Notice2024-08025
Certain Integrated Circuits, Mobile Devices Containing the Same, and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation in its Entirety Based on Settlement; Termination of the Investigation
Primary source
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Published
April 16, 2024
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. 84) of the presiding Administrative Law Judge ("ALJ") terminating the above-captioned investigation in its entirety based on settlement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 74 (Tuesday, April 16, 2024)</title>
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[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Notices]
[Pages 26917-26918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08025]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1335]
Certain Integrated Circuits, Mobile Devices Containing the Same,
and Components Thereof; Notice of Commission Decision Not To Review an
Initial Determination Terminating the Investigation in its Entirety
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. 84) of the presiding Administrative Law Judge
(``ALJ'') terminating the above-captioned 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#1c5958554f2f5479706c5c696f75687f327b736a"><span class="__cf_email__" data-cfemail="e8adaca1bbdba08d8498a89d9b819c8bc68f879e">[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
[[Page 26918]]
obtained by contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On October 19, 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 Daedalus Prime LLC (``Daedalus'') of Bronxville, New
York. See 87 FR 63528-29 (Oct. 19, 2022). The complaint 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 integrated circuits, mobile devices
containing the same, and components thereof by reason of infringement
of certain claims of U.S. Patent Nos. 8,775,833 (``the '833 patent'');
8,898,494 (``the '494 patent''); 10,049,080 (``the '080 patent''); and
10,705,588 (``the '588 patent''). See id. The notice of investigation
names the following respondents: Samsung Electronics Co., Ltd. of
Suwon-si, Republic of Korea and Samsung Electronics America, Inc. of
Ridgefield Park, New Jersey (collectively, ``Samsung'') and Qualcomm
Inc. (``Qualcomm'') of San Diego, California. See id. The Office of
Unfair Import Investigations (``OUII'') is also a party to the
investigation. See id.
On July 19, 2023, the Commission terminated the investigation as to
Samsung based on settlement. See Order No. 39 (June 21, 2023),
unreviewed by Comm'n Notice (July 19, 2023).
The Commission also terminated the investigation as to claims 6-19
of the '588 patent and all asserted claims of the '494, '833, and '080
patents, based on the withdrawal of the allegations in the complaint as
to those claims. See Order No. 31 (May 18, 2023), unreviewed by Comm'n
Notice (June 12, 2023); Order No. 32 (May 18, 2023), unreviewed by
Comm'n Notice (June 12, 2023); Order No. 42 (June 30, 2023), unreviewed
by Comm'n Notice (July 28, 2023); Order No. 49 (Aug. 1, 2023),
unreviewed by Comm'n Notice (Aug. 28, 2023); Order No. 59 (Aug. 14,
2023), unreviewed by Comm'n Notice (Sept. 11, 2023).
On February 29, 2024, complainant Daedalus and respondent Qualcomm
(collectively, ``the Private Parties'') filed a joint motion to
terminate the investigation in its entirety based on settlement. On
March 11, 2024, OUII filed a response supporting the joint motion to
terminate.
On March 12, 2024, the ALJ issued the subject ID (Order No. 84)
granting the joint motion to terminate the investigation based on
settlement. Pursuant to Commission Rule 210.21(b) (19 CFR 210.21(b)),
the ID notes that the Private Parties included public and confidential
versions of the settlement agreement between them. See ID at 3. The ID
also notes that ``the Private Parties represent that there are no other
agreements, written or oral, express or implied, between them
concerning the subject matter of this Investigation.'' Id. The ID
further notes that ``in the absence of extraordinary circumstances,
termination of an investigation will be readily granted to a
complainant during the prehearing stage of an investigation.'' Id. at
2.
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 April
11, 2024.
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 11, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-08025 Filed 4-15-24; 8:45 am]
BILLING CODE 7020-02-P
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