    [Federal Register Volume 90, Number 84 (Friday, May 2, 2025)]
    [Notices]
    [Pages 18867-18868]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2025-07638]

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    INTERNATIONAL TRADE COMMISSION

    [Investigation No. 337-TA-1389]

    Certain Computing Devices Utilizing Indexed Search Systems and
    Components Thereof; Notice of Commission Determination To Review in
    Part and, on Review, Affirm a Final Initial Determination Finding No
    Violation of Section 337; Termination of Investigation

    AGENCY: U.S. International Trade Commission.

    ACTION: Notice.

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    SUMMARY: The Commission has determined to review in part and, on
    review, affirm a final initial determination (``ID'') issued by the
    presiding administrative law judge (``ALJ'') in the above-captioned
    investigation finding no violation of section 337. This investigation
    is hereby 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
    EDIS3Help@usitc.gov. 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 January 29, 2024, the Commission
    instituted this investigation under section 337 of the Tariff Act of
    1930, as

    [[Page 18868]]

    amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed
    by X1 Discovery, Inc. of Pasadena, California (``X1''). See 89 FR 5574-
    75 (Jan. 29, 2024). The complaint, as amended, 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 computing devices utilizing indexed search
    systems and components thereof by reason of infringement of certain
    claims of U.S. Patent Nos. 8,498,977 (``the '977 patent'') and
    8,856,093 (``the '093 patent''). Id. The complaint also alleges that a
    domestic industry (``DI'') exists. Id. The notice of investigation
    names seven respondents: (1) ASUSTeK Computer Inc. of Taipei, Taiwan;
    (2) ASUS Computer International of Fremont, California; (3) Acer Inc.
    of Taipei, Taiwan; (4) Acer America Corporation of San Jose,
    California; (5) Dell Technologies Inc. of Round Rock, Texas; (6) Dell
    Products L.P. of Round Rock, Texas (collectively, the ``Remaining
    Respondents''); and (7) Dell (Chengdu) Company Limited of Sichuan,
    China (``Dell (Chengdu)''). Id. The Office of Unfair Import
    Investigations is not participating in this investigation.
        On May 22, 2024, the Commission terminated respondent Dell
    (Chengdu) from the investigation based on partial withdrawal of the
    complaint. Order No. 8 (May 6, 2024), unreviewed by Comm'n Notice (May
    22, 2024). As a result, only the six Remaining Respondents remain in
    the investigation.
        On September 23, 2024, the Commission terminated the investigation
    as to the following asserted claims based on partial withdrawal of the
    complaint: (i) claims 5, 8-11, 13, 15-16, and 20 of the '977 patent and
    (ii) claims 1-7, 11-12, 14-17, and 19 of the '093 patent. Order No. 15
    (Aug. 27, 2024), unreviewed by Comm'n Notice (Sept. 23, 2024).
        On October 25, 2024, the Commission granted summary determination
    of non-infringement of the asserted claims of the '977 patent and,
    thus, no violation of section 337 as to the '977 patent. Order No. 18
    (Sept. 3, 2024), aff'd with modified and supplemental reasoning by
    Comm'n Notice (Oct. 25, 2024); see Comm'n Opinion (Oct. 25, 2024).
        On February 26, 2025, the ALJ issued the final ID, which finds no
    violation of section 337 as to the remaining asserted claims (claims 13
    and 18) of the '093 patent. Specifically, the ID finds that: (i) X1
    failed to show that claims 13 and 18 have been infringed; (ii) the
    Remaining Respondents showed that claims 13 and 18 are invalid; (iii)
    X1 failed to satisfy the technical prong of the DI requirement as to
    the '093 patent; and (iv) X1 has satisfied the economic prong of the DI
    requirement as to the '093 patent. The ID also includes the ALJ's
    recommended determination (``RD'') on remedy and bonding. The RD
    recommends that, should the Commission determine that a violation of
    section 337 has occurred, the Commission should: (i) issue a limited
    exclusion order against the Remaining Respondents' infringing products;
    (ii) issue CDOs against each of the Remaining Respondents; and (iii)
    impose no bond (zero percent bond) for importations of infringing
    products during the period of Presidential review. No petitions for
    review of the ID were filed.
        The Commission, having reviewed the record of the investigation,
    including the parties' submissions to the ALJ and final ID, has
    determined to review the ID in part. Specifically, the Commission has
    determined to review the ID's finding that X1 has satisfied the
    economic prong of the DI requirement as to the '093 patent. On review,
    the Commission has determined to take no position on this issue. See 19
    CFR 210.45(c); see also Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423
    (Fed. Cir. 1984). The Commission has determined not to review the
    remaining findings in the ID. Accordingly, the Commission has
    determined to affirm the ID's finding that X1 has not shown a violation
    of section 337 by the Remaining Respondents as to claims 13 and 18 of
    the '093 patent.
        This investigation is hereby terminated.
        The Commission vote for this determination took place on April 28,
    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: April 28, 2025.
    Lisa Barton,
    Secretary to the Commission.
    [FR Doc. 2025-07638 Filed 5-1-25; 8:45 am]
    BILLING CODE 7020-02-P