[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25433-25434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08733]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1351]


Certain Active Matrix Organic Light-Emitting Diode Display Panels 
and Modules for Mobile Devices, and Components Thereof; Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting Complainant Samsung Display Co., Ltd.'s Motion for Leave To 
Amend the Complaint and Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8) 
granting a motion of complainant Samsung Display Co., Ltd. (``Samsung 
Display'') for leave to amend the complaint and notice of 
investigation.

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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: On February 3, 2023, the Commission 
instituted this investigation based on a complaint filed by Samsung 
Display of the Republic of Korea. 88 FR 7463-64 (Feb. 3, 2023). The 
complaint alleges 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,

[[Page 25434]]

or sale within the United States after importation of certain active 
matrix organic light-emitting diode display panels and modules for 
mobile devices, and components thereof by reason of the infringement of 
certain claims of U.S. Patent Nos. 9,818,803; 10,854,683; 7,414,599; 
and 9,330,593. Id. The Commission's notice of investigation named the 
following respondents: Apt-Ability LLC d/b/a MobileSentrix of 
Chantilly, VA (``Apt-Ability''); Mobile Defenders, LLC of Caledonia, MI 
(``Mobile Defenders''); DFW Imports LLC d/b/a DFW Cellphone and Parts 
of Dallas, TX (``DFW Imports''); Electronics Universe, Inc. d/b/a 
Fixez.com of Las Vegas, NV and Electronics Universe, Inc. d/b/a Repairs 
Universe, Inc. of Las Vegas, NV (``Electronics Universe''); eTech Parts 
Plus LLC of Southlake, TX (``eTech Parts Plus''); Gadgetfix Corp. of 
Irvine, CA (``Gadgetfix''); Injured Gadgets, LLC of Norcross, GA 
(``Injured Gadgets''); LCTech International Inc. d/b/a SEGMobile.com of 
City of Industry, CA (``LCTech International''); Parts4Cells Inc. of 
Houston, TX (``Parts4Cells''); Phone LCD Parts LLC of Wayne, NJ; 
Parts4LCD of Wayne, NJ; Wholesale Gadget Parts, Inc. of Bixby, OK 
(``Wholesale Gadget Parts''); Group Vertical, LLC of Grand Rapids, MI; 
Sourcely Plus, LLC of Tempe, AZ; Captain Mobile Parts, Inc. of Dallas, 
TX; and Mengtor Inc. of El Monte, CA. Id. The Office of Unfair Import 
Investigations (``OUII'' or ``Staff'') was also named as a party in 
this investigation. Id.
    On March 15, 2023, the presiding ALJ granted Mianyang BOE 
Optoelectronics Technology Co., Ltd.'s (``Mianyang BOE'') unopposed 
motion to intervene as a respondent in this investigation and accorded 
Mianyang BOE respondent status. (Order No. 7) (Mar. 15, 2023) 
unreviewed by, Comm'n Notice (Mar. 22, 2023).
    On March 10, 2023, Samsung Display moved for leave to amend the 
complaint and notice of investigation to add allegations of 
infringement related to claims 1-6, 10, 12, 17, 19, 21-23, 40-47, and 
51-52 of U.S. Patent No. 11,594,578 (``the '578 patent''). ID at 1. In 
its motion, Samsung argued that the '578 patent recently issued and 
``is a continuation of two other patents (U.S. Patent Nos. 9,818,803 
(`the '803 patent') and 10,854,683 (`the '683 patent')) asserted in 
this investigation.'' Id. at 2. Samsung further claimed that it worked 
``diligently to prepare the instant motion'' and that respondents 
``will not be prejudiced as the investigation is `in its early stages' 
and `no new technologies or products will be implicated by addition of 
the '578 Patent.' '' Id. at 2.
    On March 22, 2023, respondents Apt-Ability, Mobile Defenders, DFW 
Imports, Electronics Universe, eTech Parts Plus, Gadgetfix, Injured 
Gadgets, LCTech International, Parts4Cells, Phone LCD Parts LLC d/b/a 
Parts4LCD (together, ``Phone LCD Parts''), and Wholesale Gadget Parts 
(collectively, the ``Participating Respondents'') filed a response 
opposing the motion. Id. at 1. They argued that ``the '578 patent was 
allowed on December 23, 2022, almost three months ago, and before 
Samsung Display filed its complaint.'' Id. at 2. They also claimed that 
`` `forcing [them] to defend against twenty-five additional claims 
would be burdensome and prejudicial.' '' Id. at 3 (brackets in ID). 
They asked that if the motion is granted, the procedural schedule 
should be extended ``to mitigate any prejudice.'' Id.
    Also on March 22, 2023, Staff filed a response in support of 
Samsung Display's motion. See id. at 2-3. The Staff argued that adding 
the '578 patent is in the public interest `` `because doing so would 
allow for the efficient adjudication of all three patents.' '' However, 
the Staff requested that ``the parties be permitted to submit a joint 
proposal regarding a revised procedural schedule'' to avoid any 
prejudice to respondents. See id. at 3.
    ``Respondent [Mianyang BOE] filed a notice of joinder as to the 
Participating Respondents' opposition on March 23, 2023.'' Id. at 1-2.
    On March 28, 2023, the ALJ issued the subject ID (Order No. 8), 
granting Samsung Display's motion. The ID finds that Samsung Display 
had established good cause for the proposed amendment pursuant to 
Commission Rule 210.14(b) (19 CFR 210.14(b)). As the ID explains, 
``[w]hile the '578 patent was allowed in December, it formally issued 
on February 28, 2023. . . . Samsung Display could therefore not have 
asserted the '578 patent at the time it filed its complaint or prior to 
institution of this investigation.'' Id. at 4. The ID also states that 
``the '578 patent is a continuation of the '683 patent, which itself is 
a continuation of the '803 patent.'' Id. The ID notes that all three 
patents are `` `in the same family, name the same inventor, and share 
the same written description,' and `[t]he products accused of 
infringing the '578 Patent are the same as those accused of infringing 
the '803 and '683 Patents.' '' Id. (brackets in ID). However, the ID 
determines that ``to avoid prejudicing the Participating Respondents 
(and Staff), an extension of the procedural schedule is warranted.'' 
Id. at 5.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review the subject ID. 
Pursuant to Commission Rule 210.14, the Notice of Investigation is 
amended to include claims 1-6, 10, 12, 17, 19, 21-23, 40-47, and 51-52 
of the '578 patent.
    The Commission vote for this determination took place on April 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: April 20, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-08733 Filed 4-25-23; 8:45 am]
BILLING CODE 7020-02-P