Notice2022-12451
Certain Shingled Solar Modules, Components Thereof, and Methods for Manufacturing the Same; Notice of a Final Determination Granting a Joint Motion To Terminate the Investigation Based on Settlement; Termination of Investigation
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
June 9, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to grant a joint motion to terminate the above-captioned investigation in its entirety based on settlement. The investigation is hereby terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35247-35248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12451]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1223]
Certain Shingled Solar Modules, Components Thereof, and Methods
for Manufacturing the Same; Notice of a Final Determination Granting a
Joint Motion To Terminate the Investigation Based on Settlement;
Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to grant a joint motion to terminate the
above-captioned investigation in its entirety based on settlement. The
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-2301. 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#5a1f1e130969123f362a1a2f29332e39743d352c"><span class="__cf_email__" data-cfemail="a8edece1fb9be0cdc4d8e8dddbc1dccb86cfc7de">[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 October 21, 2020, the Commission
instituted this investigation based on a complaint filed by The Solaria
Corporation (``Solaria'') of Fremont, California. 85 FR 67010-11 (Oct.
21, 2020). The complaint, as supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337),
based on the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain shingled solar modules, components thereof, and methods for
manufacturing the same by reason of infringement of certain claims of
U.S. Patent Nos. 10,522,707 (``the '707 patent''), 10,763,388 (``the
'388 patent''), and 10,651,333 (``the '333 patent''). Id. at 67011. The
complaint further alleges that a domestic industry (``DI'') exists. Id.
The notice of investigation named Canadian Solar Inc. of Guelph,
Ontario, Canada and Canadian Solar (USA) Inc.
[[Page 35248]]
of Walnut Creek, California (collectively, ``Canadian Solar'') as the
respondents. Id. The Office of Unfair Import Investigations is not
named as a party. Id.
On July 15, 2021, the Commission terminated the investigation as to
the '707 patent based on Solaria's withdrawal of the allegations in the
complaint as to that patent. Order No. 9 (June 28, 2021), unreviewed by
Comm'n Notice (July 15, 2021). On October 13, 2021, the Commission
terminated the investigation as to certain claims of the '333 patent
and the '388 patent based on Solaria's withdrawal of the allegations in
the complaint as to those claims. Order No. 13 (Sept. 14, 2021),
unreviewed by Comm'n Notice (Oct. 13, 2021).
On October 22, 2021, the presiding chief administrative law judge
(``CALJ'') issued a final initial determination (``FID'') on violation,
finding a violation of section 337 with respect to the '388 and '333
patents. The FID also included the CALJ's recommended determination on
remedy and bonding.
On November 5, 2021, Canadian Solar filed a petition for review of
certain aspects of the FID on violation. On November 15, 2021, Solaria
filed a response to Canadian Solar's petition.
On November 22, 2021, Canadian Solar filed a notice of supplemental
authority to inform the Commission that a claim construction order
issued in a related district court litigation involving the same
parties and patents at issue in this investigation.
On November 23, 2021, Canadian Solar filed a submission on the
public interest pursuant to Commission Rule 210.50(a)(4) (19 CFR
210.50(a)(4)). The Commission did not receive a public interest
submission from Solaria. The Commission also did not receive any
submissions on the public interest from members of the public in
response to the Commission's Federal Register notice. 86 FR 62845-46
(Nov. 12, 2021).
On February 4, 2022, the Commission determined to review the FID in
part and to remand the FID in part to the CALJ to address, in the first
instance, Canadian Solar's on-sale bar defenses as to the asserted
claims of the '333 patent. 87 FR 7867-70 (Feb. 10, 2022).
On February 18, 2022, Solaria and Canadian Solar each filed initial
briefs on the issues under review, as well as the issues of remedy, the
public interest, and bonding. On March 4, 2022, Solaria and Canadian
Solar each filed reply briefs.
On March 4, 2022, the CALJ issued a remand initial determination
(``RID'') finding that Canadian Solar failed to show, by clear and
convincing evidence, that the asserted claims of the '333 patent are
anticipated under the on-sale bar of 35 U.S.C. 102.
On March 16, 2022, Canadian Solar filed a petition for review of
the RID. On March 23, 2022, Solaria filed a response to Canadian
Solar's petition. On April 20, 2022, the Commission determined to
extend the deadline for determining whether to review the RID until
June 6, 2022.
On June 3, 2022, the parties filed a joint motion to terminate the
investigation based on settlement.
The Commission has determined to grant the joint motion to
terminate the investigation. The Commission finds that, consistent with
Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), the Moving Parties
attached a copy of the signed settlement and license agreement between
the parties (the ``Settlement Agreement'') as Exhibit A, with a
redacted version of the Settlement Agreement attached as Exhibit B. The
Moving Parties submit that the Settlement Agreement resolves all of the
issues in dispute in this Investigation. Mot. at 1-2. In further
compliance with Commission Rule 210.21(b)(1), the Motion contains a
statement that ``there are no other agreements, written or oral,
express or implied, between the Private Parties concerning the subject
matter of this Investigation.'' Mot. at 2. The Commission finds that
termination of this investigation by settlement will not adversely
affect the public interest. See 19 CFR 210.50(b)(2).
This investigation is hereby terminated.
The Commission vote for this determination took place on June 6,
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: June 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12451 Filed 6-8-22; 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 June 9, 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.