Notice2023-18122
Certain Mobile Electronic Devices; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation
Primary source
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Published
August 23, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 35) of the presiding Administrative Law Judge ("ALJ") terminating the investigation in its entirety based on settlement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
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[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Page 57476]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18122]
[[Page 57476]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1324]
Certain Mobile Electronic Devices; Notice of Commission Decision
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 has determined not to review an initial determination
(``ID'') (Order No. 35) of the presiding Administrative Law Judge
(``ALJ'') terminating the investigation in its entirety based on
settlement. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#c782838e94f48fa2abb787b2b4aeb3a4e9a0a8b1"><span class="__cf_email__" data-cfemail="e7a2a3aeb4d4af828b97a792948e9384c9808891">[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 August 22, 2022, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a
complaint filed by Maxell, Ltd. of Kyoto, Japan (``Complainant''). See
87 FR 51445-46 (Aug. 22, 2022). The complaint, as supplemented, alleges
a violation of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain mobile electronic devices by reason of
infringement of certain claims of U.S. Patent Nos. 7,199,821;
7,324,487; 8,170,394 (``the '394 patent''); 8,982,086; 10,129,590
(``the '590 patent''); and 10,244,284 (``the '284 patent''). The notice
of investigation names Lenovo Group Ltd. of Beijing, China; Lenovo
(United States) Inc. of Morrisville, North Carolina; and Motorola
Mobility LLC of Libertyville, Illinois (collectively, ``Respondents'')
as respondents in the investigation. See id. The Office of Unfair
Import Investigations (``OUII'') is also a party to the investigation.
See id.
On March 6, 2023, the Commission partially terminated the
investigation as to the '590 and '284 patents based on the withdrawal
of the complaint as to those patents. See Order No. 16 (Feb. 6, 2023),
unreviewed by Comm'n Notice (Mar. 6, 2023). On May 15, 2023, the
Commission partially terminated the investigation as to the '394 patent
based on the withdrawal of the complaint as to that patent. See Order
No. 22 (Apr. 13, 2023), unreviewed by Comm'n Notice (May 15, 2023).
On July 17, 2023, Complainant and Respondents jointly moved to
terminate the investigation in its entirety based on settlement. On
July 20, 2023, OUII filed a response in support of the joint motion.
On July 26, 2023, the ALJ issued the subject ID (Order No. 35)
granting the joint motion to terminate the investigation based on
settlement. The ID finds that the joint motion complies with Commission
Rules 210.21(a), (b) (19 CFR 210.21(a), (b)). See ID at 1-2.
Specifically, the ID notes that the joint motion includes confidential
and public copies of the settlement agreement. See id. at 2. In
addition, the motion states that ``there are no other agreements,
written or oral, express or implied, relating to the subject matter of
this Investigation.'' See id. Furthermore, in accordance with
Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)), the ID finds ``no
evidence of any adverse impact on the public interest from termination
of this investigation by settlement.'' See id.
No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID. The
investigation is terminated.
The Commission's vote for this determination took place on August
17, 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: August 18, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-18122 Filed 8-22-23; 8:45 am]
BILLING CODE 7020-02-P
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