[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Page 38895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12739]



[[Page 38895]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1327]


Certain Solar Power Optimizers, Inverters, and Components 
Thereof; Notice of a Commission Determination Not To Review an Initial 
Determination Granting a Joint Motion To Terminate the Investigation in 
Its Entirety; Termination of 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. 16) of the presiding chief 
administrative law judge (``CALJ'') granting a joint motion to 
terminate the investigation in its entirety based upon settlement.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. 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 September 2, 2022, the Commission 
instituted this investigation based on a complaint filed by Ampt, LLC 
of Fort Collins, Colorado (``Ampt''). 87 FR 54262-63 (Sept. 2, 2022). 
The complaint alleged violations of section 337 based on the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain solar power 
optimizers, inverters, and components thereof by reason of infringement 
of one or more of claims 1-3, 9, 10, and 12 of U.S. Patent No. 
11,289,917 (``the '917 patent'') and claims 1, 3-5, 7-10, and 17 of 
U.S. Patent No. 9,673,630 (``the '630 patent''). The Commission's 
notice of investigation named SolarEdge Technologies, Inc. of Milpitas, 
California and SolarEdge Technologies, Ltd. of Herzliya, Israel 
(together, ``SolarEdge'') as the respondents. Id. The Office of Unfair 
Import Investigations was not named as a party in the investigation. 
Id.
    On February 9, 2023, the CALJ issued an ID granting a motion to 
terminate the investigation as to (1) claims 1-3, 9, and 10 of the '917 
patent and (2) claims 1, 3, 5, and 7-9 of the '630 patent based upon 
withdrawal of the allegations in the complaint as to these claims. 
Order No. 10 (June 9, 2023), unreviewed by Comm'n Notice (Mar. 13, 
2023).
    On May 11, 2023, Ampt and SolarEdge jointly moved to terminate the 
investigation in its entirety based upon reaching a settlement 
agreement.
    On May 22, 2023, the CALJ issued the subject ID granting the 
motion. Commission Rule 210.21(a)(2) provides that ``[a]ny party may 
move at any time to terminate an investigation in whole or in part as 
to any or all respondents on the basis of a settlement, a licensing or 
other agreement . . . .'' 19 CFR 210.21(a)(2). The ID found that in 
compliance with 19 CFR 210.21(b)(1), ``the motion contains a statement 
that there are no other agreements, written or oral, express or 
implied, between the private parties concerning the subject matter of 
the investigation.'' ID at 1. The parties also submitted confidential 
and public versions of the settlement agreement. Id. The ID further 
found that ``any effect the proposed termination of this investigation 
may have on the public interest factors set forth in Commission Rule 
210.50(b)(2) does not counsel against termination of the 
investigation'' and that ``termination of the investigation will 
preserve Commission resources and avoid unnecessary litigation.'' Id. 
at 2. No one petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on June 8, 
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: June 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12739 Filed 6-13-23; 8:45 am]
BILLING CODE 7020-02-P