims of U.S. Patent 
Nos. 7,203,517; 8,982,086 (``the '086 patent''); 7,199,821 (``the '821 
patent''); 10,129,590 (``the '590 patent''); and 10,176,848 (``the '848 
patent''). Id. at 52153. The complaint further alleges that a domestic 
industry exists. Id. The notice of investigation named as

[[Page 19642]]

respondent Apple Inc. (``Apple'') of Cupertino, California. Id. The 
Office of Unfair Import Investigations (``OUII'') is also named as a 
party. Id.
    On February 24, 2021, the Commission determined to terminate the 
investigation as to the '848 patent based on withdrawal of the 
allegations in the complaint as to that patent. Order No. 9 (Feb. 9, 
2021), unreviewed by Comm'n Notice (Feb. 24, 2021). On March 15, 2021, 
the Commission determined to terminate the investigation as to (i) 
claims 3 and 5-10 of the '590 patent, (ii) claim 3 of the '086 patent, 
(iii) all asserted claims of the '590 and '821 patents with respect to 
Apple's MacOS products only, and (iv) Apple's affirmative defense of 
lack of standing based on the private parties' withdrawal of their 
respective allegations in the complaint and answer as to those issues. 
Order No. 14 (Feb. 19, 2021), unreviewed by Comm'n Notice (Mar. 15, 
2021).
    On March 25, 2021, Maxell and Apple filed a joint motion to 
terminate the investigation in its entirety based on settlement. That 
same day, OUII filed a response in support of the motion.
    On March 29, 2021, the ALJ issued the subject ID granting the 
motion. The ID finds that the motion complies with the requirements of 
Commission Rule 210.21(b) (19 CFR 210.21(b)) and that ``the public 
interest generally favors settlement to avoid needless litigation and 
to conserve public resources.'' ID at 2. No petitions for review of the 
subject ID were filed.
    The Commission has determined not to review the subject ID. The 
investigation is hereby terminated in its entirety.
    The Commission vote for this determination took place on April 9, 
2021.
    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: April 9, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-07642 Filed 4-13-21; 8:45 am]
BILLING CODE 7020-02-P