[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29178-29179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10151]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1213 (Rescission)]


Certain Light-Emitting Diode Products, Fixtures, and Components 
Thereof; Notice of a Commission Determination To Institute a Rescission 
Proceeding and Grant a Joint Petition To Rescind Remedial Orders; 
Termination of Rescission 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 (``the Commission'') has determined to institute a 
rescission proceeding and grant a joint petition to rescind remedial 
orders issued in the underlying investigation. The rescission 
proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. 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: The Commission instituted this investigation 
on August 17, 2020, based on a complaint filed on behalf of Ideal 
Industries Lighting LLC d/b/a Cree Lighting (``Cree'') of Durham, North 
Carolina. 85 FR 50047-48 (Aug. 17, 2020). The complaint, as 
supplemented, alleged violations of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 (``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 light-emitting diode products, 
fixtures, and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 8,403,531 (``the '531 patent''); 8,596,819 
(``the '819 patent''); 8,777,449 (``the '449 patent''); 9,261,270 
(``the '270 patent''); and 9,476,570 (``the '570 patent''). The 
complaint further alleged the existence of a domestic industry. The 
Commission's notice of investigation named RAB Lighting Inc. (``RAB'') 
of Northvale, New Jersey as the sole respondent. The Office of Unfair 
Import Investigations did not participate in the investigation.
    On August 17, 2021, the presiding administrative law judge issued a 
final initial determination (``ID'') finding a violation of section 337 
based on infringement of the asserted claims of the '270 and '570 
patents, and finding no violation with respect to the '531, '819, and 
'449 patents.
    On October 25, 2021, the Commission determined not to review the 
ID's finding of a violation with respect to the '270 and '570 patents 
and the ID's finding of no violation with respect to the '449 patent. 
86 FR 60071-72 (Oct. 29, 2021).
    On December 16, 2021, the Commission, on review, issued a final 
determination affirming the ID's finding of no violation as to the '531 
and '819 patents. 86 FR 72623-24 (Dec. 22, 2021). As a remedy for the 
finding of a violation with respect to the '270 and '570 patents, the 
Commission issued a limited exclusion order (``LEO'') directed against 
RAB's infringing products and a cease and desist order (``CDO'') 
directed against RAB. Id.
    Cree and RAB each timely appealed the Commission's final 
determination to the U.S. Court of Appeals for the Federal Circuit. The 
separate appeals were subsequently consolidated. On March 28, 2022, the 
Cree and RAB jointly moved to voluntarily dismiss their appeal and 
cross-appeal. See Ideal Industries Lighting LLC v. ITC, Appeal Nos. 
2022-1484, -1501, Joint Stipulation for Voluntary Dismissal (Mar. 28, 
2022). The Federal Circuit granted the motion and dismissed the appeals 
the following day. See Ideal Industries Lighting LLC v. ITC, Appeal 
Nos. 22-1484, -1501, Order (Fed. Cir. Mar. 29, 2022).
    On April 8, 2022, Cree and RAB jointly petitioned to rescind the 
previously-issued LEO and CDO based on settlement pursuant to 19 U.S.C. 
1337(k) and Commission Rule 210.76(a) (19 CFR 210.76(a)). The parties 
filed both confidential and public versions of the settlement 
agreements.
    Upon consideration of the parties' joint petition, the Commission 
has determined to institute a recission proceeding, grant the parties' 
joint

[[Page 29179]]

petition, and rescind the remedial orders in this investigation. This 
rescission proceeding is terminated.
    The Commission vote for this determination took place on May 6, 
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: May 6, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-10151 Filed 5-11-22; 8:45 am]
BILLING CODE 7020-02-P