Notice2021-16761
Certain Electronic Devices With Wireless Connectivity, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating an Investigation Based on a Settlement Agreement; 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 has determined not to review an initial determination ("ID") (Order No. 6) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Page 42882]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16761]
[[Page 42882]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1245]
Certain Electronic Devices With Wireless Connectivity, Components
Thereof, and Products Containing Same; Notice of Commission
Determination Not To Review an Initial Determination Terminating an
Investigation Based on a Settlement Agreement; 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 has determined not to review an initial determination
(``ID'') (Order No. 6) of the presiding administrative law judge
(``ALJ'') granting a joint motion to terminate the investigation based
on a settlement agreement. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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#d693929f85e59eb3baa696a3a5bfa2b5f8b1b9a0"><span class="__cf_email__" data-cfemail="6623222f35552e030a162613150f120548010910">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On February 8, 2021, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Ericsson Inc. of Plano, Texas, and
Telefonaktiebolaget LM Ericsson and Ericsson AB both of Stockholm,
Sweden (all collectively, ``Ericsson''). 86 FR 8653-54 (Feb. 8, 2021).
The complaint, as supplemented, alleges a violation of section 337
based upon the importation into the United States, sale for
importation, or sale after importation into the United States of
certain electronic devices with wireless connectivity, components
thereof, and products containing same by reason of infringement of
certain claims of U.S. Patent Nos. 7,151,430; 6,879,849; 7,286,823; and
9,313,178. Id. The complaint further alleges that a domestic industry
exists. Id. The notice of investigation names five respondents: Samsung
Electronics Co., Ltd. of Suwon, South Korea; Samsung Electronics
America, Inc. of Ridgefield Park, New Jersey; Samsung Electronics Thai
Nguyen Co., Ltd. of Pho Yen, Vietnam; Samsung Electronics Vietnam Co.,
Ltd. of Yen Phong, Vietnam; and Samsung Electronics HCMC CE Complex,
Co., Ltd. of Ho Chi Minh City, Vietnam (collectively, ``Samsung''). See
id.
On July 2, 2021, Ericsson and Samsung filed a joint motion to
terminate this investigation in its entirety based on a settlement
agreement.
On July 7, 2021 the presiding ALJ issued the subject ID granting
the joint motion to terminate the investigation. See Order No. 6. The
subject ID finds that the joint motion complies with Commission Rule
210.21(b)(1) (19 CFR 210.21(b)(1)) and that there are no extraordinary
circumstances that would warrant denying the motion. The ID also finds
that termination of the investigation based on settlement would not be
contrary to the public interest.
No party petitioned for review of the subject ID.
The Commission has determined not to review the subject ID (Order
No. 6). The investigation is terminated.
The Commission vote for this determination took place on August 2,
2021.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the complainant complete service for any party/
parties without a method of electronic service noted on the attached
Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
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: August 2, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-16761 Filed 8-4-21; 8:45 am]
BILLING CODE 7020-02-P
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