Notice2023-22872
Certain Semiconductor Devices Having Layered Dummy Fill, Electronic Devices, and Components Thereof; Notice of the Commission's Determination Not To Review an Initial Determination Terminating the Investigation Based on Withdrawal of the Complaint; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 17, 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 chief administrative law judge's ("CALJ") initial determination ("ID") (Order No. 25) terminating the investigation in its entirety based on Complainant's withdrawal of the complaint.
Full Text
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<title>Federal Register, Volume 88 Issue 199 (Tuesday, October 17, 2023)</title>
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[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71601-71602]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22872]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1342]
Certain Semiconductor Devices Having Layered Dummy Fill,
Electronic Devices, and Components Thereof; Notice of the Commission's
Determination Not To Review an Initial Determination Terminating the
Investigation Based on Withdrawal of the Complaint; 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 the presiding chief
administrative law judge's (``CALJ'') initial determination (``ID'')
(Order No. 25) terminating the investigation in its entirety based on
Complainant's withdrawal of the complaint.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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#93d6d7dac0a0dbf6ffe3d3e6e0fae7f0bdf4fce5"><span class="__cf_email__" data-cfemail="9adfded3c9a9d2fff6eadaefe9f3eef9b4fdf5ec">[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 November 29, 2022, based on a complaint filed by Bell Semiconductor,
LLC of Bethlehem, Pennsylvania (the ``Complainant''). 87 FR 73330-31
(Nov. 29, 2022). The complaint, as
[[Page 71602]]
supplemented, 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, and the sale within the United
States after importation of certain semiconductor devices having
layered dummy fill, electronic devices, and components thereof by
reason of infringement of certain claims of U.S. Patent No. 7,396,760.
The notice of investigation named fifteen respondents. Id. The Office
of Unfair Import Investigations (``OUII'') was also named as a party to
the investigation. Id.
Twelve of the named respondents have been terminated from the
investigation. Order No. 12 (Jan. 11, 2023), unreviewed by Comm'n
Notice (Feb. 8, 2023), Order No. 20 (Mar. 14, 2023), unreviewed by
Comm'n Notice (Apr. 3, 2023), and Order No. 21 (Mar. 28, 2023)
unreviewed by Comm'n Notice (Apr. 21, 2023). The three remaining
respondents are Omnivision Technologies, Inc., Skyworks Solutions,
Inc., and Arlo Technologies, Inc. (the ``Respondents'').
On May 8, 2023, Complainant filed a motion to terminate the
investigation based on the withdrawal of its allegations against the
three remaining Respondents, pursuant to an agreement with non-party
Siemens Industry Software, Inc. (``Siemens''). On June 9, 2023, the
presiding CALJ issued Order No. 23 granting the motion to terminate the
investigation.
On July 11, 2023, the Commission determined to review Order No. 23,
and on review, vacated the termination of the investigation and
remanded the investigation for further proceedings, because Complainant
did not comply with Commission Rule 210.21(a)(1), which requires filing
a copy of ``any agreements concerning the subject matter of the
investigation.'' 19 CFR 210.21(a)(1).
On September 1, 2023, Complainant filed a renewed motion to
terminate the investigation based on the withdrawal of its allegations
against the three remaining Respondents, attaching a copy of its
agreement with non-party Siemens. On September 13, 2023, OUII filed a
response in support of the renewed motion. No other responses were
filed.
On September 14, 2023, the presiding CALJ issued the subject ID
granting the renewed motion to terminate the investigation and finding
that Complainant complied with the requirements of Commission Rule
210.21(a)(1). No petitions for review of the ID were filed.
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 October
11, 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: October 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-22872 Filed 10-16-23; 8:45 am]
BILLING CODE 7020-02-P
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