[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58135-58136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20575]


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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 Terminating the Investigation in 
its Entirety Based on Withdrawal of the Complaint

AGENCY: 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. 10) of the presiding administrative law judge 
(``ALJ'') terminating the investigation in its entirety based on 
withdrawal of the complaint. The investigation is terminated.

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 (``Maxell'' or ``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 July 14, 2022, the Commission determined not to review an ID 
(Order No. 5) granting in part Complainant's motion to amend the 
complaint and notice of investigation. See Order No. 5 (June 14, 2022), 
unreviewed by Commission Notice (July 14, 2022). Specifically, Order 
No. 5 grants the motion with respect to Complainant's request to 
withdraw the assertions in the complaint regarding Complainant's 
reliance on its licensee Apple Inc.'s domestic activities to satisfy 
the domestic industry requirement. Order No. 5 also grants 
Complainant's request

[[Page 58136]]

to amend the complaint and notice of investigation to include Lenovo-
branded products in the plain-language description of the accused 
products. Order No. 5, however, denies Complainant's request to amend 
the complaint to permit Complainant to rely upon Lenovo US's domestic 
activities to establish the domestic industry requirement.
    On July 18, 2022, Complainant filed a motion to terminate this 
investigation in its entirety based on withdrawal of the complaint, 
contingent upon the Commission instituting an investigation based on 
its own separate complaint filed in Certain Mobile Electronic Devices, 
Dkt. No. 337-3625. On July 25, 2022, Respondents filed a response 
partially opposing the motion with respect to Complainant's asserted 
contingency. On July 27, 2022, Complainant filed a reply in support of 
its motion.
    On August 16, 2022, the Commission issued a notice of institution 
of Investigation No. 337-TA-1324 based on the complaint filed in 
Certain Mobile Electronic Devices, Dkt. No. 337-3625. See 87 FR 51445-
46 (Aug. 22, 2022). In view of the issuance of the Commission's notice, 
on August 17, 2022, Respondents filed a notice withdrawing their 
partial opposition with respect to Complainant's asserted contingency.
    On August 19, 2022, the ALJ issued the subject ID (Order No. 10) 
granting Complainant's motion to terminate this investigation based on 
complaint withdrawal. The ID finds that the motion complies with the 
Commission Rules. See ID at 2-3. In accordance with Commission Rule 
210.21(a), 19 CFR 210.21(a), Complainant represents that ``there are no 
agreements, written or oral, express or implied, between Maxell and the 
Respondents concerning the subject matter of this investigation.'' See 
id. at 3. In addition, the ID finds ``no extraordinary circumstances 
that would justify denying termination of this investigation based on 
withdrawal of the Complaint.'' See id. After the issuance of Order No. 
10, Investigation No. 337-TA-1324 was instituted upon publication of 
the notice of investigation in the Federal Register on August 22, 2022. 
See 87 FR 51445-46 (Aug. 22, 2022).
    No petition for review of the subject ID was filed.
    The Commission has determined not to review the subject ID. The 
investigation is terminated.
    The Commission's vote for this determination took place on 
September 19, 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: September 19, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-20575 Filed 9-22-22; 8:45 am]
BILLING CODE 7020-02-P