[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17616-17617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06013]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1301]


Certain Mobile Phones and Tablet Computers, All With Switchable 
Connectivity; Notice of a Commission Determination Not To Review an 
Initial Determination Granting a Joint Motion To Terminate the 
Investigation Based on a Settlement Agreement; 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 has determined not to review an initial determination 
(``ID'') (Order No. 38) of the presiding Administrative Law Judge 
(``ALJ'') granting a joint motion to terminate the investigation based 
on a settlement agreement. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., 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: On February 24, 2022, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, based on a complaint filed by 
Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of 
Stockholm, Sweden (collectively, ``Ericsson'' or ``Complainants''). 87 
FR 10386-87 (Feb. 24, 2022). The complaint, as supplemented, alleged a 
violation of section 337 in the importation into the United States, the 
sale for importation, or the sale within the United States after 
importation of certain mobile phones and tablet computers, all with 
switchable connectivity, and products containing same by reason of 
infringement of certain claims of U.S. Patent Nos. 8,792,454 (``the 
'454 patent''); 10,880,794 (``the '794 patent''); and 8,472,999 (``the 
'999 patent''). Id. at 10386. The complaint also alleged the existence 
of a domestic industry.
    The notice of investigation named as a respondent Apple Inc. of 
Cupertino, California (``Apple''). Id. The Commission's Office of 
Unfair Import Investigations (``OUII'') is also named as a party in 
this investigation. Id. at 10386-87.
    Subsequently, the Commission terminated all asserted claims of the 
'794 patent and claims 11-17 of the '999 patent from this investigation 
by reason of withdrawal of the complaint allegations under 19 CFR 
210.21(a). See Order No. 23 (Aug. 3, 2022), unreviewed by Notice (Sept. 
1, 2022). On July 13, 2022, Ericsson filed a renewed motion 
(``Motion'') with an accompanying memorandum (``Memo'') seeking a 
summary determination that it satisfies the economic prong. The motion 
was granted. Order No. 15 (Jun. 28, 2022). The Commission determined to 
review Order No. 15 in part. Specifically, the Commission determined to 
review the Order No. 15's finding that Ericsson met the economic prong 
of the domestic industry requirement as to the '794 patent under 19 
U.S.C. 1337(a)(3) subparagraphs (A) and (B). Comm'n Notice (Sept. 9, 
2022). Because the '794 patent was withdrawn from the investigation, 
the Commission determined to vacate as moot Order No. 15's finding that 
Ericsson met the

[[Page 17617]]

economic prong of the domestic industry requirement as to the '794 
patent under 19 U.S.C. 1337(a)(3) subparagraphs (A) and (B). The 
Commission determined not to review Order No. 15's finding that 
Ericsson met the economic prong of the domestic industry requirement as 
to the '454 and '999 patents under 19 U.S.C. 1337(a)(3) subparagraph 
(A). Id.
    On February 6, 2023, complainants Ericsson and respondent Apple 
moved pursuant to 19 CFR 210.21(b) to terminate the investigation based 
on a settlement agreement. On February 7, 2023, OUII filed a statement 
in support.
    On February 16, 2023, the ALJ issued the subject ID (Order No. 38) 
granting the motion. The ID found that the subject motion complies with 
the Commission rules and that there are no extraordinary circumstances 
that warrant denying the motion. ID at 2. The ID also found that there 
is no evidence indicating that terminating this investigation based on 
the settlement agreement would be contrary to the public interest. Id.
    No party petitioned for review of the ID.
    The Commission has determined not to review the subject ID. 
Accordingly, the investigation is terminated in its entirety.
    The Commission vote for this determination took place on March 20, 
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 20, 2023.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2023-06013 Filed 3-22-23; 8:45 am]
BILLING CODE 7020-02-P