[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Page 18332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06371]



[[Page 18332]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1302]


Certain Cellular Base Station Communication Equipment, Components 
Thereof, and Products Containing Same; Notice of Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation Based on Settlement; 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. 27) of the presiding administrative 
law judge (``ALJ'') granting a joint motion to terminate the 
investigation in its entirety based on settlement. The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, 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 25, 2022, the Commission 
instituted this investigation based on a complaint, as amended, filed 
on behalf of Apple Inc. of Cupertino, California (``Apple''). 87 FR 
10819 (Feb. 25, 2022). The complaint alleged violations of section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain cellular 
base station communication equipment, components thereof, and products 
containing same that infringe claims 1-3, 11, and 12 of U.S. Patent No. 
9,882,282 (``the '282 patent''); claims 1-4, 6-10, 18, 19, and 21 of 
U.S. Patent No. 10,263,340 (``the '340 patent''); and claims 1-6, 13 
and 14 of U.S. Patent No. 9,667,290 (``the '290 patent''). Id. The 
complaint also alleges that a domestic industry exists. Id. The 
Commission's notice of investigation names as respondents Ericsson AB 
of Stockholm, Sweden, and Ericsson Inc. of Plano, Texas (together, 
``Ericsson''). Id. The Office of Unfair Import Investigations 
(``OUII'') is participating in this investigation on the issues of 
remedy, the public interest, and bonding. Commission Investigative 
Staff's Notice of Partial Participation (Mar. 7, 2022).
    On December 2, 2022, the Commission determined not to review an ID 
granting Apple's motion for summary determination that it has satisfied 
the economic prong of the domestic industry requirement with respect to 
the '282, '340, and '290 patents. Order No. 17 (Nov. 2, 2022); 
unreviewed by Comm'n Notice (Dec. 2, 2022).
    On February 6, 2023, Apple and Ericsson filed a joint motion to 
terminate the investigation based on a settlement agreement. On 
February 7, 2023, OUII filed a response in support of the motion.
    On February 22, 2023, the ALJ issued the subject ID pursuant to 
Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), granting the 
motion. The ID finds that terminating the investigation based on 
settlement has no adverse effect on the public interest. No party 
petitioned for review of the ID.
    The Commission has determined not to review the subject ID. The 
investigation is hereby terminated in its entirety.
    The Commission vote for this determination took place on March 22, 
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 23, 2023.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2023-06371 Filed 3-27-23; 8:45 am]
BILLING CODE 7020-02-P