[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Notices]
[Pages 44840-44841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14840]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1347]


Certain Location-Sharing Systems, Related Software, Components 
Thereof, and Products Containing Same; Notice of Commission 
Determination Not To Review Three Initial Determinations Terminating 
the Investigation as to Certain Respondents and in Its Entirety; 
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 three initial determinations 
(``IDs'') of the presiding administrative law judge (``ALJ'') that 
terminate the above-captioned investigation as to: (1) respondent 
OnePlus Technology (Shenzhen) Co., Ltd. based on settlement (Order No. 
24); (2) respondents Xiaomi Corporation, Xiaomi H.K. Ltd., Xiaomi 
Communications Co., Ltd., and Xiaomi Inc. based on settlement (Order 
No. 25); and (3) the remaining respondents based on withdrawal of the 
complaint (Order No. 26). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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: The Commission instituted this investigation 
on December 30, 2022, based on a complaint filed by Advanced Ground 
Information Systems, Inc. of Jupiter, Florida and AGIS Software 
Development LLC of Marshall, Texas (collectively, ``AGIS''). 87 FR 
80568-69 (Dec. 30, 2022). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, based on the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain location-sharing systems, related software, 
components thereof, and products containing same by reason of the 
infringement of certain claims of U.S. Patent Nos. 8,213,970 (``the 
'970 patent''); 9,445,251 (``the '251 patent''); 9,467,838 (``the '838 
patent''); 9,749,829 (``the '829 patent''); and 9,820,123 (``the '123 
patent''). Id. at 80568. The complaint further alleges that a domestic 
industry exists. Id.
    The notice of investigation named 26 respondents: (1) Kyocera 
Corporation (``Kyocera'') of Kyoto, Japan; (2) OnePlus Technology 
(Shenzhen) Co., Ltd. (``OnePlus'') of Shenzhen, Guangdong, China; (3) 
Xiaomi Corporation of Grand Cayman, Cayman Islands; Xiaomi H.K. Ltd. of 
Kowloon City, Hong Kong; Xiaomi Communications Co., Ltd. of Beijing, 
China; and Xiaomi Inc. of Beijing, China (collectively, ``Xiaomi''); 
and (4) Google LLC of Mountain View, California; Samsung Electronics, 
Co., Ltd. of Suwon, Republic of Korea; Samsung Electronics America, 
Inc. of Ridgefield Park, New Jersey; TCL Technology Group Corporation 
of Huizhou, Guangdong, China; TCL Electronics Holdings Limited of Hong 
Kong Science Park, Hong Kong; TCL Communication Technology Holdings 
Limited of Hong Kong Science Park, Hong Kong; TCT Mobile (US) Inc. of 
Irvine, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United 
States) Inc. of Morrisville, North Carolina; Motorola Mobility LLC of 
Chicago, Illinois; HMD Global of Espoo, Finland; HMD Global OY of 
Espoo, Finland; HMD America, Inc. of Miami, Florida; Sony Corporation 
of Tokyo, Japan; Sony Mobile Communications, Inc. of Tokyo, Japan; 
ASUSTek Computer Inc. of Taipei, Taiwan; ASUS Computer International of 
Fremont, California; BLU Products of Doral, Florida; Panasonic 
Corporation of Osaka, Japan; Panasonic Corporation of North America of 
Secaucus, New Jersey (collectively, the ``Remaining Respondents''). Id. 
at 80569. The Office of Unfair Import Investigations (``OUII'') is also 
named as a party. Id.
    On February 17, 2023, the Commission amended the complaint and 
notice of investigation to substitute Panasonic Holdings Corporation of 
Osaka, Japan, in place of named respondent Panasonic Corporation. Order 
No. 7 (Feb. 1, 2023), unreviewed by 88 FR 11477 (Feb. 23, 2023).
    On June 6, 2023, the Commission terminated the investigation as to 
the following asserted claims based on withdrawal: (i) claim 2 of the 
'970 patent; (ii) claims 1-2, 7-8, 23, 25, 29-30, and 35 of the '251 
patent; (iii) claims 3, 5-8, 10, 16, 19, 38, 40, 55-56, 61-64, 68, 71-
72, 80 and 84 of the '838 patent; (iv) claims 1, 8, 34, and 41 of the 
'829 patent; and (v) claim 14 of the '123 patent. Order No. 16 (May 17, 
2023), unreviewed by Comm'n Notice (June 6, 2023).
    On June 27, 2023, the Commission terminated the investigation as to 
Kyocera based on settlement. Order No. 19, unreviewed by Comm'n Notice 
(June 27, 2023).
    On June 14, 2023, AGIS and OnePlus filed a joint motion to 
terminate the investigation as to OnePlus based on a settlement 
agreement. On June 16, 2023, OUII filed a response supporting the 
motion. No other responses to the motion were filed.
    On June 15, 2023, AGIS and Xiaomi filed a joint motion to terminate 
the investigation as to Xiaomi based on a settlement agreement. On June 
16, 2023, OUII filed a response supporting the motion. No other 
responses to the motion were filed.
    On June 15, 2023, AGIS filed a motion to terminate the 
investigation as to the Remaining Respondents based on withdrawal of 
the complaint. On June 16, 2023, OUII filed a response supporting the 
motion. On June 20, 2023, the Remaining Respondents filed a response 
stating that they do not oppose the motion. No other responses to the 
motion were filed.
    On June 20, 2023, the ALJ issued all three subject IDs (Order Nos. 
24, 25, and 26). Order Nos. 24 and 25 grant the unopposed joint motions 
to terminate the investigation as to OnePlus and Xiaomi, respectively, 
finding that the motions comply with the requirements of Commission 
Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), and that the proposed 
settlements do not adversely affect the public interest in accordance 
with Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)). Order No. 24 
at 2-3; Order No. 25 at 2-3. Order No. 26 grants the unopposed motion 
to terminate the

[[Page 44841]]

investigation as to the Remaining Respondents and thus in its entirety, 
finding that the motion complies with the requirements of Commission 
Rule 210.21(a)(1) (19 CFR 210.21(a)(1)), and that ``no extraordinary 
circumstances exist that would prevent the requested termination of 
this Investigation.'' Order No. 26 at 2-3. No petitions for review of 
the subject IDs were filed.
    The Commission has determined not to review the subject IDs. The 
investigation is terminated as to OnePlus, Xiaomi, and the Remaining 
Respondents and, thus, in its entirety.
    The Commission vote for this determination took place on July 7, 
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: July 10, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-14840 Filed 7-12-23; 8:45 am]
BILLING CODE 7020-02-P