Notice2023-12739
Certain Solar Power Optimizers, Inverters, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety; Termination of Investigation
Primary source
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Published
June 14, 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. 16) of the presiding chief administrative law judge ("CALJ") granting a joint motion to terminate the investigation in its entirety based upon settlement.
Full Text
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<title>Federal Register, Volume 88 Issue 114 (Wednesday, June 14, 2023)</title>
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[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Page 38895]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12739]
[[Page 38895]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1327]
Certain Solar Power Optimizers, Inverters, and Components
Thereof; Notice of a Commission Determination Not To Review an Initial
Determination Granting a Joint Motion To Terminate the Investigation in
Its Entirety; 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 (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 16) of the presiding chief
administrative law judge (``CALJ'') granting a joint motion to
terminate the investigation in its entirety based upon settlement.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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#e5a0a1acb6d6ad808995a590968c9186cb828a93"><span class="__cf_email__" data-cfemail="490c0d001a7a012c2539093c3a203d2a672e263f">[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 September 2, 2022, the Commission
instituted this investigation based on a complaint filed by Ampt, LLC
of Fort Collins, Colorado (``Ampt''). 87 FR 54262-63 (Sept. 2, 2022).
The complaint alleged violations of section 337 based on the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain solar power
optimizers, inverters, and components thereof by reason of infringement
of one or more of claims 1-3, 9, 10, and 12 of U.S. Patent No.
11,289,917 (``the '917 patent'') and claims 1, 3-5, 7-10, and 17 of
U.S. Patent No. 9,673,630 (``the '630 patent''). The Commission's
notice of investigation named SolarEdge Technologies, Inc. of Milpitas,
California and SolarEdge Technologies, Ltd. of Herzliya, Israel
(together, ``SolarEdge'') as the respondents. Id. The Office of Unfair
Import Investigations was not named as a party in the investigation.
Id.
On February 9, 2023, the CALJ issued an ID granting a motion to
terminate the investigation as to (1) claims 1-3, 9, and 10 of the '917
patent and (2) claims 1, 3, 5, and 7-9 of the '630 patent based upon
withdrawal of the allegations in the complaint as to these claims.
Order No. 10 (June 9, 2023), unreviewed by Comm'n Notice (Mar. 13,
2023).
On May 11, 2023, Ampt and SolarEdge jointly moved to terminate the
investigation in its entirety based upon reaching a settlement
agreement.
On May 22, 2023, the CALJ issued the subject ID granting the
motion. Commission Rule 210.21(a)(2) provides that ``[a]ny party may
move at any time to terminate an investigation in whole or in part as
to any or all respondents on the basis of a settlement, a licensing or
other agreement . . . .'' 19 CFR 210.21(a)(2). The ID found that in
compliance with 19 CFR 210.21(b)(1), ``the motion contains a statement
that there are no other agreements, written or oral, express or
implied, between the private parties concerning the subject matter of
the investigation.'' ID at 1. The parties also submitted confidential
and public versions of the settlement agreement. Id. The ID further
found that ``any effect the proposed termination of this investigation
may have on the public interest factors set forth in Commission Rule
210.50(b)(2) does not counsel against termination of the
investigation'' and that ``termination of the investigation will
preserve Commission resources and avoid unnecessary litigation.'' Id.
at 2. No one petitioned for review of the subject ID.
The Commission has determined not to review the subject ID. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on June 8,
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: June 9, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-12739 Filed 6-13-23; 8:45 am]
BILLING CODE 7020-02-P
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