Notice2023-03349
Certain Radio Frequency Transmission Devices and Components Thereof; Notice of Commission Decision To Review in Part and, on Review, To Affirm a Final Initial Determination Finding No Violation of Section 337; Termination of Investigation
Primary source
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Published
February 17, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination ("FID") of the presiding Chief Administrative Law Judge ("Chief ALJ") finding no violation of section 337 of the Tariff Act of 1930 ("section 337"), as amended, in this investigation. On review, the Commission affirms with modification the FID's finding of no violation of section 337. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10379-10380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03349]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1278]
Certain Radio Frequency Transmission Devices and Components
Thereof; Notice of Commission Decision To Review in Part and, on
Review, To Affirm a Final Initial Determination Finding No Violation of
Section 337; Termination 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 to review in part a final initial
determination (``FID'') of the presiding Chief Administrative Law Judge
(``Chief ALJ'') finding no violation of section 337 of the Tariff Act
of 1930 (``section 337''), as amended, in this investigation. On
review, the Commission affirms with modification the FID's finding of
no violation of section 337. 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#3673727f65057e535a467643455f425518515940"><span class="__cf_email__" data-cfemail="4207060b11710a272e320237312b36216c252d34">[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 September 2, 2021, the Commission
instituted this investigation under section 337 based on a complaint
filed by Zebra Technologies Corporation of Lincolnshire, Illinois
(``Complainant''). See 86 FR 49344-45 (Sept. 2, 2021). 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 radio
frequency transmission devices and components thereof by reason of
infringement of claims 1, 3-8, 10, 11, and 13-16 of U.S. Patent No.
6,895,219 (``the '219 patent'') and claims 17-19 of U.S. Patent No.
7,683,788 (``the '788 patent'') (collectively, the ``Asserted
Patents''). See id. The notice of investigation names OnAsset
Intelligence, Inc. of Irving, Texas (``Respondent'') as the respondent
in the investigation. See id. The Office of Unfair Import
Investigations is not a party to the investigation. See id.
On May 31, 2022, the Commission partially terminated the
investigation as to claims 7, 8, and 16 of the '219 patent based on the
withdrawal of the allegations in the complaint as to those claims. See
Order No. 20 (May 2, 2022), unreviewed by Comm'n Notice (May 31, 2022).
On September 16, 2022, the Chief ALJ issued the FID finding no
violation of section 337. Specifically, the FID finds that Complainant
failed to establish infringement of the Asserted Patents by the
Respondent. The FID also finds that claims 17 and 18 (but not claim 19)
of the '788 patent are invalid as anticipated by U.S. Patent No.
7,193,504 (``Carrender I'') (RX-132). The FID further finds that the
domestic industry requirement is satisfied with respect to the '788
patent. The FID does not reach invalidity and the domestic industry
requirement as to the '219 patent.
The FID also includes a Recommended Determination (``RD'')
recommending, should the Commission find a violation of section 337,
that the Commission issue: (1) a limited exclusion order against radio
frequency transmission devices and components thereof that are imported
into the United States, sold for importation, or sold within the United
States after importation by or on behalf of the Respondent; and (2) a
cease and desist order against the Respondent. The RD further
recommends that the Commission set no bond during the period of
Presidential review.
On September 30, 2022, Complainant filed a petition for Commission
review of the FID. As to the '788 patent, Complainant requests
Commission review with respect to the FID's findings concerning: (1)
claim construction; (2) non-infringement; (3) invalidity of claims 17
and 18; and (4) contingently, the domestic industry findings as to one
of Complainant's domestic industry products. As to the '219 patent,
Complainant does not challenge the
[[Page 10380]]
FID's findings but requests vacatur of such findings in view of the
impending expiration of that patent on January 27, 2023.
On October 11, 2022, Respondent filed a response to Complainant's
petition. The parties did not file a statement on the public interest
pursuant to Commission Rule 210.50 (19 CFR 210.50). Nor has the
Commission received any submission in response to its post-RD Federal
Register notice. See 87 FR 65249-50 (Oct. 28, 2022).
Having examined the record of this investigation, including the FID
and the parties' submissions, the Commission has determined to review
the FID in part, and upon review, to affirm the FID's determination of
no violation of section 337. Specifically, as explained in the
Commission Opinion issued concurrently herewith, the Commission has
determined to review and, on review, to vacate the FID's findings as to
the '219 patent in view of the expiration of that patent during the
pendency of the investigation. As to the '788 patent, the Commission
has determined to review and, on review, to: (1) modify and supplement
the FID's claim construction findings with respect to the term ``common
reference frequency''; (2) affirm with modification the FID's non-
infringement findings; (3) affirm with modification the FID's findings
on the technical prong of the domestic industry requirement; (4) take
no position as to the economic prong of the domestic industry
requirement; and (5) reverse the FID's invalidity findings over
Carrender I. The Commission adopts all findings in the FID that are not
inconsistent with the Commission's determination.
The investigation is terminated.
The Commission's vote for this determination took place on February
13, 2023.
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: February 13, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-03349 Filed 2-16-23; 8:45 am]
BILLING CODE 7020-02-P
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