[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Page 42881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16656]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1254]


Certain Semiconductor Devices, Wireless Infrastructure Equipment 
Containing the Same, and Components Thereof; Notice of a Commission 
Determination Not To Review an Initial Determination Granting a Joint 
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. 7) 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 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 March 10, 2021, the Commission instituted 
this investigation based on a complaint filed by Samsung Electronics 
Co., Ltd. of Republic of Korea and Samsung Austin Semiconductor, LLC of 
Austin, Texas (collectively, ``Samsung''). 86 FR 13733 (Mar. 10, 2021). 
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 
semiconductor devices, wireless infrastructure equipment containing the 
same, and components thereof by reason of infringement of claims 1-4 
and 6-20 of U.S. Patent No. 9,748,243; claims 1-15 of U.S. Patent No. 
9,018,697; claims 1-3, 6-8, 10-14, 16, 19, 20, 23, 24, and 26-29 of 
U.S. Patent No. 9,048,219; and claims 1, 5-11, 13, 15, and 18 of U.S. 
Patent No. 9,761,719. Id. The Commission's notice of investigation 
named as respondents, Ericsson AB and Telefonaktiebolaget LM Ericsson 
both of Stockholm, Sweden, and Ericsson Inc. of Plano, Texas 
(collectively, ``Ericsson''). Id. The notice of investigation did not 
name the Office of Unfair Import Investigations as a party. Id.
    On May 14, 2021, Samsung and Ericsson filed a joint motion to 
terminate the investigation in its entirety based upon settlement.
    On July 8, 2021, the ALJ issued the subject ID (Order No. 7) 
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 . . . .'' ID at 1 (citing 19 CFR 
210.21(a)(2)). The ID observed that ``Samsung and Ericsson have entered 
into a Global Patent License Agreement that includes an agreement to 
terminate this Investigation in its entirety,'' and in accordance with 
Commission Rule 210.21(b)(1) state that ``[t]here are no other 
agreements, written or oral, expressed or implied between Samsung and 
Ericsson concerning the subject matter of this Investigation.'' ID at 
1-2 (citing 19 CFR 210.21(b)(1)). In addition, the parties provided 
confidential and public versions of the settlement agreement. The ID 
further noted that the parties agree that termination of this 
investigation ``will not have any adverse effect of the public health 
and welfare and/or competitive conditions in the United States'' and 
that ``[t]ermination will also conserve the parties' respective 
resources and those of the Commission.'' Id. at 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 July 30, 
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: July 30, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-16656 Filed 8-4-21; 8:45 am]
BILLING CODE 7020-02-P