[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Notices]
[Pages 27053-27054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11661]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1382]
Certain Electronic Computing Devices and Components Thereof;
Notice of a Final Determination Finding No Violation of Section 337;
Termination of Investigation
AGENCY: U.S. International Trade Commission.
[[Page 27054]]
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined that the respondents have
not violated section 337 of the Tariff Act of 1930, as amended, by
importing into the United States, selling for importation, or selling
within the United States after importation certain electronic computing
devices and components thereof by reason of infringement of certain
claims of U.S. Patent No. 7,792,066 (``the '066 patent''); U.S. Patent
No. 8,687,354 (``the '354 patent''); and U.S. Patent No. 10,952,203
(``the '203 patent''). This investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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: The Commission instituted this investigation
based on a complaint filed on behalf of Lenovo (United States) Inc. of
Morrisville, North Carolina (``Lenovo''). 88 FR 88110 (Dec. 20, 2023).
The complaint, as amended and supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in
the importation into the United States, the sale for importation, or
the sale within the United States after importation of certain
electronic computing devices and components thereof by reason of
infringement of claims 1, 3, 5, 7, 9, 11, 13, and 15 of U.S. Patent No.
7,760,189 (``the '189 patent''); claims 1-21 of the '066 patent; claims
1-11 of the '354 patent; and claims 1-18 of the '203 patent. Id. The
complaint further alleged that a domestic industry exists. Id. The
Commission's notice of investigation named as respondents ASUSTeK
Computer Inc., of Taipei, Taiwan and ASUS Computer International of
Fremont, CA (``ASUS''). Id. at 88111. The Office of Unfair Import
Investigations did not participate in the investigation. Id.
The presiding administrative law judge (``ALJ'') held a claim
construction hearing on May 16, 2024, and issued a claim construction
order on July 15, 2024. Order No. 32 (July 15, 2024).
The following claims were terminated from the investigation at
Lenovo's request: all asserted claims of the '189 patent; claims 6, 8-
15, and 19-21 of the '066 patent; claims 2, 3, 8 and 10 of the '354
patent; and claims 1-7, 9-16, and 18 of the '203 patent. Order No. 33
(July 16, 2024), unreviewed, Comm'n Notice, EDIS Doc. ID 828374 (Aug.
5, 2024); Order No. 38 (Aug. 8, 2024), unreviewed, Comm'n Notice, EDIS
Doc. ID 831494 (Sept. 5, 2024); Order No. 60 (Sept. 12, 2024),
unreviewed, Comm'n Notice, EDIS Doc. ID 834090 (Oct. 4, 2024).
The ALJ conducted an evidentiary hearing from September 16, 2024,
through September 20, 2024. Lenovo and ASUS filed initial post-hearing
briefs on October 4, 2024, and filed post-hearing reply briefs on
October 18, 2024.
On February 7, 2025, the ALJ issued the final initial determination
(``ID'') on violation of section 337. Lenovo filed a petition for
review of that ID, and ASUS filed a contingent petition for review, on
February 21, 2025. The parties filed respective replies to each others'
petitions on March 3, 2025.
On April 9, 2025, the Commission extended the date by which it must
determine whether to review the final ID to May 1, 2025.
On May 1, 2025, the Commission determined to review the ID in its
entirety and sought briefing from the parties on certain issues,
including remedy, bonding, and the public interest. The parties filed
opening and reply submissions in response to that request on May 15,
2025, and May 22, 2025, respectively.
On June 9, 2025, the Commission extended the target date for
completion of this investigation to June 20, 2025.
Having considered the record of the investigation, including the
final ID, the parties' submissions to the ALJ, the parties' petitions
and responses thereto, and the parties' responses to the Commission's
notice of review, the Commission has determined to affirm the ID's
finding of no violation, make supplemental findings in support of that
determination, and take no position on certain subsidiary findings in
the ID as detailed in the concurrently issued Commission opinion.
Specifically, the Commission has determined that claims 8 and 17 of the
'203 patent, claims 1-5, 7, and 16-18 of the '066 patent, and claims 1
and 4-6 of the '354 patent are not infringed and claims 7, 9, and 11 of
the '354 patent are invalid. The Commission has determined to take no
position on the following issues: whether ASUS demonstrated the
knowledge and intent necessary to be liable for inducing infringement
of the '203 patent, whether the term ``resource block'' requires both
time and frequency components, whether the asserted claims of the '203
patent are invalid, whether claims 1 and 4-6 of the '354 patent are
invalid, and whether the domestic industry requirement is satisfied for
the '354 patent. This investigation is terminated.
The Commission vote for this determination took place on June 20,
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: June 20, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-11661 Filed 6-24-25; 8:45 am]
BILLING CODE 7020-02-P