Notice2023-04817
Certain LTE- and 3G-Compliant Cellular Communications Devices; Notice of a Commission Determination To Dismiss as Moot a Portion of the Complaint; Termination of Remand Proceeding
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
March 9, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that, on October 24, 2022, the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") issued a mandate with instructions to dismiss as moot the portion of the complaint filed in the above-captioned investigation relating to U.S. Patent No. 6,760,590 ("the '590 patent"), which expired during the pendency of an appeal before the Court. The Commission hereby dismisses that portion of the complaint. The remand proceeding is hereby terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 46 (Thursday, March 9, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Page 14650]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04817]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1138 (CAFC Remand Proceeding)]
Certain LTE- and 3G-Compliant Cellular Communications Devices;
Notice of a Commission Determination To Dismiss as Moot a Portion of
the Complaint; Termination of Remand Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, on October 24, 2022, the U.S.
Court of Appeals for the Federal Circuit (``Federal Circuit'') issued a
mandate with instructions to dismiss as moot the portion of the
complaint filed in the above-captioned investigation relating to U.S.
Patent No. 6,760,590 (``the '590 patent''), which expired during the
pendency of an appeal before the Court. The Commission hereby dismisses
that portion of the complaint. The remand proceeding is hereby
terminated.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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#7c3938352f4f3419100c3c090f15081f521b130a"><span class="__cf_email__" data-cfemail="6421202d37572c0108142411170d10074a030b12">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on October 19, 2018, based on a complaint filed by INVT SPE LLC
(``INVT'') of San Francisco, California. 83 FR 53105 (Oct. 19, 2018).
The complaint alleges violations of section 337 of the Tariff Act of
1930, as amended (19 U.S.C. 1337) (``section 337''), in the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain LTE- and 3G-compliant
cellular communications devices by reason of infringement of certain
claims of five U.S. patents, including U.S. Patent Nos. 6,760,590;
7,206,587 (``the '587 patent''); and 7,848,439 (``the '439 patent'').
Id. The complaint further alleges that a domestic industry exists. Id.
The notice of investigation named as respondents Apple Inc. of
Cupertino, California; HTC Corporation of Taoyuan City, Taiwan; HTC
America, Inc. of Seattle, Washington; ZTE Corporation of Guangdong,
China; and ZTE (USA) Inc. of Richardson, Texas. Id. at 53106. The
Office of Unfair Import Investigations was also named as a party. Id.
On June 1, 2020, the Commission terminated the investigation with a
finding of no violation of section 337 as to certain claims of the
'590, '587, and '439 patents. 85 FR 34649-50 (June 5, 2020). INVT filed
an appeal with the Federal Circuit with respect to certain issues in
the Commission's final determination with respect to the '590 patent,
including claim construction, infringement, and the technical prong of
the domestic industry requirement.
The '590 patent expired on March 5, 2022, during the pendency of
the appeal before the Federal Circuit. On August 31, 2022, in a
precedential opinion, the Federal Circuit held that INVT's appeal as to
the '590 patent had become moot. INVT SPE LLC v. ITC, 46 F.4th 1361,
1370 (Fed. Cir. 2022) (``The expiration of the '590 patent, therefore,
has rendered this appeal moot with respect to that patent.''). The
Court vacated the Commission's determination as to the '590 patent, and
``remand[ed] with instructions to dismiss as moot the relevant portion
of the complaint.'' Id.; see also id. at 1365, 1381. On October 24,
2022, the Federal Circuit issued its mandate returning jurisdiction of
the matter to the Commission.
In accordance with the Court's remand instructions, the Commission
has determined to dismiss as moot the portion of INVT's complaint
relating to the '590 patent. In addition, we observe that the Federal
Circuit's vacatur of the Commission's final determination and the
dismissal of the complaint pursuant to the Court's remand order as to
the '590 patent sets aside all ALJ findings and Commission findings
related to that patent.
The remand proceeding is hereby terminated.
The Commission vote for this determination took place on March 3,
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: March 6, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-04817 Filed 3-8-23; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 9, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.