[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11095-11096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04097]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1253]


Certain LTE-Compliant Cellular Communication Devices; Commission 
Determination Not To Review an Initial Determination Granting 
Complainant's Motion To Terminate the Investigation Based on Withdrawal 
of the Complaint Allegations; Termination of the 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. 36) of the presiding Administrative Law Judge 
(``ALJ'') granting complainant's motion to

[[Page 11096]]

terminate the investigation in its entirety based on withdrawal of the 
complaint allegations.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., 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: On March 8, 2021, 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 Evolved Wireless, LLC of Austin, Texas (``Evolved''). 86 FR 13399-
400 (Mar. 8, 2021). The complaint alleged a violation of section 337 in 
the importation into the United States, the sale for importation, or 
the sale within the United States after importation of certain LTE-
compliant cellular communication devices by reason of infringement of 
certain claims of U.S. Patent Nos. RE46,679; RE48,326 (``the '326 
patent''); and 10,517,120 (``the '120 patent''). The complaint also 
alleged the existence of a domestic industry. The notice of 
investigation named Samsung Electronics Co., Ltd. of Gyeonngi-Do, 
Republic of Korea; Samsung Electronics America, Inc. of Ridgefield 
Park, New Jersey; and Motorola Mobility LLC of Chicago, Illinois as 
respondents. Id. at 13400. The Commission's Office of Unfair Import 
Investigations was also named as a party in this investigation. Id. 
Subsequently, the Commission terminated all asserted claims of the '120 
patent and claims 19 and 20 of the '326 patent from the investigation 
by reason of withdrawal of the complaint allegations. Order No. 15 
(Aug. 26, 2021), unreviewed by Notice (Sep. 24, 2021); Order No. 26 
(Dec. 3, 2021), unreviewed by Notice (Dec. 20, 2021).
    On January 13, 2022, complainant Evolved filed an unopposed motion 
to terminate this investigation by reason of withdrawal of complaint 
allegations under Commission Rule 210.21(a), 19 CFR 210.21(a). On 
January 19, 2022, the Commission investigative attorney filed a 
contingent statement of support of the motion.
    On January 31, 2022, the ALJ issued the subject ID (Order No. 36) 
granting complainant's motion. The ID finds that there are no 
extraordinary circumstances that would prevent the requested 
termination of this investigation. The ID also finds Evolved has 
complied with the requirements of Commission Rule 210.21(a). No party 
petitioned for review of the ID.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on February 
22, 2022.
    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: February 22, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-04097 Filed 2-25-22; 8:45 am]
BILLING CODE 7020-02-P