Notice2023-05746
Certain Mobile Telephones, Tablet Computers With Cellular Connectivity, and Smart Watches With Cellular Connectivity, Components Thereof, and Products Containing Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement and To Review and Take No Position on an Initial Determination Granting in Part a Motion for Summary Determination Concerning the Economic Prong of the Domestic Industry Requirement; Termination of the Investigation
Primary source
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Published
March 21, 2023
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. 26) of the presiding administrative law judge ("ALJ") terminating the investigation on the basis of settlement and to review and take no position on an ID (Order No. 22) granting in part a motion for summary determination concerning the economic prong of the domestic industry requirement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 54 (Tuesday, March 21, 2023)</title>
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[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17016-17017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05746]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1299]
Certain Mobile Telephones, Tablet Computers With Cellular
Connectivity, and Smart Watches With Cellular Connectivity, Components
Thereof, and Products Containing Same; Commission Determination Not To
Review an Initial Determination Terminating the Investigation Based on
Settlement and To Review and Take No Position on an Initial
Determination Granting in Part a Motion for Summary Determination
Concerning the Economic Prong of the Domestic Industry Requirement;
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. 26) of the presiding administrative
law judge (``ALJ'') terminating the investigation on the basis of
settlement and to review and take no position on an ID (Order No. 22)
granting in part a motion for summary determination concerning the
economic prong of the domestic industry requirement. 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#aeebeae7fd9de6cbc2deeedbddc7dacd80c9c1d8"><span class="__cf_email__" data-cfemail="1653525f45255e737a665663657f627538717960">[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 24, 2022. 87 FR 10384 (Feb. 24, 2022). The complaint, as
filed and supplemented by Ericsson Inc. of Plano, TX and
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden (collectively,
``Ericsson''), 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 mobile telephones, tablet computers with
cellular connectivity, and smart watches with cellular connectivity,
components thereof, and products containing same by reason of
infringement of certain claims of U.S. Patent No. 8,102,805 (``the '805
patent''); U.S. Patent No. 9,532,355 (``the '355 patent''); U.S. Patent
No. 11,139,872 (``the '872 patent''); and U.S. Patent No. 10,425,817
(``the '817 patent''). Id. The complaint further alleges that a
domestic industry exists. Id. The Commission's notice of investigation
named Apple, Inc. of Cupertino, CA as the sole respondent. Id. at
10385. The Office of Unfair Import Investigations is participating in
the investigation. Id.
On August 22, 2022, Ericsson moved unopposed for summary
determination that it satisfied the economic prong of the domestic
industry requirement of section 337 with respect to each of the four
asserted patents based on showings pursuant to section 337(a)(3)(A) and
(B).
On November 15, 2022, the ALJ issued Order No. 22, which granted
Ericsson's motion in part. Specifically, the ID granted summary
determination
[[Page 17017]]
that Ericsson satisfied the economic prong of the domestic industry
requirement for the '805, '355, and '872 patents based on showings
under 337(a)(3)(A) and (B). For the '817 patent, the ID found that
Ericsson satisfied the economic prong of the domestic industry
requirement based on its showing under section 337(a)(3)(A) only. The
ID found that a genuine issue of material fact precluded granting
summary determination as to the '817 patent based on Ericsson's showing
under section 337(a)(3)(B). No petitions for review of Order No. 22
were filed. Thereafter, the Commission extended the time to determine
whether to review Order No. 22 to March 16, 2023.
On February 24, 2023, the ALJ issued Order No. 26, which granted
the parties' joint motion to terminate this investigation in its
entirety on the basis of settlement between the parties. The ID found
that the motion complied with the applicable Commission rules. See 19
CFR 210.21(b)(1). The ID also found that termination of the
investigation based on settlement is not contrary to the public
interest. No petitions for review of Order No. 26 were filed.
The Commission has determined not to review Order No. 26 and to
review and take no position on Order No. 22. This investigation is
terminated in its entirety.
The Commission vote for this determination took place on March 15,
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 15, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-05746 Filed 3-20-23; 8:45 am]
BILLING CODE 7020-02-P
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