Notice2021-17372
Certain Networking Devices, Computers, and Components Thereof; Institution of Investigation
Primary source
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Published
August 13, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 1, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Proven Networks, LLC of Los Angeles, California. An amended complaint was filed on June 11, 2021, and a supplement to the amended complaint was filed on July 27, 2021. The amended complaint, as supplemented, 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 networking devices, computers, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,687,573 ("the '573 patent"). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
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[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44746-44747]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17372]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1275]
Certain Networking Devices, Computers, and Components Thereof;
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 1, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of Proven Networks,
LLC of Los Angeles, California. An amended complaint was filed on June
11, 2021, and a supplement to the amended complaint was filed on July
27, 2021. The amended complaint, as supplemented, 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 networking devices, computers, and components
thereof by reason of infringement of certain claims of U.S. Patent No.
8,687,573 (``the '573 patent''). The amended complaint further alleges
that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, as amended and supplemented, except for any
confidential information contained therein, 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#f5b0b1bca6c6bd909985b580869c8196db929a83"><span class="__cf_email__" data-cfemail="bffafbf6ec8cf7dad3cfffcaccd6cbdc91d8d0c9">[email protected]</span></a>. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. 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>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 10, 2021, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the
[[Page 44747]]
United States, the sale for importation, or the sale within the United
States after importation of certain products identified in paragraph
(2) by reason of infringement of one or more of claims 1-37 of the '573
patent, and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``networking
appliances, such as switches, gateways, and application delivery
controller products, that manage the flow of traffic and bandwidth for
application quality of service, policy management, and security over a
network, and related software'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
institution of investigation shall be served:
(a) The complainant is: Proven Networks, LLC, 12424 Wilshire Blvd.,
12th Floor, Los Angeles, CA 90025.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: F5 Networks, Inc., 801 5th Ave., Seattle, WA 98104.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of institution of
investigation must be submitted by the named respondents in accordance
with section 210.13 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a),
as amended in 85 FR 15798 (March 19, 2020), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the complainant of the complaint and the notice
of institution of investigation. Extensions of time for submitting
responses to the complaint and the notice of institution of
investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: August 10, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-17372 Filed 8-12-21; 8:45 am]
BILLING CODE 7020-02-P
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