[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Notices]
[Pages 27892-27893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10856]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1208]


Certain Electronic Devices, Including Computers, Tablet 
Computers, and Components and Modules Thereof; Commission Determination 
Not To Review an Initial Determination Granting an Unopposed Motion To 
Terminate the Investigation in Its Entirety Based Upon 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 (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 33) of the presiding administrative 
law judge (``ALJ''), granting an unopposed motion to terminate the 
investigation in its entirety based upon settlement.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential

[[Page 27893]]

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 10, 2020, the Commission 
instituted this investigation based on a complaint filed by Nokia 
Technologies Oy and Nokia Corporation both of Espoo, Finland 
(collectively, ``Nokia''). 85 FR 48263-64 (Aug. 10, 2020). The 
complaint alleged violations of section 337 based on the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain electronic devices, 
including computers, tablet computers, and components and modules 
thereof by reason of infringement of claims 1, 2, 5-7, 9-13, 15, 16, 
18, 21-23, 25-29, 31, 32, 35-37, 39-47, 49, 52-54, and 56-62 of U.S. 
Patent No. 8,144,764 (``the '764 patent''); claims 1-4, 6, 7, 9-13, 15-
18, 20-30, 32-41, 43-49, 51-60, and 62-65 of U.S. Patent No. 7,532,808 
(``the '808 patent''); claims 1-7, 9, 15, 16, 18, 20-25, 27-30, and 50 
of U.S. Patent No. 6,950,469 (``the '469 patent''); claims 1-15 and 20-
23 of U.S. Patent No. 7,724,818 (``the '818 patent''); and claims 1-16 
of U.S. Patent No. 8,583,706 (``the '706 patent''). Id. The 
Commission's notice of investigation named the following nine Lenovo 
entities as respondents: Lenovo (United States), Inc. of Morrisville, 
North Carolina; Lenovo Group Limited of Quarry Bay, Hong Kong; Lenovo 
(Beijing) Limited of Beijing, China; Lenovo (Shanghai) Electronics 
Technology Co. Ltd. of Shanghai, China; Lenovo PC HK Limited of Quarry 
Bay, Hong Kong; Lenovo Information Products Shenzhen Co. Ltd. of 
Shenzhen, China; Lenovo Mobile Communication of Wuhan, China; Lenovo 
Corporation of Wujiang, China; and Lenovo Centro Tecnologico S. de RL 
CV of Nuevo Leon, Mexico (collectively, ``Lenovo''). Id. at 48264. The 
notice of investigation also named the Office of Unfair Import 
Investigations (``OUII'') as a party. Id.
    On September 4, 2020, the ALJ granted a motion by Google to 
intervene in this investigation. Although Google sought intervention 
only as to the '706 patent, the ALJ granted intervention without 
limitation, and the Commission determined not to review the ID. Order 
No. 5 (Sept. 4, 2020), unreviewed by Comm'n Notice (Sept. 29, 2020).
    On March 12, 2021, ALJ granted a motion by Nokia to terminate the 
investigation as to (1) claims 1, 4-6, 9-13, 22, and 23 of the '818 
patent; (2) claims 1, 2, 5-7, 9-13, 15, 16, 18, 21-23, 25-31, 35, 36, 
39, 41-46, 48, 52, 53, 56, 58-60, and 62 of the '764 patent; (3) claims 
1, 2-4, 6, 7, 9-13, 15, 17, 18, 20-30, 32-39, 41, 43-47, 49, 51-53, 56-
60, and 63 of the '808 patent; (4) claims 2-4, 6, 7, 16, 20-25, 28, and 
29 of the '469 patent, (5) all the asserted claims (1-16) of the '706 
patent; and (6) Intervenor Google. The Commission determined not to 
review. Order No. 26 (Mar. 12, 2020), unreviewed by Comm'n Notice (Mar. 
30, 2020).
    On April 22, 2021, Nokia filed a motion to terminate the 
investigation in its entirety based upon settlement. On May 3, 2021, 
OUII filed a response in support of the motion, and the ALJ found that 
the Lenovo respondents do not oppose the motion. ID at 1.
    On May 4, 2021, the Chief ALJ issued the subject ID (Order No. 33) 
granting the motion. The subject ID found that the joint motion 
complies with Commission Rule 210.21(a)(2), which provides that ``[a]ny 
party may move at any time to terminate an investigation in whole or in 
part as to any or all respondents on the basis of a settlement, a 
licensing or other agreement . . . .'' 19 CFR 210.21(a)(2). ID at 2. 
The ID further found that in compliance with 19 CFR 210.21(b), ``Nokia 
represents that there are no other agreements, written or oral, express 
or implied between the parties concerning the subject matter of the 
investigation.'' In addition, the parties provided confidential and 
public versions of the settlement agreement. The ID also found that 
``termination of this investigation does not impose any undue burdens 
on the public health and welfare, competitive conditions in the United 
States economy, production of like or directly competitive articles in 
the United States, or United States consumers pursuant to Commission 
Rule 210.50(b)(2).'' Id. at 3 (citing 19 CFR 210.50(b)(2)). No one 
petitioned for review of the ID.
    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 May 18, 
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: May 18, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10856 Filed 5-21-21; 8:45 am]
BILLING CODE 7020-02-P