[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Page 112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28448]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1194 (Enforcement Proceeding)]


Notice of Institution of Formal Enforcement Proceeding; Certain 
High-Density Fiber Optic Equipment and Components Thereof

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 instituted a formal enforcement proceeding relating to 
the General Exclusion Order (``GEO'') and Cease and Desist Order 
(``CDO'') issued against Panduit Corporation (``Panduit'') on August 3, 
2021, in the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. 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: The Commission instituted the original 
investigation on March 24, 2020, based on a complaint filed on behalf 
of Corning Optical Communications LLC (``Corning'') of Charlotte, North 
Carolina. 85 FR 16653 (Mar. 24, 2020). The complaint, as supplemented, 
alleged violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the importation into the United States, the 
sale for importation, or the sale within the United States after 
importation of certain high-density fiber optic equipment and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 9,020,320 (``the '320 patent''); 10,120,153 (``the '153 
patent''); 8,712,206 (``the '206 patent''); 10,094,996; and 10,444,456 
(``the '456 patent''). Id. The Commission's notice of investigation 
named numerous respondents including Panduit of Tinley, Illinois. Id. 
The notice of investigation also named the Office of Unfair Import 
Investigations (``OUII'') as a party. Id. at 16654. The full 
investigation background is in the final termination notice. 86 FR 
43564-65 (Aug. 9, 2021).
    On August 3, 2021, the Commission found, inter alia, that Panduit 
violated section 337 with respect to claims 1 and 3 of the '320 patent; 
claims 11, 12, 14-16, 19, 21, 27, and 28 of the '456 patent; and claims 
9, 16, 23, and 26 of the '153 patent. Id. at 43565. Specifically, the 
Commission found that Panduit's imported articles were used by 
customers to directly infringe the asserted claims of the '320, '456, 
and '153 patents at Panduit's inducement. Id. The Commission issued, 
inter alia, a GEO and a CDO against Panduit and determined that a bond 
as set forth in the Orders was required during the period of 
Presidential review. 19 U.S.C. 1337(j)(3).
    On November 24, 2021, Corning filed a complaint requesting that the 
Commission institute an enforcement proceeding under Commission Rule 
210.75, 19 CFR 210.75, to investigate alleged violations of the GEO and 
CDO by Panduit.
    Having examined the enforcement complaint and the supporting 
documents, the Commission has determined to institute a formal 
enforcement proceeding, pursuant to 19 CFR 210.75(a), to determine 
whether violations of the GEO and CDO, issued on August 3, 2021, in the 
original investigation have occurred and to determine what, if any, 
enforcement measures are appropriate. The named respondent is Panduit. 
OUII is also named as a party. In the Order issued concurrently 
herewith, the Commission has referred this enforcement proceeding to 
the chief administrative law judge for designation of a presiding 
administrative law judge to conduct any necessary proceedings, issue an 
Enforcement Initial Determination, and make a recommendation on 
appropriate enforcement measures, if any.
    The Commission vote for this determination took place on December 
28, 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.

    Issued: December 28, 2021.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2021-28448 Filed 12-30-21; 8:45 am]
BILLING CODE 7020-02-P