[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Notices]
[Pages 67969-67970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18817]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation. No. 337-TA-1413]
Certain Wireless Front-End Modules and Devices Containing the
Same; Notice of Institution of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 17, 2024, under section 337
of the Tariff Act of 1930, as amended, on behalf of Skyworks Solutions,
Inc. of Irvine, California; Skyworks Solutions Canada,
[[Page 67970]]
Inc. of Canada; and Skyworks Global Pte. Ltd. of Singapore. A letter
supplementing the complaint was filed on August 5, 2024. The complaint,
as supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain wireless
front-end modules and devices containing the same by reason of the
infringement of certain claims of U.S. Patent No. 8,717,101 (``the '101
patent''); U.S. Patent No. 9,917,563 (``the '563 patent''); U.S. Patent
No. 7,409,200 (``the '200 patent''); U.S. Patent No. 9,450,579 (``the
'579 patent''); and U.S. Patent No. 9,148,194 (``the '194 patent'').
The complaint, as supplemented, further alleges that an industry in the
United States exists or is in the process of being established as
required by the applicable Federal Statute. The complainants request
that the Commission institute an investigation and, after the
investigation, issue a general exclusion order, or in the alternative a
limited exclusion order, and cease and desist orders.
ADDRESSES: The complaint, as supplemented, except for any confidential
information contained therein, may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov. For help accessing
EDIS, please email [email protected]. Hearing impaired individuals
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. General information concerning the Commission may also
be obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 16, 2024, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 2, 10, 11, 17, 18, and 20-22 of the '101 patent; claims 14,
15, 17, and 20 of the '563 patent; claims 1, 2, 6, 10-12, 15, 18-20,
and 23-25 of the '200 patent; claims 1 and 7 of the '579 patent; and
claim 4 of the '194 patent, and whether an industry in the United
States exists or is in the process of being established as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``wireless front-end
modules and wireless routers'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Skyworks Solutions, Inc., 5260 California Avenue, Irvine, CA 92617
Skyworks Solutions Canada, Inc., 1135 Innovation Drive, Ottawa, Ontario
K2K 3G7, Canada
Skyworks Global Pte. Ltd., 3 Bedok South Rd., Singapore 469269
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Kangxi Communication Technologies (Shanghai) Co., Ltd., 5th Floor,
Building 10, No. 399 Keyuan Road, Pudong New Area, Shanghai, China
Grand Chip Labs, Inc., 14151 Newport Ave., Suite 204, Tustin, CA 92780
D-Link Corporation, 4F 289 Sinhu 3rd Road, Neihu District, Taipei, 114
Taiwan
D-Link Systems Inc., 14420 Myford Road, Suite 100, Irvine, CA 92606
Ruijie Networks Co., Ltd., Building 19, Juyuanzhou Industrial Park, No.
618, Jinshan Road, Cangshan District, Fuzhou, Fujian, China
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint, as supplemented, and the notice of
investigation must be submitted by the named respondents in accordance
with section 210.13 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a),
as amended in 85 FR 15798 (March 19, 2020), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the complainants of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2024).
Issued: August 16, 2024.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2024-18817 Filed 8-21-24; 8:45 am]
BILLING CODE 7020-02-P