[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