Notice2022-20575
Certain Mobile Electronic Devices; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation in its Entirety Based on Withdrawal of the Complaint
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
September 23, 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. 10) of the presiding administrative law judge ("ALJ") terminating the investigation in its entirety based on withdrawal of the complaint. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 184 (Friday, September 23, 2022)</title>
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58135-58136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20575]
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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 Terminating the Investigation in
its Entirety Based on Withdrawal of the Complaint
AGENCY: 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. 10) of the presiding administrative law judge
(``ALJ'') terminating the investigation in its entirety based on
withdrawal of the complaint. The investigation is terminated.
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#5a1f1e130969123f362a1a2f29332e39743d352c"><span class="__cf_email__" data-cfemail="387d7c716b0b705d5448784d4b514c5b165f574e">[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 (``Maxell'' or ``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 July 14, 2022, the Commission determined not to review an ID
(Order No. 5) granting in part Complainant's motion to amend the
complaint and notice of investigation. See Order No. 5 (June 14, 2022),
unreviewed by Commission Notice (July 14, 2022). Specifically, Order
No. 5 grants the motion with respect to Complainant's request to
withdraw the assertions in the complaint regarding Complainant's
reliance on its licensee Apple Inc.'s domestic activities to satisfy
the domestic industry requirement. Order No. 5 also grants
Complainant's request
[[Page 58136]]
to amend the complaint and notice of investigation to include Lenovo-
branded products in the plain-language description of the accused
products. Order No. 5, however, denies Complainant's request to amend
the complaint to permit Complainant to rely upon Lenovo US's domestic
activities to establish the domestic industry requirement.
On July 18, 2022, Complainant filed a motion to terminate this
investigation in its entirety based on withdrawal of the complaint,
contingent upon the Commission instituting an investigation based on
its own separate complaint filed in Certain Mobile Electronic Devices,
Dkt. No. 337-3625. On July 25, 2022, Respondents filed a response
partially opposing the motion with respect to Complainant's asserted
contingency. On July 27, 2022, Complainant filed a reply in support of
its motion.
On August 16, 2022, the Commission issued a notice of institution
of Investigation No. 337-TA-1324 based on the complaint filed in
Certain Mobile Electronic Devices, Dkt. No. 337-3625. See 87 FR 51445-
46 (Aug. 22, 2022). In view of the issuance of the Commission's notice,
on August 17, 2022, Respondents filed a notice withdrawing their
partial opposition with respect to Complainant's asserted contingency.
On August 19, 2022, the ALJ issued the subject ID (Order No. 10)
granting Complainant's motion to terminate this investigation based on
complaint withdrawal. The ID finds that the motion complies with the
Commission Rules. See ID at 2-3. In accordance with Commission Rule
210.21(a), 19 CFR 210.21(a), Complainant represents that ``there are no
agreements, written or oral, express or implied, between Maxell and the
Respondents concerning the subject matter of this investigation.'' See
id. at 3. In addition, the ID finds ``no extraordinary circumstances
that would justify denying termination of this investigation based on
withdrawal of the Complaint.'' See id. After the issuance of Order No.
10, Investigation No. 337-TA-1324 was instituted upon publication of
the notice of investigation in the Federal Register on August 22, 2022.
See 87 FR 51445-46 (Aug. 22, 2022).
No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID. The
investigation is terminated.
The Commission's vote for this determination took place on
September 19, 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: September 19, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-20575 Filed 9-22-22; 8:45 am]
BILLING CODE 7020-02-P
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