Notice2023-06371
Certain Cellular Base Station Communication Equipment, Components Thereof, and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
Primary source
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Published
March 28, 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. 27) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the investigation in its entirety based on settlement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 59 (Tuesday, March 28, 2023)</title>
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[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Page 18332]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06371]
[[Page 18332]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1302]
Certain Cellular Base Station Communication Equipment, Components
Thereof, and Products Containing Same; Notice of Commission
Determination Not To Review an Initial Determination Terminating the
Investigation Based on Settlement; 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. 27) of the presiding administrative
law judge (``ALJ'') granting a joint motion to terminate the
investigation in its entirety based on settlement. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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#3471707d67077c5158447441475d40571a535b42"><span class="__cf_email__" data-cfemail="f0b5b4b9a3c3b8959c80b08583998493de979f86">[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 February 25, 2022, the Commission
instituted this investigation based on a complaint, as amended, filed
on behalf of Apple Inc. of Cupertino, California (``Apple''). 87 FR
10819 (Feb. 25, 2022). The complaint alleged violations of section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain cellular
base station communication equipment, components thereof, and products
containing same that infringe claims 1-3, 11, and 12 of U.S. Patent No.
9,882,282 (``the '282 patent''); claims 1-4, 6-10, 18, 19, and 21 of
U.S. Patent No. 10,263,340 (``the '340 patent''); and claims 1-6, 13
and 14 of U.S. Patent No. 9,667,290 (``the '290 patent''). Id. The
complaint also alleges that a domestic industry exists. Id. The
Commission's notice of investigation names as respondents Ericsson AB
of Stockholm, Sweden, and Ericsson Inc. of Plano, Texas (together,
``Ericsson''). Id. The Office of Unfair Import Investigations
(``OUII'') is participating in this investigation on the issues of
remedy, the public interest, and bonding. Commission Investigative
Staff's Notice of Partial Participation (Mar. 7, 2022).
On December 2, 2022, the Commission determined not to review an ID
granting Apple's motion for summary determination that it has satisfied
the economic prong of the domestic industry requirement with respect to
the '282, '340, and '290 patents. Order No. 17 (Nov. 2, 2022);
unreviewed by Comm'n Notice (Dec. 2, 2022).
On February 6, 2023, Apple and Ericsson filed a joint motion to
terminate the investigation based on a settlement agreement. On
February 7, 2023, OUII filed a response in support of the motion.
On February 22, 2023, the ALJ issued the subject ID pursuant to
Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), granting the
motion. The ID finds that terminating the investigation based on
settlement has no adverse effect on the public interest. No party
petitioned for review of the ID.
The Commission has determined not to review the subject ID. The
investigation is hereby terminated in its entirety.
The Commission vote for this determination took place on March 22,
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 23, 2023.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2023-06371 Filed 3-27-23; 8:45 am]
BILLING CODE 7020-02-P
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