[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48688-48689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17196]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1298]


Certain Networking Devices, Computers, and Components Thereof and 
Systems Containing the Same; Notice of a Commission Determination Not 
To Review an Initial Determination Terminating the Investigation for 
Good Cause; Denial of Motion To Strike as Moot; 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 (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 15) of the presiding chief 
administrative law judge (``CALJ''), terminating the investigation for 
good cause. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 February 18, 2022, based on a complaint filed by Proven Networks, 
LLC of Los Angeles, CA (``Proven''). 87

[[Page 48689]]

FR 9382 (Feb. 18, 2022). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain networking devices, computers, and components thereof and 
systems containing the same by reason of infringement of claims 1-37 of 
U.S. Patent No. 8,687,573. Id. The complaint further alleges that a 
domestic industry exists. Id. The Commission's notice of investigation 
named as respondent NetApp, Inc. of San Jose, CA (``NetApp''). Id. The 
Office of Unfair Import Investigations is not participating in the 
investigation. Id.
    On May 5, 2022, NetApp moved, ``[p]ursuant to Commission Rule 
210.21(a) [19 CFR 210.21(a)] . . . for termination of the instant 
investigation based on [Proven's] clear and unequivocal waiver of the 
sole basis on which Proven alleges it satisfies the domestic industry 
requirement.'' Certain Networking Devices, Computers, and Components 
Thereof and Sys. Containing the Same, Inv. No. 337-TA-1298, 
Respondent's Mot. to Terminate Based on Waiver of Domestic Indus., 1 
(May 5, 2022). Proven filed a response in opposition to the motion to 
terminate on May 16, 2022. The CALJ held oral argument on the motion on 
June 1, 2022. At the outset of the argument, the CALJ characterized the 
pending motion as one ``to terminate the investigation for good 
cause.'' Tr. at 4 (EDIS Doc. ID 772805).
    On July 5, 2022, the CALJ issued the subject ID granting NetApp's 
motion and terminating the investigation in its entirety. The ID relies 
on the ``good cause'' language of Commission Rule 210.21(a)(1) as the 
basis for granting the motion. ID at 4, 12. Substantively, the ID finds 
that ``Proven expressly waived its ability to rely on [third-party] 
Extreme's products and activities to demonstrate a domestic industry in 
this investigation,'' and that ``[w]ithout the ability to rely on 
Extreme's products and services, Proven cannot satisfy the domestic 
industry requirement of section 337 and no violation of section 337 can 
be found.'' ID at 12. The Commission has determined not to review the 
subject ID.
    The Commission has also determined to deny as moot a motion filed 
by NetApp to strike Proven's untimely petition for review. Proven filed 
an untimely petition for review of the ID, which NetApp moved to 
strike. Proven's request that its petition for review be received out 
of time was denied by the Chair. See EDIS Doc. ID 776332 (July 27, 
2022). As such, Proven's petition for review is not on the record and 
therefore NetApp's motion to strike the petition from the record is 
moot.
    The investigation is hereby terminated in its entirety.
    The Commission vote for this determination took place on August 4, 
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: August 5, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17196 Filed 8-9-22; 8:45 am]
BILLING CODE 7020-02-P