[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Notices]
[Pages 57923-57924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20510]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1295 (Sanctions)]


Certain Integrated Circuit Products and Devices Containing the 
Same; Notice of a Commission Determination Not To Review an Order 
Denying Respondent Realtek Semiconductor Corporation's Motion for 
Sanctions; Termination of the Sanctions 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 not to review an order (Order No. 11) issued 
by the presiding administrative law judge (``ALJ'') denying Respondent 
Realtek Semiconductor Corp.'s (``Realtek'') motion for sanctions. This 
sanctions proceeding is hereby terminated.

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 (``Future Link'') 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, including Realtek of Taiwan. Id. The Office of Unfair 
Import Investigations (``OUII'') was also named as a party in this 
investigation. Id.
    On April 4, 2022, Realtek filed a motion for sanctions against 
Future Link and its counsel. The ALJ held a teleconference on April 6, 
2022, to discuss Realtek's motion for sanctions. The ALJ directed 
Future Link and OUII not to file a response to the motion. On April 12, 
2022, the ALJ issued Order No. 11, denying Realtek's motion for 
sanctions. On April 22, 2022, Realtek requested leave to apply for 
interlocutory review of Order No. 11. The ALJ denied Realtek's request 
on May 3, 2022. See Order No. 14 (May 3, 2022).
    On April 28, 2022, Future Link filed a motion to terminate the 
investigation as to Realtek based on withdrawal of the complaint. On 
May 6, 2022, Future Link filed a motion to terminate the investigation 
as to all remaining respondents based on settlement. On May 31, 2022, 
the ALJ issued an initial determination (``ID'') (Order No. 17), 
granting Future Link's motions to terminate. On June 9, 2022, the 
Commission determined not to review Order No. 17 and the investigation 
was terminated in its entirety. 87 FR 35995-996 (Jun. 14, 2022).
    Following termination of the investigation, on June 15, 2022, the 
Commission set a briefing schedule in connection with Order No. 11. See 
Comm'n Notice (June 15, 2022). Thereafter, on June 23, 2022, Realtek 
filed a petition for review of Order No. 11. On June 27, 2022, Realtek 
filed a motion for leave to file a corrected petition. Future Link and 
OUII filed responses to the petition on June 30, 2022.
    Having considered Order No. 11, the parties' submissions, and the 
evidence of record, the Commission has determined not to review Order 
No. 11. The Commission has also determined to deny Realtek's motion for 
leave to file a corrected petition because Realtek failed to provide 
good cause for its allegedly mistaken omission of a footnote. The 
sanctions proceeding is hereby terminated.
    The Commission vote for this determination took place on September 
16, 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.


[[Page 57924]]


    By order of the Commission.

    Issued: September 16, 2022.
Katherine Hiner, Acting Secretary to the Commission.
[FR Doc. 2022-20510 Filed 9-21-22; 8:45 am]
BILLING CODE 7020-02-P