Notice2023-27897
Certain Semiconductor Devices, Mobile Services Contacting the Same, and Components Thereof; Notice of a Commission Determination Not to Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Due to Settlement; Termination of the Investigation
Primary source
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Published
December 20, 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. 78) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the investigation due to settlement.
Full Text
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<title>Federal Register, Volume 88 Issue 243 (Wednesday, December 20, 2023)</title>
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[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88112-88113]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27897]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1336]
Certain Semiconductor Devices, Mobile Services Contacting the
Same, and Components Thereof; Notice of a Commission Determination Not
to Review an Initial Determination Granting a Joint Motion To Terminate
the Investigation Due to 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. 78) of the presiding administrative
law judge (``ALJ'') granting a joint motion to terminate the
investigation due to settlement.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3115. 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#a6e3e2eff595eec3cad6e6d3d5cfd2c588c1c9d0"><span class="__cf_email__" data-cfemail="d297969b81e19ab7bea292a7a1bba6b1fcb5bda4">[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: The Commission instituted this investigation
on October 19, 2022, based on a complaint filed on behalf of Daedalus
Prime LLC (``Daedalus'' or ``Complainant'') of Bronxville, New York. 87
FR 63524-25 (Oct. 19, 2022). The complaint, as supplemented, alleges
violations 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 semiconductor devices, mobile devices
containing the same, and components thereof by reason
[[Page 88113]]
of the infringement of certain claims of U.S. Patent Nos. 9,831,306
(``the '306 patent''); 10,319,812 (``the '812 patent''); 10,700,178;
and 11,251,281. The Commission's notice of investigation named as
respondents Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do,
Republic of Korea and Samsung Electronics America, Inc. of Ridgefield
Park, New Jersey (collectively, ``Samsung''); Taiwan Semiconductor
Manufacturing Company Limited of Hsinchu City, Taiwan and TSMC North
America of San Jose, California (collectively, ``TSMC''). The Office of
Unfair Import Investigations (``OUII'') is also a party in this
investigation.
Subsequently, the investigation was terminated with respect to the
'306 and the '812 patents. Order No. 35 (June 9, 2023), unreviewed by
Comm'n Notice (July 10, 2023). Furthermore, the ALJ granted
Complainant's motion for summary determination that the TSMC
respondents are not licensed to the asserted patents. Order No. 49
(July 17, 2023), reviewed and, on review, vacated in part and affirmed
in part with modified reasoning by Comm'n Notice (August 23, 2023).
Also, the investigation was terminated with respect to the Samsung
respondents. Order No. 52 (August 7, 2023), unreviewed by Comm'n Notice
(Sep. 5, 2023).
On October 18, 2023, Daedalus and the TSMC respondents (Daedalus
and TSMC together, the ``Moving Parties'') filed a joint motion to,
inter alia, terminate the investigation based on settlement.
(``Mot.''). On October 24, 2023, OUII filed a response supporting the
motion. (``Staff Resp.'').
On November 14, 2023, the ALJ issued an ID (Order No. 78) granting
the joint motion. The ID noted that, consistent with Commission Rule
210.21(b)(1), Daedalus and TSMC attach a copy of a Settlement and
Patent License Agreement, a Patent Purchase Agreement, and two binding
Term Sheets as Exhibits 1-4 to their motion. ID at 2. The ID further
noted that, in addition, pursuant to Commission Rule 210.21(b)(1), the
motion states that ``[t]here are no other agreements, written or oral,
express or implied, between Daedalus and TSMC concerning the subject
matter of this Investigation.'' Id. (citing Mot. at 2).
The ID further noted that Daedalus and TSMC submit that termination
``will not adversely affect the public interest'' and that
``[t]ermination will also conserve Commission resources, including
those of the Administrative Law Judge and the Commission Investigative
Staff, as well as those of the Moving Parties.'' Id. (citing Mot. at 2-
3). The ID noted that in its response to the Moving Parties' motion to
terminate, OUII states that ``Staff is not aware of any reason why
termination of this investigation on the basis of the Agreements would
be contrary to the public health and welfare, competitive conditions in
the U.S. economy, the production of like or directly competitive
articles in the United States, or U.S. consumers[ ]'' and that ``the
public interest favors settlement to avoid unnecessary litigation and
to conserve public and private resources.'' Id. (citing Staff Resp. at
4). The ID found no evidence of any adverse impact on the public
interest from the termination of the investigation and granted the
motion thus terminating the investigation. Id. at 2-3.
The Commission has determined not to review the ID. The
investigation is hereby terminated.
The Commission vote for this determination took place on December
14, 2023.
By order of the Commission.
Issued: December 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-27897 Filed 12-19-23; 8:45 am]
BILLING CODE 7020-02-P
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