Notice2022-11078
Certain High-Density Fiber Optic Equipment and Components Thereof; Institution of an Advisory Opinion Proceeding
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 24, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute an advisory opinion proceeding as requested by Panduit Corporation ("Panduit"). The Commission has also determined to refer this matter to the Chief Administrative Law Judge ("CALJ") for assignment to an administrative law judge ("ALJ") for appropriate proceedings and an initial advisory opinion ("IAO"). The IAO is to be issued at the earliest practicable time, preferably within 120 days from the date of institution, but no later than 7 months after institution.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 100 (Tuesday, May 24, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31580-31581]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11078]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1194 (Advisory Opinion Proceeding)]
Certain High-Density Fiber Optic Equipment and Components
Thereof; Institution of an Advisory Opinion Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute an advisory opinion proceeding
as requested by Panduit Corporation (``Panduit''). The Commission has
also determined to refer this matter to the Chief Administrative Law
Judge (``CALJ'') for assignment to an administrative law judge
(``ALJ'') for appropriate proceedings and an initial advisory opinion
(``IAO''). The IAO is to be issued at the earliest practicable time,
preferably within 120 days from the date of institution, but no later
than 7 months after institution.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-2392. 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#fdb8b9b4aeceb598918dbd888e94899ed39a928b"><span class="__cf_email__" data-cfemail="a3e6e7eaf090ebc6cfd3e3d6d0cad7c08dc4ccd5">[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: The Commission instituted the underlying
investigation on March 24, 2020, based on a complaint filed on behalf
of Corning Optical Communications LLC (``Corning'') of Charlotte, North
Carolina. 85 FR 16653-54 (Mar. 24, 2020). The complaint, as
supplemented, alleged violations of section 337 in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain high-density fiber optic
equipment and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 9,020,320 (the `` '320 patent''), 10,444,456
(the `` '456 patent''), 10,120,153 (the `` '153 patent''), 8,712,206
(the `` '206 patent''), and 10,094,996 (``the '996 patent''). Id. The
'996 patent was subsequently terminated from the investigation. See
Order No. 11 (July 29, 2020), unreviewed by Comm'n Notice (Aug. 13,
2020). The Commission's notice of investigation named thirteen
respondents including, among others, Panduit of Tinley, Illinois;
<a href="http://FS.com">FS.com</a> Inc. (``FS'') of New Castle, Delaware; Leviton Manufacturing
Co., Inc. (``Leviton'') of Melville, New York; Panduit of Tinley,
Illinois; and The LAN Wirewerks Research Laboratories Inc. d/b/a
Wirewerks of Quebec, Canada; and The Siemon Company (``Siemon'') of
Watertown, Connecticut (collectively, ``Respondents''). See Comm'n Op.
at 3-5 (Aug. 23, 2021). The remaining respondents were either found in
default pursuant to Commission Rule 210.16, or terminated from the
investigation based on withdrawal of the allegations in the complaint
or a settlement agreement. Id. The notice of investigation also named
the Office of Unfair Import Investigations (``OUII'') as a party. Id.
at 4.
On March 23, 2021, the ALJ issued a final initial determination
(``ID'') finding a violation of section 337 with respect to claims 1
and 3 of the '320 patent; claims 11, 12, 14-16, 19, 21, 27, and 28 of
the '456 patent; claims 9, 16, 23, and 26 of the '153 patent; and
claims 22 and 23 of the '206 patent (collectively, ``Asserted
Patents'').
On May 24, 2021, the Commission determined to review the final ID
in part. 86 FR 28890-93 (May 28, 2021). On August 3, 2021, the
Commission determined that Corning established a violation of section
337 with respect to claims 1 and 3 of the '320 patent; claims 11, 12,
14-16, 19, 21, 27, and 28 of the '456 patent; claims 9, 16, 23, and 26
of the '153 patent; and claims 22 and 23 of the '206 patent. 86 FR
43564-66 (Aug. 9, 2021). Among other findings, the Commission affirmed
with modifications the ID's finding that Panduit induced infringement
of the asserted claims of the '320, '456, and '153 patents but not the
'206 patent. As a remedy, the Commission determined to issue a general
exclusion order (``GEO'') and cease and desist orders (``CDOs''),
including one directed to Panduit.
On November 24, 2021, Corning filed a complaint requesting that the
Commission institute an enforcement proceeding under Commission Rule
210.75 to investigate alleged violations of the GEO and CDO by Panduit.
On December 28, 2021, the Commission determined to institute an
enforcement proceeding to determine whether violations of the GEO and
CDO have occurred and to determine what, if any, enforcement measures
are appropriate. Panduit and OUII were named as parties. The Commission
referred the enforcement proceeding to the Chief ALJ for designation of
a presiding ALJ to conduct any necessary proceedings, issue an
Enforcement Initial Determination, and make a recommendation on
appropriate enforcement measures, if any.
On November 29, 2021, Panduit, Siemon, and FS filed a notice of
appeal with the U.S. Court of Appeals for the Federal Circuit seeking
review of the Commission's determination. The appeal (Docket No. 2022-
1228) was docketed on December 7, 2021.
On April 18, 2022, Panduit filed the subject request for an
advisory opinion that three new fiber optic equipment designs that it
developed do not infringe any asserted claims of the Asserted Patents
and are therefore not covered by the GEO and CDO issued in this
investigation. Panduit's new designs include: (1) A patch panel design
with a density of 192 fiber optic connections in a 1U space; (2) a
patch panel design with a density of 144 fiber optic connections in a
1U space; and (3) a new enclosure design with a density of 192 fiber
optic connections in a 1U space (collectively, ``New Designs''). On
April 28, 2022, Corning and OUII filed responses to Panduit's request.
Having reviewed Panduit's request and the supporting documents, the
[[Page 31581]]
Commission has determined to institute an advisory opinion proceeding
to ascertain whether Panduit's New Designs infringe claims 1 and 3 of
the '320 patent; claims 11, 12, 14-16, 19, 21, 27, and 28 of the '456
patent; claims 9, 16, 23, and 26 of the '153 patent; and claims 22 and
23 of the '206 patent, and are covered by the remedial orders issued in
this investigation. The Commission has further determined to refer the
matter to the CALJ for assignment to an ALJ for appropriate proceedings
and the issuance of an IAO at the earliest practicable time, preferably
within 120 days of institution but no later than 7 months after
institution. The ALJ shall set a target date at two months following
the date of issuance of the IAO. The target date may be extended for
good cause shown. The following entities are named as parties to the
proceeding: (1) Panduit; (2) Corning; and (3) OUII.
The Commission vote for this determination took place on May 18,
2022.
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: May 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11078 Filed 5-23-22; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 24, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.