Notice2021-18570
Certain Multi-Domain Test and Measurement Instruments; Notice of Commission Determination To Institute a Modification Proceeding and Modify Three Consent Orders; Termination of the Modification Proceeding
Primary source
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Published
August 30, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding and modify three consent orders issued in the underlying investigation to exclude certain products subject to a settlement agreement. The modification proceeding is terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 165 (Monday, August 30, 2021)</title>
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[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48442-48443]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18570]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1104 (Modification)]
Certain Multi-Domain Test and Measurement Instruments; Notice of
Commission Determination To Institute a Modification Proceeding and
Modify Three Consent Orders; Termination of the Modification Proceeding
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 to institute a modification proceeding and
modify three consent orders issued in the underlying investigation to
exclude certain products subject to a settlement agreement. The
modification proceeding 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#93d6d7dac0a0dbf6ffe3d3e6e0fae7f0bdf4fce5"><span class="__cf_email__" data-cfemail="0540414c56364d6069754570766c71662b626a73">[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 March 16, 2018, 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 Tektronix, Inc. of Beaverton, Oregon (``Tektronix''). See 83 FR
11790 (Mar. 16, 2018). The complaint 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 multi-domain test and measurement instruments by reason of
infringement of certain claims of U.S. Patent No. 8,521,460 and U.S.
Patent No. 8,675,719 (``the Asserted Patents''). Id. The notice of
investigation names three respondents: Rohde & Schwartz GmbH & Co. KG
of Munich, Germany; Rohde & Schwartz Vertriebs GmbH of Munich, Germany;
and Rohde & Schwartz USA, Inc. of Columbia, Maryland (collectively,
``R&S''). Id at 11791.
On August 10, 2018, the Commission issued a consent order to each
of the three respondents. Order No. 12 (Jul. 13, 2018), unreviewed by
Notice (Aug. 10, 2018). The three consent orders prohibit R&S from
selling for importation or selling after importation certain accused
multi-domain test and measurement instruments that were alleged to
infringe the asserted claims of the Asserted Patents. Following
issuance of the consent orders, the investigation proceeded with
respect to the remaining accused products.
On September 17, 2018, the Commission terminated the investigation
in view of the consent orders and Tektronix's unopposed motion to
terminate the investigation in its entirety based on withdrawal of the
[[Page 48443]]
complaint as to any remaining accused products. Order No. 16 (Aug. 24,
2018), unreviewed by 83 FR 47937-38 (Sept. 21, 2018).
On February 10, 2020, Tektronix and R&S filed a petition pursuant
to Commission Rule 210.76 (19 CFR 210.76) to rescind in-part the three
consent orders with respect to certain covered products based on a
settlement agreement.
Having reviewed the petition, the Commission has determined that
the petition complies with Commission Rule 210.76 (19 CFR 210.76), and
that there are no extraordinary reasons to deny modification of the
consent orders. Accordingly, the Commission has determined to institute
a modification proceeding and to modify the three consent orders.
Specifically, the three consent orders are rescinded in-part to the
extent the orders cover R&S's RTM and RTA line of oscilloscopes with a
proposed ``K37 Option'' and to the extent the orders cover R&S products
other than oscilloscopes.
The modification proceeding is terminated.
The Commission vote for this determination took place on August 24,
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: August 23, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18570 Filed 8-27-21; 8:45 am]
BILLING CODE 7020-02-P
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