Notice2021-16656
Certain Semiconductor Devices, Wireless Infrastructure Equipment Containing the Same, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based Upon Settlement; Termination of Investigation
Primary source
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Published
August 5, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 7) of the presiding administrative law judge ("ALJ"), granting an unopposed motion to terminate the investigation in its entirety based upon settlement.
Full Text
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Page 42881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16656]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1254]
Certain Semiconductor Devices, Wireless Infrastructure Equipment
Containing the Same, and Components Thereof; Notice of a Commission
Determination Not To Review an Initial Determination Granting a Joint
Motion To Terminate the Investigation in Its Entirety Based Upon
Settlement; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 7) of the presiding administrative
law judge (``ALJ''), granting an unopposed motion to terminate the
investigation in its entirety based upon settlement.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#88cdccc1dbbbc0ede4f8c8fdfbe1fceba6efe7fe"><span class="__cf_email__" data-cfemail="82c7c6cbd1b1cae7eef2c2f7f1ebf6e1ace5edf4">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 March 10, 2021, the Commission instituted
this investigation based on a complaint filed by Samsung Electronics
Co., Ltd. of Republic of Korea and Samsung Austin Semiconductor, LLC of
Austin, Texas (collectively, ``Samsung''). 86 FR 13733 (Mar. 10, 2021).
The complaint alleged violations of section 337 based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain
semiconductor devices, wireless infrastructure equipment containing the
same, and components thereof by reason of infringement of claims 1-4
and 6-20 of U.S. Patent No. 9,748,243; claims 1-15 of U.S. Patent No.
9,018,697; claims 1-3, 6-8, 10-14, 16, 19, 20, 23, 24, and 26-29 of
U.S. Patent No. 9,048,219; and claims 1, 5-11, 13, 15, and 18 of U.S.
Patent No. 9,761,719. Id. The Commission's notice of investigation
named as respondents, Ericsson AB and Telefonaktiebolaget LM Ericsson
both of Stockholm, Sweden, and Ericsson Inc. of Plano, Texas
(collectively, ``Ericsson''). Id. The notice of investigation did not
name the Office of Unfair Import Investigations as a party. Id.
On May 14, 2021, Samsung and Ericsson filed a joint motion to
terminate the investigation in its entirety based upon settlement.
On July 8, 2021, the ALJ issued the subject ID (Order No. 7)
granting the motion. The subject ID found that the joint motion
complies with Commission Rule 210.21(a)(2), which provides that ``[a]ny
party may move at any time to terminate an investigation in whole or in
part as to any or all respondents on the basis of a settlement, a
licensing or other agreement . . . .'' ID at 1 (citing 19 CFR
210.21(a)(2)). The ID observed that ``Samsung and Ericsson have entered
into a Global Patent License Agreement that includes an agreement to
terminate this Investigation in its entirety,'' and in accordance with
Commission Rule 210.21(b)(1) state that ``[t]here are no other
agreements, written or oral, expressed or implied between Samsung and
Ericsson concerning the subject matter of this Investigation.'' ID at
1-2 (citing 19 CFR 210.21(b)(1)). In addition, the parties provided
confidential and public versions of the settlement agreement. The ID
further noted that the parties agree that termination of this
investigation ``will not have any adverse effect of the public health
and welfare and/or competitive conditions in the United States'' and
that ``[t]ermination will also conserve the parties' respective
resources and those of the Commission.'' Id. at 2. No one petitioned
for review of the ID.
The Commission has determined not to review the subject ID. The
investigation is hereby terminated in its entirety.
The Commission vote for this determination took place on July 30,
2021.
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: July 30, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-16656 Filed 8-4-21; 8:45 am]
BILLING CODE 7020-02-P
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