[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Page 43056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15380]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1312]


Certain Mobile Electronic Devices; Notice of Commission Decision 
Not To Review an Initial Determination Granting in Part a Motion To 
Amend the Complaint and Notice of 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. 5) of the presiding administrative law judge 
(``ALJ'') granting in part a motion to amend the complaint and notice 
of investigation.

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. 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 May 4, 2022, 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 Maxell, Ltd. of Kyoto, Japan (``Complainant''). See 87 FR 26373-74 
(May 4, 2022). The complaint, as 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 mobile electronic devices by reason of 
infringement of certain claims of U.S. Patent Nos. 7,199,821; 
7,324,487; 8,170,394; 8,982,086; 10,129,590; and 10,244,284. The notice 
of investigation names Lenovo Group Ltd. of Beijing, China; Lenovo 
(United States) Inc. (``Lenovo US'') of Morrisville, North Carolina; 
and Motorola Mobility LLC of Libertyville, Illinois (collectively, 
``Respondents''), as respondents in the investigation. See id. The 
Office of Unfair Import Investigations is also a party to the 
investigation. See id.
    On May 6, 2022, Complainant filed a motion to amend the complaint 
and notice of investigation to: (1) remove domestic industry 
allegations based on the domestic activities of its licensee Apple Inc. 
(``Apple''); (2) add domestic industry allegations based on the 
domestic activities of respondent Lenovo US; and (3) amend the plain 
language description of accused products to include Lenovo-branded 
smartphones. On May 18, 2022, Respondents filed a response opposing in 
part Complainant's motion to amend. Specifically, while Respondents do 
not oppose the withdrawal of domestic industry allegations based on 
Apple's domestic activities, they oppose Complainant's motion to amend 
in all other respects. On May 23, 2022, Complainant filed a reply in 
support of its motion to amend.
    On June 14, 2022, the ALJ issued the subject ID (Order No. 5) 
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting in 
part Complainant's motion to amend the complaint and notice of 
investigation. See ID at 2. Specifically, the ID grants Complainant's 
request to amend the complaint and notice of investigation to include 
Lenovo-branded smartphones in the plain-language description of the 
accused products. See id. at 11.
    Order No. 5 also grants the motion with respect to Complainant's 
request to withdraw the assertions in the complaint regarding 
Complainant's reliance on Apple's domestic activities to satisfy the 
domestic industry requirement. See id. at 9. Order No. 5 also denies 
Complainant's request to amend the complaint to rely upon Lenovo US's 
domestic activities. See id. at 8-9. These aspects of Order No. 5 do 
not constitute an initial determination that is subject to review at 
this time and are therefore not currently before the Commission. 19 CFR 
210.14(b); 19 CFR 210.42(c)(1).
    No petition for review of the subject ID was filed.
    The Commission has determined not to review the subject ID. In 
particular, the plain language description of the accused products in 
the complaint and notice of investigation is amended to recite 
``certain mobile electronic devices, i.e., Lenovo-branded and Motorola-
branded smartphones.''
    The Commission's vote for this determination took place on July 14, 
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: July 14, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-15380 Filed 7-18-22; 8:45 am]
BILLING CODE 7020-02-P