[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10379-10380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03349]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1278]


Certain Radio Frequency Transmission Devices and Components 
Thereof; Notice of Commission Decision To Review in Part and, on 
Review, To Affirm a Final Initial Determination Finding No Violation of 
Section 337; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part a final initial 
determination (``FID'') of the presiding Chief Administrative Law Judge 
(``Chief ALJ'') finding no violation of section 337 of the Tariff Act 
of 1930 (``section 337''), as amended, in this investigation. On 
review, the Commission affirms with modification the FID's finding of 
no violation of section 337. 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 September 2, 2021, the Commission 
instituted this investigation under section 337 based on a complaint 
filed by Zebra Technologies Corporation of Lincolnshire, Illinois 
(``Complainant''). See 86 FR 49344-45 (Sept. 2, 2021). 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 radio 
frequency transmission devices and components thereof by reason of 
infringement of claims 1, 3-8, 10, 11, and 13-16 of U.S. Patent No. 
6,895,219 (``the '219 patent'') and claims 17-19 of U.S. Patent No. 
7,683,788 (``the '788 patent'') (collectively, the ``Asserted 
Patents''). See id. The notice of investigation names OnAsset 
Intelligence, Inc. of Irving, Texas (``Respondent'') as the respondent 
in the investigation. See id. The Office of Unfair Import 
Investigations is not a party to the investigation. See id.
    On May 31, 2022, the Commission partially terminated the 
investigation as to claims 7, 8, and 16 of the '219 patent based on the 
withdrawal of the allegations in the complaint as to those claims. See 
Order No. 20 (May 2, 2022), unreviewed by Comm'n Notice (May 31, 2022).
    On September 16, 2022, the Chief ALJ issued the FID finding no 
violation of section 337. Specifically, the FID finds that Complainant 
failed to establish infringement of the Asserted Patents by the 
Respondent. The FID also finds that claims 17 and 18 (but not claim 19) 
of the '788 patent are invalid as anticipated by U.S. Patent No. 
7,193,504 (``Carrender I'') (RX-132). The FID further finds that the 
domestic industry requirement is satisfied with respect to the '788 
patent. The FID does not reach invalidity and the domestic industry 
requirement as to the '219 patent.
    The FID also includes a Recommended Determination (``RD'') 
recommending, should the Commission find a violation of section 337, 
that the Commission issue: (1) a limited exclusion order against radio 
frequency transmission devices and components thereof that are imported 
into the United States, sold for importation, or sold within the United 
States after importation by or on behalf of the Respondent; and (2) a 
cease and desist order against the Respondent. The RD further 
recommends that the Commission set no bond during the period of 
Presidential review.
    On September 30, 2022, Complainant filed a petition for Commission 
review of the FID. As to the '788 patent, Complainant requests 
Commission review with respect to the FID's findings concerning: (1) 
claim construction; (2) non-infringement; (3) invalidity of claims 17 
and 18; and (4) contingently, the domestic industry findings as to one 
of Complainant's domestic industry products. As to the '219 patent, 
Complainant does not challenge the

[[Page 10380]]

FID's findings but requests vacatur of such findings in view of the 
impending expiration of that patent on January 27, 2023.
    On October 11, 2022, Respondent filed a response to Complainant's 
petition. The parties did not file a statement on the public interest 
pursuant to Commission Rule 210.50 (19 CFR 210.50). Nor has the 
Commission received any submission in response to its post-RD Federal 
Register notice. See 87 FR 65249-50 (Oct. 28, 2022).
    Having examined the record of this investigation, including the FID 
and the parties' submissions, the Commission has determined to review 
the FID in part, and upon review, to affirm the FID's determination of 
no violation of section 337. Specifically, as explained in the 
Commission Opinion issued concurrently herewith, the Commission has 
determined to review and, on review, to vacate the FID's findings as to 
the '219 patent in view of the expiration of that patent during the 
pendency of the investigation. As to the '788 patent, the Commission 
has determined to review and, on review, to: (1) modify and supplement 
the FID's claim construction findings with respect to the term ``common 
reference frequency''; (2) affirm with modification the FID's non-
infringement findings; (3) affirm with modification the FID's findings 
on the technical prong of the domestic industry requirement; (4) take 
no position as to the economic prong of the domestic industry 
requirement; and (5) reverse the FID's invalidity findings over 
Carrender I. The Commission adopts all findings in the FID that are not 
inconsistent with the Commission's determination.
    The investigation is terminated.
    The Commission's vote for this determination took place on February 
13, 2023.
    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: February 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03349 Filed 2-16-23; 8:45 am]
BILLING CODE 7020-02-P