Notice2022-15380
Certain Mobile Electronic Devices; Notice of Commission Decision Not To Review an Initial Determination Granting in Part a Motion To Amend the Complaint and Notice 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
July 19, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 5) of the presiding administrative law judge ("ALJ") granting in part a motion to amend the complaint and notice of investigation.
Full Text
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<title>Federal Register, Volume 87 Issue 137 (Tuesday, July 19, 2022)</title>
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[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Page 43056]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15380]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1312]
Certain Mobile Electronic Devices; Notice of Commission Decision
Not To Review an Initial Determination Granting in Part a Motion To
Amend the Complaint and Notice of Investigation
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 an initial determination
(``ID'') (Order No. 5) of the presiding administrative law judge
(``ALJ'') granting in part a motion to amend the complaint and notice
of investigation.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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="90d5d4d9c3a3d8f5fce0d0e5e3f9e4f3bef7ffe6">[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 May 4, 2022, 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 Maxell, Ltd. of Kyoto, Japan (``Complainant''). See 87 FR 26373-74
(May 4, 2022). The complaint, as supplemented, alleges a violation 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 mobile electronic devices by reason of
infringement of certain claims of U.S. Patent Nos. 7,199,821;
7,324,487; 8,170,394; 8,982,086; 10,129,590; and 10,244,284. The notice
of investigation names Lenovo Group Ltd. of Beijing, China; Lenovo
(United States) Inc. (``Lenovo US'') of Morrisville, North Carolina;
and Motorola Mobility LLC of Libertyville, Illinois (collectively,
``Respondents''), as respondents in the investigation. See id. The
Office of Unfair Import Investigations is also a party to the
investigation. See id.
On May 6, 2022, Complainant filed a motion to amend the complaint
and notice of investigation to: (1) remove domestic industry
allegations based on the domestic activities of its licensee Apple Inc.
(``Apple''); (2) add domestic industry allegations based on the
domestic activities of respondent Lenovo US; and (3) amend the plain
language description of accused products to include Lenovo-branded
smartphones. On May 18, 2022, Respondents filed a response opposing in
part Complainant's motion to amend. Specifically, while Respondents do
not oppose the withdrawal of domestic industry allegations based on
Apple's domestic activities, they oppose Complainant's motion to amend
in all other respects. On May 23, 2022, Complainant filed a reply in
support of its motion to amend.
On June 14, 2022, the ALJ issued the subject ID (Order No. 5)
pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)), granting in
part Complainant's motion to amend the complaint and notice of
investigation. See ID at 2. Specifically, the ID grants Complainant's
request to amend the complaint and notice of investigation to include
Lenovo-branded smartphones in the plain-language description of the
accused products. See id. at 11.
Order No. 5 also grants the motion with respect to Complainant's
request to withdraw the assertions in the complaint regarding
Complainant's reliance on Apple's domestic activities to satisfy the
domestic industry requirement. See id. at 9. Order No. 5 also denies
Complainant's request to amend the complaint to rely upon Lenovo US's
domestic activities. See id. at 8-9. These aspects of Order No. 5 do
not constitute an initial determination that is subject to review at
this time and are therefore not currently before the Commission. 19 CFR
210.14(b); 19 CFR 210.42(c)(1).
No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID. In
particular, the plain language description of the accused products in
the complaint and notice of investigation is amended to recite
``certain mobile electronic devices, i.e., Lenovo-branded and Motorola-
branded smartphones.''
The Commission's vote for this determination took place on July 14,
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: July 14, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-15380 Filed 7-18-22; 8:45 am]
BILLING CODE 7020-02-P
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