Notice2022-17196
Certain Networking Devices, Computers, and Components Thereof and Systems Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation for Good Cause; Denial of Motion To Strike as Moot; Termination of the 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
August 10, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 15) of the presiding chief administrative law judge ("CALJ"), terminating the investigation for good cause. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 153 (Wednesday, August 10, 2022)</title>
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[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48688-48689]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17196]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1298]
Certain Networking Devices, Computers, and Components Thereof and
Systems Containing the Same; Notice of a Commission Determination Not
To Review an Initial Determination Terminating the Investigation for
Good Cause; Denial of Motion To Strike as Moot; Termination of the
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 (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 15) of the presiding chief
administrative law judge (``CALJ''), terminating the investigation for
good cause. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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#4c0908051f7f0429203c0c393f25382f622b233a"><span class="__cf_email__" data-cfemail="d297969b81e19ab7bea292a7a1bba6b1fcb5bda4">[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 February 18, 2022, based on a complaint filed by Proven Networks,
LLC of Los Angeles, CA (``Proven''). 87
[[Page 48689]]
FR 9382 (Feb. 18, 2022). The complaint, as supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain networking devices, computers, and components thereof and
systems containing the same by reason of infringement of claims 1-37 of
U.S. Patent No. 8,687,573. Id. The complaint further alleges that a
domestic industry exists. Id. The Commission's notice of investigation
named as respondent NetApp, Inc. of San Jose, CA (``NetApp''). Id. The
Office of Unfair Import Investigations is not participating in the
investigation. Id.
On May 5, 2022, NetApp moved, ``[p]ursuant to Commission Rule
210.21(a) [19 CFR 210.21(a)] . . . for termination of the instant
investigation based on [Proven's] clear and unequivocal waiver of the
sole basis on which Proven alleges it satisfies the domestic industry
requirement.'' Certain Networking Devices, Computers, and Components
Thereof and Sys. Containing the Same, Inv. No. 337-TA-1298,
Respondent's Mot. to Terminate Based on Waiver of Domestic Indus., 1
(May 5, 2022). Proven filed a response in opposition to the motion to
terminate on May 16, 2022. The CALJ held oral argument on the motion on
June 1, 2022. At the outset of the argument, the CALJ characterized the
pending motion as one ``to terminate the investigation for good
cause.'' Tr. at 4 (EDIS Doc. ID 772805).
On July 5, 2022, the CALJ issued the subject ID granting NetApp's
motion and terminating the investigation in its entirety. The ID relies
on the ``good cause'' language of Commission Rule 210.21(a)(1) as the
basis for granting the motion. ID at 4, 12. Substantively, the ID finds
that ``Proven expressly waived its ability to rely on [third-party]
Extreme's products and activities to demonstrate a domestic industry in
this investigation,'' and that ``[w]ithout the ability to rely on
Extreme's products and services, Proven cannot satisfy the domestic
industry requirement of section 337 and no violation of section 337 can
be found.'' ID at 12. The Commission has determined not to review the
subject ID.
The Commission has also determined to deny as moot a motion filed
by NetApp to strike Proven's untimely petition for review. Proven filed
an untimely petition for review of the ID, which NetApp moved to
strike. Proven's request that its petition for review be received out
of time was denied by the Chair. See EDIS Doc. ID 776332 (July 27,
2022). As such, Proven's petition for review is not on the record and
therefore NetApp's motion to strike the petition from the record is
moot.
The investigation is hereby terminated in its entirety.
The Commission vote for this determination took place on August 4,
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: August 5, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-17196 Filed 8-9-22; 8:45 am]
BILLING CODE 7020-02-P
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