Notice2022-12794
Certain Integrated Circuit Products and Devices Containing the Same; Commission Determination Not To Review an Initial Determination Granting Complainant's Motions To Terminate the Investigation Based on Withdrawal and Settlement; Termination of the Investigation In Its Entirety
Primary source
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Published
June 14, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 17), granting complainant's motions to terminate the investigation based on withdrawal and settlement. The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
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[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 35995-35996]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12794]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1295]
Certain Integrated Circuit Products and Devices Containing the
Same; Commission Determination Not To Review an Initial Determination
Granting Complainant's Motions To Terminate the Investigation Based on
Withdrawal and Settlement; Termination of the Investigation In Its
Entirety
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 the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 17),
granting complainant's motions to terminate the investigation based on
withdrawal and settlement. The investigation is terminated in its
entirety.
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#581d1c110b6b103d3428182d2b312c3b763f372e"><span class="__cf_email__" data-cfemail="efaaaba6bcdca78a839faf9a9c869b8cc1888099">[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 this investigation
on January 31, 2022, based on a complaint, as supplemented, filed on
behalf of Future Link Systems, LLC of Santa Clara, California. 87 FR
4915 (Jan. 31, 2022). The complaint, as supplemented, alleged
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, based upon the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain integrated circuit products and devices
containing the same that infringe one of more of claims 1-6 of U.S.
Patent No. 7,685,439 and claims 1-9 of U.S. Patent No. 8,099,614. Id.
at 4916. The complaint also alleged the existence of a domestic
industry. Id. The Commission's notice of investigation named seventeen
respondents: Advanced Micro Devices, Inc. of Santa Clara, CA; Apple,
Inc. of Cupertino, CA; Broadcom Inc. of San Jose, CA; Broadcom Corp. of
San Jose, CA; Qualcomm Inc. of San Diego, CA; Qualcomm Technologies
Inc. of San Diego, CA; Amlogic Holdings Ltd. of Cayman Islands; Amlogic
(CA) Co., Inc. of Santa Clara, CA; Realtek Semiconductor Corp. of
Taiwan (``Realtek''); Dell Technologies Inc. of Round Rock, TX; HP INC.
of Palo Alto, CA; Acer Inc. of Taiwan; Acer America Corp. of San Jose,
CA; Lenovo Group Ltd. of Hong Kong, China; Lenovo (United States) Inc.
of Morrisville, NC; Motorola Mobility LLC of Chicago, IL; and Google
LLC of Mountain View, CA. Id. The Office of Unfair Import
Investigations (``OUII'') was also named as a party in this
investigation. Id.
On April 28, 2022, Complainant filed a motion to terminate the
investigation as to Respondent Realtek based on withdrawal of the
complaint. ID at 1. Thereafter, on May 6, 2022, Complainant filed a
motion to terminate the investigation as to all remaining Respondents
other than Realtek based on a single patent license agreement and
multiple release agreements. Id. at 1-2. Realtek opposed the motions to
the extent they would prevent the ALJ from ruling on any pending
issues. Id. at 1, 2. OUII filed statements in support of the motions.
Id. All other Respondents either did not oppose or did not take a
position on the motions. Id.
On May 31, 2022, the ALJ issued the subject ID (Order No. 17),
granting Complainant's motions to terminate the investigation. The ID
found that the motion to terminate Respondent Realtek complies with
Commission Rule 210.21(a), 19 CFR 210.21(a), and there are no
extraordinary circumstances preventing the withdrawal. Id. at 3-4.
As for the motion to terminate all other Respondents, the ID noted
that not
[[Page 35996]]
all Respondents other than Realtek are named in the patent license
agreement and/or release agreements. Id. at 4 n.2. For those not named,
the ID stated that ``termination by settlement under Commission Rule
210.21(b) would not be appropriate, as opposed to general withdrawal
under Commission Rule 210.21(a).'' Id. The ID found that
``[r]egardless, the motion complies with all Commission Rules.'' Id.
The ID also found that ``there are no extraordinary circumstances that
warrant denying the motion'' and ``there is no evidence indicating that
terminating this investigation based on various agreements would be
contrary to the public interest.'' Id. at 4, 5. The ID also noted that
the motion attached confidential and public versions of the agreements.
Id. at 4. No petition for review of the ID was filed.
The Commission has determined not to review the subject ID. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on June 9,
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 9, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12794 Filed 6-13-22; 8:45 am]
BILLING CODE 7020-02-P
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