Notice2024-21114
Components for Certain Environmentally-Protected LCD Digital Displays and Products Containing the Same; Notice of a Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of Settlement; Termination of the Investigation
Primary source
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Published
September 17, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to grant a joint motion to terminate this investigation based on settlement.
Full Text
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<title>Federal Register, Volume 89 Issue 180 (Tuesday, September 17, 2024)</title>
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[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Notices]
[Pages 76146-76147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21114]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1349]
Components for Certain Environmentally-Protected LCD Digital
Displays and Products Containing the Same; Notice of a Commission
Determination To Grant a Joint Motion To Terminate the Investigation on
the Basis of 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 to grant a joint motion to
terminate this investigation based on settlement.
FOR FURTHER INFORMATION CONTACT: Joelle P. Justus, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2593. 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="a4e1e0edf797ecc1c8d4e4d1d7cdd0c78ac3cbd2">[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 January 10, 2023, the Commission
instituted this investigation based on a complaint filed by Samsung
Electronics Co., Ltd. of the Republic of Korea; Samsung Electronics
America, Inc. of Ridgefield Park, New Jersey; Samsung Research America,
Inc. of Mountain View, California; and Samsung International, Inc. of
Chula Vista, California (collectively, ``Samsung''). 88 FR 1404-05
(Jan. 10, 2023). The complaint alleged violations of section 337 based
on the importation into the United States, the sale for importation,
[[Page 76147]]
or the sale within the United States after importation of components
for certain environmentally-protected LCD digital displays and products
containing same by reason of infringement of certain claims of U.S.
Patent Nos. 7,948,575 (``the '575 patent''); 8,111,348 (``the '348
patent''); RE45,117 (``the '117 patent''); 8,842,253 (``the '253
patent''); and 8,223,311 (``the '311 patent''). Id. The Commission's
notice of investigation named Manufacturing Resources International,
Inc. (``MRI'') of Alpharetta, Georgia as the sole respondent. The
Office of Unfair Import Investigations was not named as a party in this
investigation. Id.
On October 10, 2023, the Commission determined not to review an
initial determination terminating the investigation as to all asserted
claims of the '575 patent; all asserted claims of the '348 patent;
claim 5 of the '117 patent; claims 1, 10, 11, and 16-19 of the '253
patent; and claims 1-3 and 7-12 of the '311 patent. Order No. 22,
unreviewed by Comm'n Notice (Oct. 10, 2023).
On April 16, 2024, the presiding administrative law judge issued a
final initial determination (``final ID'') on violation of section 337
and a recommended determination on remedy and bond. The final ID held
that no violation of section 337 has occurred in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of components of certain
environmentally-protected LCD digital displays and products containing
the same by reason of infringement of claims 1 and 2 of the '117
patent, claims 4, 6, and 13 of the '311 patent, and claim 12 of the
'253 patent.
On June 17, 2024, the Commission determined to review the final ID
in part. See 89 FR 52505 (June 24, 2024). The Commission asked the
parties to address a number of questions related to the issues under
review. Id. at 52506-07.
On July 1, 2024, Samsung and MRI each filed an initial written
response to the Commission's request for briefing. On July 9, 2024, the
parties each filed a reply submission.
On August 13, 2024, the parties filed a Joint Motion to Stay
Investigation and Extend Target Date. The parties stated they have
agreed to resolve the investigation based on the terms of the Binding
Term Sheet (Ex. A), but requested that the Commission stay the
investigation and extend the target date to August 30, 2024, to allow
the parties time to execute a final settlement agreement and file a
motion to terminate the investigation. The Commission granted the
motion, stayed the investigation, and extended the target date for
completion of the investigation to September 16, 2024. Comm'n Notice
(Aug. 16, 2024).
On August 28, 2024, the parties filed a Joint Motion for
Termination by Settlement (``Motion''). The parties submitted the
executed settlement agreement as Exhibit A to the Motion.
The Commission has determined that the Motion complies with the
requirements of Rule 210.21(b)(1) of the Commission's Rules of Practice
and Procedure (19 CFR 210.21(b)(1)), and that there are no
extraordinary circumstances that would prevent the requested
termination. The Commission also finds that granting the Motion would
not be contrary to the public interest pursuant to Rule 210.50(b)(2) of
the Commission's Rules of Practice and Procedure (19 CFR 210.50(b)(2)).
Accordingly, the Commission hereby grants the Motion. The Commission
takes no position as to the issues that remain under review.
This investigation is terminated.
The Commission vote for this determination took place on September
12, 2024.
This action is taken under the authority of 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: September 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-21114 Filed 9-16-24; 8:45 am]
BILLING CODE 7020-02-P
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