Notice2024-17836
Certain Electronic Devices and Semiconductor Devices Having Wireless Communication Capabilities and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation as to ASUS Based on Settlement; Termination of the Investigation
Primary source
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Published
August 12, 2024
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. 54) issued by the presiding administrative law judge ("ALJ") granting an unopposed motion for termination of the investigation as to respondents ASUSTek Computer Inc. and ASUS Computer International (collectively, "ASUS") based on settlement. The investigation is terminated in its entirety.
Full Text
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<title>Federal Register, Volume 89 Issue 155 (Monday, August 12, 2024)</title>
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[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Notices]
[Pages 65669-65670]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17836]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1367]
Certain Electronic Devices and Semiconductor Devices Having
Wireless Communication Capabilities and Components Thereof; Notice of a
Commission Determination Not To Review an Initial Determination
Granting a Motion To Terminate the Investigation as to ASUS 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 (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 54) issued by the presiding
administrative law judge (``ALJ'') granting an unopposed motion for
termination of the investigation as to respondents ASUSTek Computer
Inc. and ASUS Computer International (collectively, ``ASUS'') based on
settlement. The investigation is terminated in its entirety.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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#7336373a20403b161f033306001a07105d141c05"><span class="__cf_email__" data-cfemail="286d6c617b1b604d4458685d5b415c4b064f475e">[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 July 27, 2023, the Commission instituted
this investigation, based on a complaint filed by Bell Northern
Research, LLC (``Complainant'') of Chicago, Illinois. 88 FR 48493-494
(Jul. 27, 2023). The complaint, as supplemented, alleged a violation 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 electronic devices and semiconductor devices having wireless
communication
[[Page 65670]]
capabilities and components thereof by way of infringement of certain
claims of U.S. Patent Nos. 8,416,862 (``the '862 patent''); RE 48,629
(``the '629 patent''); and 7,564,914 (``the '914 patent''). Id. at
48493. The complaint also alleged a domestic industry exists. Id. The
Commission's notice of investigation named eight (8) respondents: NXP
Semiconductors, N.V. of Eindhoven, Netherlands; NXP USA, Inc. of
Austin, Texas (collectively, ``NXP''); Laird Connectivity, LLC
(``Laird'') of Akron, Ohio; Qualcomm Technologies, Inc. (``Qualcomm'')
of San Diego, California; MediaTek Inc. of Taipei, Taiwan; MediaTek USA
Inc. of San Jose, California; ASUSTek Computer Inc. of Taipei, Taiwan;
and ASUS Computer International of Fremont, California. Id. at 48494.
The Office of Unfair Import Investigations (``OUII'') is also
participating in this investigation. Id.
The investigation was terminated as to Qualcomm, Laird, and NXP and
as to the '914 and '862 patents based on withdrawal of the complaint.
See Order No. 12 (Sept. 1, 2023), unreviewed by Comm'n Notice (Sept.
22, 2023); Order No. 33 (Jan. 30, 2024), unreviewed by Comm'n Notice
(Feb. 29, 2024); Order No. 37 (Feb. 27, 2024), unreviewed by Comm'n
Notice (Mar. 25, 2024); Order No. 52 (May 1, 2024), unreviewed by
Comm'n Notice (May 22, 2024).
Respondents MediaTek Inc. and MediaTek USA Inc. were terminated
from the investigation based on settlement. See Order No. 53 (May 30,
2024), unreviewed by Comm'n Notice (Jun. 26, 2024).
On July 9, 2024, Complainant moved to terminate the investigation
as to ASUS based on settlement. Complainant provided both confidential
and public versions of the settlement and license agreement with its
motion. OUII filed a response supporting the motion. No other party
filed a response.
On July 16, 2024, the ALJ issued the subject ID (Order No. 54)
granting the motion to terminate ASUS. The ID found the motion complies
with the Commission Rules. ID at 1-2. The ID also observed that
termination of this investigation as to ASUS based on settlement will
not adversely affect the public interest. Id. at 2-3. No party filed a
petition for review of the subject ID.
The Commission has determined not to review the subject ID. The
last remaining respondents, ASUSTek Computer Inc. and ASUS Computer
International, are terminated from the investigation based on
settlement. The investigation is terminated in its entirety.
The Commission vote for this determination took place on August 6,
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: August 6, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-17836 Filed 8-9-24; 8:45 am]
BILLING CODE 7020-02-P
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