Notice2024-23402
Certain Memory Devices and Electronic Devices Containing the Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating an Investigation Based on a Settlement Agreement; Termination of Investigation
Primary source
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Published
October 10, 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. 10) of the presiding administrative law judge ("ALJ") granting a joint motion to terminate the investigation based on a settlement agreement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82257-82258]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23402]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1406]
Certain Memory Devices and Electronic Devices Containing the
Same; Notice of a Commission Determination Not To Review an Initial
Determination Terminating an Investigation Based on a Settlement
Agreement; Termination of 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. 10) of the presiding administrative
law judge (``ALJ'') granting a joint motion to terminate the
investigation based on a settlement agreement. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3228. 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#4f0a0b061c7c072a233f0f3a3c263b2c61282039"><span class="__cf_email__" data-cfemail="8bcecfc2d8b8c3eee7fbcbfef8e2ffe8a5ece4fd">[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 July 9, 2024, based on a complaint filed by MimirIP LLC of Dallas,
Texas (``Complainant'' or ``Mimir''). 89 FR 56406-407 (July 9, 2024).
The complaint, as supplemented, alleges violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain memory devices and
electronic devices containing the same by reason of the infringement of
certain claims of U.S. Patent Nos. 7,468,928; 7,579,846; and 8,036,053.
Id. The complaint further alleges that a domestic industry exists. Id.
The Commission's notice of investigation named as respondents Micron
Technology Inc. of Boise, Idaho; Hewlett Packard Enterprise Co. of
Spring, Texas; HP, Inc. of Palo Alto, California; Kingston Technology
Company, Inc. of Fountain Valley, California; Lenovo Group Limited of
Hong Kong; Lenovo (United States) Inc. of Morrisville, North Carolina;
and Tesla Inc. of Austin, Texas. Id. The Office of Unfair Import
Investigations (``Staff'') is participating in the investigation for
issues relating to the economic prong of the domestic industry
requirement, remedy, and public interest only. EDIS Doc. ID 826262
(July 17, 2024).
The Commission previously terminated respondent Lenovo Group
Limited from this investigation and amended the complaint and the
notice of investigation to add Lenovo PC HK Limited of Hong Kong and
Lenovo Global Technology (United States) Inc. of Morrisville, North
Carolina as respondents. Order No. 8 (Aug. 8, 2024), unreviewed by 89
FR 68645 (Aug. 27, 2024).
On August 27, 2024, Complainant and respondent Micron Technology,
Inc. jointly moved for termination of this investigation in its
entirety based on settlement agreements, which are ``a [sublicense]
agreement between Mimir and SK hynix Inc. and a patent license
agreement between SK hynix and Micron.'' ID at 1 n. 1 (citing Mot. at
2). The joint motion notes that it is ``based on an agreement between
Mimir and SK hynix and an agreement between SK hynix and Micron, which
`collectively resolve all claims in the complaint asserted against all
Respondents in this Investigation.' '' Id. at 2 (citing Mot. at 2). The
joint motion notes that it is not opposed by the non-moving
respondents, Hewlett Packard Enterprise Co., HP Inc., Kingston
Technology Company, Inc., Lenovo PC HK Limited, Lenovo Global
Technology (United States) Inc., Lenovo (United States) Inc., and
Tesla, Inc. On September 5, 2024, Staff filed a response supporting the
joint motion. No other responses were filed.
On September 12, 2024, the presiding ALJ issued the subject ID
granting the joint motion to terminate the investigation. Order No. 10
(Sept. 12, 2024). The subject ID finds that the joint motion complies
with Commission Rule 210.21(b)(1) (19 CFR 210.21(b)) and that no
extraordinary circumstances prevent granting the motion. The ID also
finds that termination of the investigation based on settlement would
not be contrary to the public interest.
No petitions for review of the ID were filed.
The Commission has determined not to review the subject ID (Order
No. 10). The investigation is terminated.
The Commission vote for this determination took place on October 4,
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.
[[Page 82258]]
Issued: October 4, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-23402 Filed 10-9-24; 8:45 am]
BILLING CODE 7020-02-P
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