[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48442-48443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18570]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1104 (Modification)]


Certain Multi-Domain Test and Measurement Instruments; Notice of 
Commission Determination To Institute a Modification Proceeding and 
Modify Three Consent Orders; Termination of the Modification Proceeding

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 institute a modification proceeding and 
modify three consent orders issued in the underlying investigation to 
exclude certain products subject to a settlement agreement. The 
modification proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. 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 16, 2018, the Commission instituted 
this investigation under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by Tektronix, Inc. of Beaverton, Oregon (``Tektronix''). See 83 FR 
11790 (Mar. 16, 2018). The complaint alleges a violation of section 337 
based upon the importation into the United States, sale for 
importation, or sale after importation into the United States of 
certain multi-domain test and measurement instruments by reason of 
infringement of certain claims of U.S. Patent No. 8,521,460 and U.S. 
Patent No. 8,675,719 (``the Asserted Patents''). Id. The notice of 
investigation names three respondents: Rohde & Schwartz GmbH & Co. KG 
of Munich, Germany; Rohde & Schwartz Vertriebs GmbH of Munich, Germany; 
and Rohde & Schwartz USA, Inc. of Columbia, Maryland (collectively, 
``R&S''). Id at 11791.
    On August 10, 2018, the Commission issued a consent order to each 
of the three respondents. Order No. 12 (Jul. 13, 2018), unreviewed by 
Notice (Aug. 10, 2018). The three consent orders prohibit R&S from 
selling for importation or selling after importation certain accused 
multi-domain test and measurement instruments that were alleged to 
infringe the asserted claims of the Asserted Patents. Following 
issuance of the consent orders, the investigation proceeded with 
respect to the remaining accused products.
    On September 17, 2018, the Commission terminated the investigation 
in view of the consent orders and Tektronix's unopposed motion to 
terminate the investigation in its entirety based on withdrawal of the

[[Page 48443]]

complaint as to any remaining accused products. Order No. 16 (Aug. 24, 
2018), unreviewed by 83 FR 47937-38 (Sept. 21, 2018).
    On February 10, 2020, Tektronix and R&S filed a petition pursuant 
to Commission Rule 210.76 (19 CFR 210.76) to rescind in-part the three 
consent orders with respect to certain covered products based on a 
settlement agreement.
    Having reviewed the petition, the Commission has determined that 
the petition complies with Commission Rule 210.76 (19 CFR 210.76), and 
that there are no extraordinary reasons to deny modification of the 
consent orders. Accordingly, the Commission has determined to institute 
a modification proceeding and to modify the three consent orders. 
Specifically, the three consent orders are rescinded in-part to the 
extent the orders cover R&S's RTM and RTA line of oscilloscopes with a 
proposed ``K37 Option'' and to the extent the orders cover R&S products 
other than oscilloscopes.
    The modification proceeding is terminated.
    The Commission vote for this determination took place on August 24, 
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: August 23, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18570 Filed 8-27-21; 8:45 am]
BILLING CODE 7020-02-P