[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 35995-35996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12794]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1295]


Certain Integrated Circuit Products and Devices Containing the 
Same; Commission Determination Not To Review an Initial Determination 
Granting Complainant's Motions To Terminate the Investigation Based on 
Withdrawal and Settlement; Termination of the Investigation In Its 
Entirety

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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 17), 
granting complainant's motions to terminate the investigation based on 
withdrawal and settlement. The investigation is terminated in its 
entirety.

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 this investigation 
on January 31, 2022, based on a complaint, as supplemented, filed on 
behalf of Future Link Systems, LLC of Santa Clara, California. 87 FR 
4915 (Jan. 31, 2022). The complaint, as supplemented, alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain integrated circuit products and devices 
containing the same that infringe one of more of claims 1-6 of U.S. 
Patent No. 7,685,439 and claims 1-9 of U.S. Patent No. 8,099,614. Id. 
at 4916. The complaint also alleged the existence of a domestic 
industry. Id. The Commission's notice of investigation named seventeen 
respondents: Advanced Micro Devices, Inc. of Santa Clara, CA; Apple, 
Inc. of Cupertino, CA; Broadcom Inc. of San Jose, CA; Broadcom Corp. of 
San Jose, CA; Qualcomm Inc. of San Diego, CA; Qualcomm Technologies 
Inc. of San Diego, CA; Amlogic Holdings Ltd. of Cayman Islands; Amlogic 
(CA) Co., Inc. of Santa Clara, CA; Realtek Semiconductor Corp. of 
Taiwan (``Realtek''); Dell Technologies Inc. of Round Rock, TX; HP INC. 
of Palo Alto, CA; Acer Inc. of Taiwan; Acer America Corp. of San Jose, 
CA; Lenovo Group Ltd. of Hong Kong, China; Lenovo (United States) Inc. 
of Morrisville, NC; Motorola Mobility LLC of Chicago, IL; and Google 
LLC of Mountain View, CA. Id. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party in this 
investigation. Id.
    On April 28, 2022, Complainant filed a motion to terminate the 
investigation as to Respondent Realtek based on withdrawal of the 
complaint. ID at 1. Thereafter, on May 6, 2022, Complainant filed a 
motion to terminate the investigation as to all remaining Respondents 
other than Realtek based on a single patent license agreement and 
multiple release agreements. Id. at 1-2. Realtek opposed the motions to 
the extent they would prevent the ALJ from ruling on any pending 
issues. Id. at 1, 2. OUII filed statements in support of the motions. 
Id. All other Respondents either did not oppose or did not take a 
position on the motions. Id.
    On May 31, 2022, the ALJ issued the subject ID (Order No. 17), 
granting Complainant's motions to terminate the investigation. The ID 
found that the motion to terminate Respondent Realtek complies with 
Commission Rule 210.21(a), 19 CFR 210.21(a), and there are no 
extraordinary circumstances preventing the withdrawal. Id. at 3-4.
    As for the motion to terminate all other Respondents, the ID noted 
that not

[[Page 35996]]

all Respondents other than Realtek are named in the patent license 
agreement and/or release agreements. Id. at 4 n.2. For those not named, 
the ID stated that ``termination by settlement under Commission Rule 
210.21(b) would not be appropriate, as opposed to general withdrawal 
under Commission Rule 210.21(a).'' Id. The ID found that 
``[r]egardless, the motion complies with all Commission Rules.'' Id. 
The ID also found that ``there are no extraordinary circumstances that 
warrant denying the motion'' and ``there is no evidence indicating that 
terminating this investigation based on various agreements would be 
contrary to the public interest.'' Id. at 4, 5. The ID also noted that 
the motion attached confidential and public versions of the agreements. 
Id. at 4. No petition for review of the ID was filed.
    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 June 9, 
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: June 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12794 Filed 6-13-22; 8:45 am]
BILLING CODE 7020-02-P