[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Page 14650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04817]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1138 (CAFC Remand Proceeding)]


Certain LTE- and 3G-Compliant Cellular Communications Devices; 
Notice of a Commission Determination To Dismiss as Moot a Portion of 
the Complaint; Termination of Remand Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that, on October 24, 2022, the U.S. 
Court of Appeals for the Federal Circuit (``Federal Circuit'') issued a 
mandate with instructions to dismiss as moot the portion of the 
complaint filed in the above-captioned investigation relating to U.S. 
Patent No. 6,760,590 (``the '590 patent''), which expired during the 
pendency of an appeal before the Court. The Commission hereby dismisses 
that portion of the complaint. The remand proceeding is hereby 
terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 19, 2018, based on a complaint filed by INVT SPE LLC 
(``INVT'') of San Francisco, California. 83 FR 53105 (Oct. 19, 2018). 
The complaint alleges violations of section 337 of the Tariff Act of 
1930, as amended (19 U.S.C. 1337) (``section 337''), in the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain LTE- and 3G-compliant 
cellular communications devices by reason of infringement of certain 
claims of five U.S. patents, including U.S. Patent Nos. 6,760,590; 
7,206,587 (``the '587 patent''); and 7,848,439 (``the '439 patent''). 
Id. The complaint further alleges that a domestic industry exists. Id. 
The notice of investigation named as respondents Apple Inc. of 
Cupertino, California; HTC Corporation of Taoyuan City, Taiwan; HTC 
America, Inc. of Seattle, Washington; ZTE Corporation of Guangdong, 
China; and ZTE (USA) Inc. of Richardson, Texas. Id. at 53106. The 
Office of Unfair Import Investigations was also named as a party. Id.
    On June 1, 2020, the Commission terminated the investigation with a 
finding of no violation of section 337 as to certain claims of the 
'590, '587, and '439 patents. 85 FR 34649-50 (June 5, 2020). INVT filed 
an appeal with the Federal Circuit with respect to certain issues in 
the Commission's final determination with respect to the '590 patent, 
including claim construction, infringement, and the technical prong of 
the domestic industry requirement.
    The '590 patent expired on March 5, 2022, during the pendency of 
the appeal before the Federal Circuit. On August 31, 2022, in a 
precedential opinion, the Federal Circuit held that INVT's appeal as to 
the '590 patent had become moot. INVT SPE LLC v. ITC, 46 F.4th 1361, 
1370 (Fed. Cir. 2022) (``The expiration of the '590 patent, therefore, 
has rendered this appeal moot with respect to that patent.''). The 
Court vacated the Commission's determination as to the '590 patent, and 
``remand[ed] with instructions to dismiss as moot the relevant portion 
of the complaint.'' Id.; see also id. at 1365, 1381. On October 24, 
2022, the Federal Circuit issued its mandate returning jurisdiction of 
the matter to the Commission.
    In accordance with the Court's remand instructions, the Commission 
has determined to dismiss as moot the portion of INVT's complaint 
relating to the '590 patent. In addition, we observe that the Federal 
Circuit's vacatur of the Commission's final determination and the 
dismissal of the complaint pursuant to the Court's remand order as to 
the '590 patent sets aside all ALJ findings and Commission findings 
related to that patent.
    The remand proceeding is hereby terminated.
    The Commission vote for this determination took place on March 3, 
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: March 6, 2023.

Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-04817 Filed 3-8-23; 8:45 am]
BILLING CODE 7020-02-P