[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31580-31581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11078]


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INTERNATIONAL TRADE COMMISSION

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


Certain High-Density Fiber Optic Equipment and Components 
Thereof; Institution of an Advisory Opinion 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 an advisory opinion proceeding 
as requested by Panduit Corporation (``Panduit''). The Commission has 
also determined to refer this matter to the Chief Administrative Law 
Judge (``CALJ'') for assignment to an administrative law judge 
(``ALJ'') for appropriate proceedings and an initial advisory opinion 
(``IAO''). The IAO is to be issued at the earliest practicable time, 
preferably within 120 days from the date of institution, but no later 
than 7 months after institution.

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 underlying 
investigation on March 24, 2020, based on a complaint filed on behalf 
of Corning Optical Communications LLC (``Corning'') of Charlotte, North 
Carolina. 85 FR 16653-54 (Mar. 24, 2020). The complaint, as 
supplemented, alleged violations 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 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''), 10,444,456 
(the `` '456 patent''), 10,120,153 (the `` '153 patent''), 8,712,206 
(the `` '206 patent''), and 10,094,996 (``the '996 patent''). Id. The 
'996 patent was subsequently terminated from the investigation. See 
Order No. 11 (July 29, 2020), unreviewed by Comm'n Notice (Aug. 13, 
2020). The Commission's notice of investigation named thirteen 
respondents including, among others, Panduit of Tinley, Illinois; 
FS.com Inc. (``FS'') of New Castle, Delaware; Leviton Manufacturing 
Co., Inc. (``Leviton'') of Melville, New York; Panduit of Tinley, 
Illinois; and The LAN Wirewerks Research Laboratories Inc. d/b/a 
Wirewerks of Quebec, Canada; and The Siemon Company (``Siemon'') of 
Watertown, Connecticut (collectively, ``Respondents''). See Comm'n Op. 
at 3-5 (Aug. 23, 2021). The remaining respondents were either found in 
default pursuant to Commission Rule 210.16, or terminated from the 
investigation based on withdrawal of the allegations in the complaint 
or a settlement agreement. Id. The notice of investigation also named 
the Office of Unfair Import Investigations (``OUII'') as a party. Id. 
at 4.
    On March 23, 2021, the ALJ issued a final initial determination 
(``ID'') finding a violation of 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; claims 9, 16, 23, and 26 of the '153 patent; and 
claims 22 and 23 of the '206 patent (collectively, ``Asserted 
Patents'').
    On May 24, 2021, the Commission determined to review the final ID 
in part. 86 FR 28890-93 (May 28, 2021). On August 3, 2021, the 
Commission determined that Corning established a violation of 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; claims 9, 16, 23, and 26 
of the '153 patent; and claims 22 and 23 of the '206 patent. 86 FR 
43564-66 (Aug. 9, 2021). Among other findings, the Commission affirmed 
with modifications the ID's finding that Panduit induced infringement 
of the asserted claims of the '320, '456, and '153 patents but not the 
'206 patent. As a remedy, the Commission determined to issue a general 
exclusion order (``GEO'') and cease and desist orders (``CDOs''), 
including one directed to Panduit.
    On November 24, 2021, Corning filed a complaint requesting that the 
Commission institute an enforcement proceeding under Commission Rule 
210.75 to investigate alleged violations of the GEO and CDO by Panduit. 
On December 28, 2021, the Commission determined to institute an 
enforcement proceeding to determine whether violations of the GEO and 
CDO have occurred and to determine what, if any, enforcement measures 
are appropriate. Panduit and OUII were named as parties. The Commission 
referred the enforcement proceeding to the Chief ALJ for designation of 
a presiding ALJ to conduct any necessary proceedings, issue an 
Enforcement Initial Determination, and make a recommendation on 
appropriate enforcement measures, if any.
    On November 29, 2021, Panduit, Siemon, and FS filed a notice of 
appeal with the U.S. Court of Appeals for the Federal Circuit seeking 
review of the Commission's determination. The appeal (Docket No. 2022-
1228) was docketed on December 7, 2021.
    On April 18, 2022, Panduit filed the subject request for an 
advisory opinion that three new fiber optic equipment designs that it 
developed do not infringe any asserted claims of the Asserted Patents 
and are therefore not covered by the GEO and CDO issued in this 
investigation. Panduit's new designs include: (1) A patch panel design 
with a density of 192 fiber optic connections in a 1U space; (2) a 
patch panel design with a density of 144 fiber optic connections in a 
1U space; and (3) a new enclosure design with a density of 192 fiber 
optic connections in a 1U space (collectively, ``New Designs''). On 
April 28, 2022, Corning and OUII filed responses to Panduit's request.
    Having reviewed Panduit's request and the supporting documents, the

[[Page 31581]]

Commission has determined to institute an advisory opinion proceeding 
to ascertain whether Panduit's New Designs infringe claims 1 and 3 of 
the '320 patent; claims 11, 12, 14-16, 19, 21, 27, and 28 of the '456 
patent; claims 9, 16, 23, and 26 of the '153 patent; and claims 22 and 
23 of the '206 patent, and are covered by the remedial orders issued in 
this investigation. The Commission has further determined to refer the 
matter to the CALJ for assignment to an ALJ for appropriate proceedings 
and the issuance of an IAO at the earliest practicable time, preferably 
within 120 days of institution but no later than 7 months after 
institution. The ALJ shall set a target date at two months following 
the date of issuance of the IAO. The target date may be extended for 
good cause shown. The following entities are named as parties to the 
proceeding: (1) Panduit; (2) Corning; and (3) OUII.
    The Commission vote for this determination took place on May 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: May 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11078 Filed 5-23-22; 8:45 am]
BILLING CODE 7020-02-P