Notice2023-08733
Certain Active Matrix Organic Light-Emitting Diode Display Panels and Modules for Mobile Devices, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainant Samsung Display Co., Ltd.'s Motion for Leave To Amend the Complaint and Notice of Investigation
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Published
April 26, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 8) granting a motion of complainant Samsung Display Co., Ltd. ("Samsung Display") for leave to amend the complaint and notice of investigation.
Full Text
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<title>Federal Register, Volume 88 Issue 80 (Wednesday, April 26, 2023)</title>
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[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25433-25434]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08733]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1351]
Certain Active Matrix Organic Light-Emitting Diode Display Panels
and Modules for Mobile Devices, and Components Thereof; Notice of a
Commission Determination Not To Review an Initial Determination
Granting Complainant Samsung Display Co., Ltd.'s Motion for Leave To
Amend the Complaint and Notice 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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8)
granting a motion of complainant Samsung Display Co., Ltd. (``Samsung
Display'') for leave to amend the complaint and notice of
investigation.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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#82c7c6cbd1b1cae7eef2c2f7f1ebf6e1ace5edf4"><span class="__cf_email__" data-cfemail="0b4e4f425838436e677b4b7e78627f68256c647d">[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: On February 3, 2023, the Commission
instituted this investigation based on a complaint filed by Samsung
Display of the Republic of Korea. 88 FR 7463-64 (Feb. 3, 2023). The
complaint alleges 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,
[[Page 25434]]
or sale within the United States after importation of certain active
matrix organic light-emitting diode display panels and modules for
mobile devices, and components thereof by reason of the infringement of
certain claims of U.S. Patent Nos. 9,818,803; 10,854,683; 7,414,599;
and 9,330,593. Id. The Commission's notice of investigation named the
following respondents: Apt-Ability LLC d/b/a MobileSentrix of
Chantilly, VA (``Apt-Ability''); Mobile Defenders, LLC of Caledonia, MI
(``Mobile Defenders''); DFW Imports LLC d/b/a DFW Cellphone and Parts
of Dallas, TX (``DFW Imports''); Electronics Universe, Inc. d/b/a
<a href="http://Fixez.com">Fixez.com</a> of Las Vegas, NV and Electronics Universe, Inc. d/b/a Repairs
Universe, Inc. of Las Vegas, NV (``Electronics Universe''); eTech Parts
Plus LLC of Southlake, TX (``eTech Parts Plus''); Gadgetfix Corp. of
Irvine, CA (``Gadgetfix''); Injured Gadgets, LLC of Norcross, GA
(``Injured Gadgets''); LCTech International Inc. d/b/a <a href="http://SEGMobile.com">SEGMobile.com</a> of
City of Industry, CA (``LCTech International''); Parts4Cells Inc. of
Houston, TX (``Parts4Cells''); Phone LCD Parts LLC of Wayne, NJ;
Parts4LCD of Wayne, NJ; Wholesale Gadget Parts, Inc. of Bixby, OK
(``Wholesale Gadget Parts''); Group Vertical, LLC of Grand Rapids, MI;
Sourcely Plus, LLC of Tempe, AZ; Captain Mobile Parts, Inc. of Dallas,
TX; and Mengtor Inc. of El Monte, CA. Id. The Office of Unfair Import
Investigations (``OUII'' or ``Staff'') was also named as a party in
this investigation. Id.
On March 15, 2023, the presiding ALJ granted Mianyang BOE
Optoelectronics Technology Co., Ltd.'s (``Mianyang BOE'') unopposed
motion to intervene as a respondent in this investigation and accorded
Mianyang BOE respondent status. (Order No. 7) (Mar. 15, 2023)
unreviewed by, Comm'n Notice (Mar. 22, 2023).
On March 10, 2023, Samsung Display moved for leave to amend the
complaint and notice of investigation to add allegations of
infringement related to claims 1-6, 10, 12, 17, 19, 21-23, 40-47, and
51-52 of U.S. Patent No. 11,594,578 (``the '578 patent''). ID at 1. In
its motion, Samsung argued that the '578 patent recently issued and
``is a continuation of two other patents (U.S. Patent Nos. 9,818,803
(`the '803 patent') and 10,854,683 (`the '683 patent')) asserted in
this investigation.'' Id. at 2. Samsung further claimed that it worked
``diligently to prepare the instant motion'' and that respondents
``will not be prejudiced as the investigation is `in its early stages'
and `no new technologies or products will be implicated by addition of
the '578 Patent.' '' Id. at 2.
On March 22, 2023, respondents Apt-Ability, Mobile Defenders, DFW
Imports, Electronics Universe, eTech Parts Plus, Gadgetfix, Injured
Gadgets, LCTech International, Parts4Cells, Phone LCD Parts LLC d/b/a
Parts4LCD (together, ``Phone LCD Parts''), and Wholesale Gadget Parts
(collectively, the ``Participating Respondents'') filed a response
opposing the motion. Id. at 1. They argued that ``the '578 patent was
allowed on December 23, 2022, almost three months ago, and before
Samsung Display filed its complaint.'' Id. at 2. They also claimed that
`` `forcing [them] to defend against twenty-five additional claims
would be burdensome and prejudicial.' '' Id. at 3 (brackets in ID).
They asked that if the motion is granted, the procedural schedule
should be extended ``to mitigate any prejudice.'' Id.
Also on March 22, 2023, Staff filed a response in support of
Samsung Display's motion. See id. at 2-3. The Staff argued that adding
the '578 patent is in the public interest `` `because doing so would
allow for the efficient adjudication of all three patents.' '' However,
the Staff requested that ``the parties be permitted to submit a joint
proposal regarding a revised procedural schedule'' to avoid any
prejudice to respondents. See id. at 3.
``Respondent [Mianyang BOE] filed a notice of joinder as to the
Participating Respondents' opposition on March 23, 2023.'' Id. at 1-2.
On March 28, 2023, the ALJ issued the subject ID (Order No. 8),
granting Samsung Display's motion. The ID finds that Samsung Display
had established good cause for the proposed amendment pursuant to
Commission Rule 210.14(b) (19 CFR 210.14(b)). As the ID explains,
``[w]hile the '578 patent was allowed in December, it formally issued
on February 28, 2023. . . . Samsung Display could therefore not have
asserted the '578 patent at the time it filed its complaint or prior to
institution of this investigation.'' Id. at 4. The ID also states that
``the '578 patent is a continuation of the '683 patent, which itself is
a continuation of the '803 patent.'' Id. The ID notes that all three
patents are `` `in the same family, name the same inventor, and share
the same written description,' and `[t]he products accused of
infringing the '578 Patent are the same as those accused of infringing
the '803 and '683 Patents.' '' Id. (brackets in ID). However, the ID
determines that ``to avoid prejudicing the Participating Respondents
(and Staff), an extension of the procedural schedule is warranted.''
Id. at 5.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID.
Pursuant to Commission Rule 210.14, the Notice of Investigation is
amended to include claims 1-6, 10, 12, 17, 19, 21-23, 40-47, and 51-52
of the '578 patent.
The Commission vote for this determination took place on April 20,
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: April 20, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-08733 Filed 4-25-23; 8:45 am]
BILLING CODE 7020-02-P
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