[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Notices]
[Pages 8033-8034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01564]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1376]
Certain Electronic Devices, Including Mobile Phones, Tablets,
Laptops, Components Thereof, and Products Containing the Same; Notice
of Commission Determination To Review in Part and, on Review, Affirm a
Final Initial Determination Finding No Violation; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to review in part a
final initial determination (``FID'') issued by the presiding
administrative law judge (``ALJ'') finding no violation of section 337.
On review, the Commission affirms the determination of no violation.
The investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On November 17, 2023, the Commission
instituted the present investigation based on a complaint, as
supplemented, filed by Ericsson AB of Stockholm, Sweden and
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden (collectively
``Ericsson''), alleging violations of section 337 of Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), due to the
importation into the United States, sale for importation, or sale in
the United States after importation of certain electronic devices,
including mobile phones, tablets, laptops, components thereof, and
products containing the same, that allegedly infringe one or more of
the asserted claims of U.S. Patent Nos. 9,313,178 (``the '178
patent''); 10,972,654 (``the '654 patent''); 9,509,273 (``the '273
patent''); 7,151,430 (``the '430 patent''); and 11,122,313 (``the '313
patent''). 88 FR 80337-338 (Nov. 17, 2023). The complaint alleges that
a domestic industry exists. Id. The notice of investigation names the
following respondents: Motorola Mobility, LLC of Chicago, Illinois;
Motorola (Wuhan) Mobility Technologies Communication Company Limited of
Wuhan, China; Lenovo (United States) Inc. of Morrisville, North
Carolina; Lenovo Group Limited of Hong Kong, SAR, China; Lenovo
(Shanghai) Electronics Technology Co., Ltd. of Shanghai, China; Lenovo
Beijing Co., Ltd. of Beijing, China; Lenovo PC HK Limited of Hong Kong,
SAR, China; and Lenovo Information Products (Shenzhen) Co. Ltd. of
Shenzhen, China (collectively, ``Respondents''). Id. at 80337. The
Office of Unfair Import Investigations is not a party to this
investigation. Id.
The Commission subsequently terminated the investigation with
respect to certain patents and patent claims that were withdrawn by the
Ericsson. Order No. 29 (June 3, 2024), unreviewed by Comm'n Notice
(June 25, 2024) (terminating the '430 patent in its entirety, asserted
claims 1-5 of the '178 patent, and asserted claims 1-4 and 6 of the
'313 patent); Order No. 34 (July 15, 2024), unreviewed by Comm'n Notice
(Aug. 6, 2024) (terminating all remaining claims of the '313 patent,
claim 18 of the '178 patent, claims 9, 10, and 15 of the '654 patent,
and claims 1-3, 7-10, 12-14, and 16 of the '273 patent); Order No. 39
(Aug. 9, 2024), unreviewed by Comm'n Notice (Sept. 9, 2024)
(terminating all remaining claims of the '273 patent).
On July 5, 2024, the Commission terminated the investigation with
respect to respondent Lenovo Group Limited for good cause because it
does not import into the United States, sell for importation, or sell
in the United States after importation any accused products. Order No.
30 (June 20, 2024), unreviewed by Comm'n Notice (July 5, 2024).
On August 13, 2024, the Commission granted in part Ericsson's
unopposed motion for summary determination that it has satisfied the
economic prong of the domestic industry requirement under section
337(a)(3)(A) with respect to the '178 and '654 patents. Order No. 32
(July 12, 2024), unreviewed by Comm'n Notice (Aug. 13, 2024).
On November 15, 2024, the presiding ALJ issued the subject FID,
finding no violation of section 337 with respect to either the
remaining '178 patent or the '654 patent. With regard to the '178
[[Page 8034]]
patent, the FID finds that asserted claims 16 and 17 are not infringed
and are invalid as obvious under 35 U.S.C. 103 (``section 103''), that
no domestic industry product practices either claim, and that the
economic prong of the domestic prong requirement would have been
satisfied under 35 U.S.C. 1337(a)(3)(B) (``section 337(a)(3)(B)'') but
for the invalidity of the asserted claims. With regard to the '654
patent, the FID finds that asserted claims 1, 3, and 16 are ineligible
for patenting under 35 U.S.C. 101 (``section 101''), that claims 1 and
3 are invalid as anticipated under 35 U.S.C. 102, and that claims 1, 3,
and 16 are invalid as obvious under section 103. The FID finds that,
but for the invalidity of its claims, the '654 patent would have been
infringed and both the technical and economic prongs of the domestic
industry requirement would have been satisfied under section
337(a)(3)(B). The FID rejects Respondents' license defense.
On November 29, 2024, Respondents filed a contingent petition for
review, arguing that if the Commission were to review the FID, it
should also review: (i) the FID's rejection of Respondents' license
defense; (ii) the FID's narrow construction of the term ``detect''
recited in the asserted claims of the '178 patent and its resultant
rejection of certain obviousness defenses; and (iii) the FID's narrow
ordering of the claim steps in the '654 patent claims and its resultant
rejection of certain anticipation arguments. Respondents did not
petition for review of the FID's findings on non-infringement, patent
ineligibility, or domestic industry. On December 9, 2024, Ericsson
filed a response opposing Respondents' petition for review of the
license defense, but it did not address any of the other issues raised
by Respondents. Ericsson did not file a petition for Commission review
of any findings in the FID.
Having reviewed the record of the investigation, including the FID,
the parties' petitions for review and related submissions, the
Commission has determined to review the FID in part as to the FID's
finding that the asserted claims of the '654 patent are ineligible for
patenting under section 101, that Ericsson has satisfied the economic
prong of the domestic industry requirement under section 337(a)(3)(B),
and concerning Respondents' licensing defense. On review, the
Commission has determined to adopt the FID's findings, including its
no-violation determination, with the exception that the Commission
takes no position on whether the asserted claims of the '654 patent are
ineligible under section 101, whether Ericsson has satisfied the
economic prong of domestic industry requirement under section
337(a)(3)(B), or the FID's findings regarding Respondents' licensing
defense. See 19 CFR 210.45(c); Beloit Corp. v. Valmet Oy, 742 F.2d
1421, 1423 (Fed. Cir. 1984). Additionally, the Commission has
determined to reconsider, and on reconsideration, to vacate Order No.
32 and take no position on whether Ericsson has satisfied the economic
prong of domestic industry under section 337(a)(3)(A). See 19 CFR
210.47; Beloit, 742 F.2d at 1423. The Commission notes that there can
be no domestic industry if the asserted patent claims are either
invalid or withdrawn. See Order No. 34 (July 15, 2024), unreviewed by
Comm'n Notice (Aug. 6, 2024) (terminating investigation as to certain
claims forming the basis or the grant of summary determination in Order
No. 32).
The investigation is hereby terminated with a finding of no
violation.
The Commission vote for this determination took place on January
16, 2025.
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: January 16, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-01564 Filed 1-22-25; 8:45 am]
BILLING CODE 7020-02-P