[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