[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17016-17017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05746]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1299]


Certain Mobile Telephones, Tablet Computers With Cellular 
Connectivity, and Smart Watches With Cellular Connectivity, Components 
Thereof, and Products Containing Same; Commission Determination Not To 
Review an Initial Determination Terminating the Investigation Based on 
Settlement and To Review and Take No Position on an Initial 
Determination Granting in Part a Motion for Summary Determination 
Concerning the Economic Prong of the Domestic Industry Requirement; 
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. 26) of the presiding administrative 
law judge (``ALJ'') terminating the investigation on the basis of 
settlement and to review and take no position on an ID (Order No. 22) 
granting in part a motion for summary determination concerning the 
economic prong of the domestic industry requirement. 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 24, 2022. 87 FR 10384 (Feb. 24, 2022). The complaint, as 
filed and supplemented by Ericsson Inc. of Plano, TX and 
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden (collectively, 
``Ericsson''), 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 mobile telephones, tablet computers with 
cellular connectivity, and smart watches with cellular connectivity, 
components thereof, and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 8,102,805 (``the '805 
patent''); U.S. Patent No. 9,532,355 (``the '355 patent''); U.S. Patent 
No. 11,139,872 (``the '872 patent''); and U.S. Patent No. 10,425,817 
(``the '817 patent''). Id. The complaint further alleges that a 
domestic industry exists. Id. The Commission's notice of investigation 
named Apple, Inc. of Cupertino, CA as the sole respondent. Id. at 
10385. The Office of Unfair Import Investigations is participating in 
the investigation. Id.
    On August 22, 2022, Ericsson moved unopposed for summary 
determination that it satisfied the economic prong of the domestic 
industry requirement of section 337 with respect to each of the four 
asserted patents based on showings pursuant to section 337(a)(3)(A) and 
(B).
    On November 15, 2022, the ALJ issued Order No. 22, which granted 
Ericsson's motion in part. Specifically, the ID granted summary 
determination

[[Page 17017]]

that Ericsson satisfied the economic prong of the domestic industry 
requirement for the '805, '355, and '872 patents based on showings 
under 337(a)(3)(A) and (B). For the '817 patent, the ID found that 
Ericsson satisfied the economic prong of the domestic industry 
requirement based on its showing under section 337(a)(3)(A) only. The 
ID found that a genuine issue of material fact precluded granting 
summary determination as to the '817 patent based on Ericsson's showing 
under section 337(a)(3)(B). No petitions for review of Order No. 22 
were filed. Thereafter, the Commission extended the time to determine 
whether to review Order No. 22 to March 16, 2023.
    On February 24, 2023, the ALJ issued Order No. 26, which granted 
the parties' joint motion to terminate this investigation in its 
entirety on the basis of settlement between the parties. The ID found 
that the motion complied with the applicable Commission rules. See 19 
CFR 210.21(b)(1). The ID also found that termination of the 
investigation based on settlement is not contrary to the public 
interest. No petitions for review of Order No. 26 were filed.
    The Commission has determined not to review Order No. 26 and to 
review and take no position on Order No. 22. This investigation is 
terminated in its entirety.
    The Commission vote for this determination took place on March 15, 
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 15, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05746 Filed 3-20-23; 8:45 am]
BILLING CODE 7020-02-P