[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Pages 16764-16765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06208]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1243]


Certain Active Matrix OLED Display Devices and Components 
Thereof; Notice of Commission Decision Not To Review an Initial 
Determination Terminating the Investigation in Its Entirety Based on 
Settlement; 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. 32) of the presiding administrative law judge 
(``ALJ'') terminating the investigation in its entirety based on 
settlement. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.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 February 2, 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 Solas OLED Ltd. of Dublin, Ireland (``Solas'' or 
``Complainant''). See 86 FR 7878-79 (Feb. 2, 2021). The complaint, as 
amended and supplemented, alleges a violation of section 337 based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain active 
matrix OLED display devices and components thereof by reason of 
infringement of claims 13-17 of U.S. Patent No. 7,573,068 (``the '068 
patent'') and claims 2-40 of U.S. Patent No. 7,868,880 (``the '880 
patent''). See id. The notice of investigation names the following 
respondents: BOE Technology Group Co., Ltd. and Beijing BOE Display 
Technology Co., Ltd. of Beijing, China, and BOE Technology America, 
Inc. of Santa Clara, California (collectively ``BOE''); and Samsung 
Electronics Co., Ltd. of Suwon-si, South Korea; Samsung Electronics 
America, Inc. of Ridgefield Park, New Jersey; and Samsung Display Co., 
Ltd. of Yongin-si, South Korea (collectively ``Samsung''). See id. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation. See id.
    On October 28, 2021, the Commission partially terminated the 
investigation as to the BOE respondents. See Order No. 23 (Oct. 4, 
2021), unreviewed by Comm'n Notice (Oct. 28, 2021).
    On October 29, 2021, the Commission terminated the investigation as 
to claims 14-16 of the '068 patent and claims 12, 13, 15-19, 22-24, 34, 
35, and 38-40 of the '880 patent based on the withdrawal of the 
allegations in the complaint as to those claims. See Order No. 24 (Oct. 
5, 2021), unreviewed by Comm'n Notice (Oct. 29, 2021).
    On December 14, 2021, the Commission terminated the investigation 
as to claims 3-5, 7-9, 11, 20, 21, 25-29, 31-33, 36, and 37 of the '880 
patent based on the withdrawal of the allegations in the complaint as 
to those claims. See Order No. 28 (Nov. 16, 2021), unreviewed by Comm'n 
Notice (Dec. 14, 2021).
    On March 1, 2022, Complainant and the remaining respondents, 
Samsung, filed a joint motion to terminate the investigation in its 
entirety based on settlement. On March 3, 2022, OUII filed a response 
in support of the joint motion.
    On March 4, 2022, the ALJ issued the subject ID (Order No. 32) 
granting the joint motion. The ID finds that ``[t]he pending motion for 
termination complies with the Commission Rules.'' See ID at 2. 
Specifically, the motion includes confidential and public copies of the 
settlement agreement (``the Agreement'') in accordance with Commission 
Rule 210.21(b)(1), 19 CFR 210.21(b)(1). See id. In addition, as noted 
in the ID, the motion states that ``[o]ther than the Agreement, there 
are no other agreements, written or oral, express or implied, between 
Solas and Samsung concerning the subject matter

[[Page 16765]]

of this Investigation.'' See id. at 3. Furthermore, in accordance with 
Commission Rule 210.50(b)(2), 19 CFR 210.50(b)(2), the ID finds ``no 
evidence indicating that terminating this investigation based on the 
Agreement would be contrary to the public interest.'' See id.
    No petition for review of the subject ID was filed. The Commission 
has determined not to review the subject ID. The investigation is 
terminated.
    The Commission's vote for this determination took place on March 
18, 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: March 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06208 Filed 3-23-22; 8:45 am]
BILLING CODE 7020-02-P