Notice2024-25327
Certain Computing Devices Utilizing Indexed Search Systems and Components Thereof; Notice of Commission Determination To Review and, on Review, To Affirm an Initial Determination Granting in Part Respondents' Motion for Summary Determination of Noninfringement
Primary source
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Published
October 31, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review and, on review, to affirm with modified and supplemental reasoning the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 18) granting in part the respondents' motion for summary determination of noninfringement with respect to U.S. Patent No. 8,498,977 ("the '977 patent"). The '977 patent is terminated from the investigation.
Full Text
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<title>Federal Register, Volume 89 Issue 211 (Thursday, October 31, 2024)</title>
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[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Page 86838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25327]
[[Page 86838]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1389]
Certain Computing Devices Utilizing Indexed Search Systems and
Components Thereof; Notice of Commission Determination To Review and,
on Review, To Affirm an Initial Determination Granting in Part
Respondents' Motion for Summary Determination of Noninfringement
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review and, on review, to affirm with
modified and supplemental reasoning the presiding administrative law
judge's (``ALJ'') initial determination (``ID'') (Order No. 18)
granting in part the respondents' motion for summary determination of
noninfringement with respect to U.S. Patent No. 8,498,977 (``the '977
patent''). The '977 patent is terminated from the investigation.
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#3673727f65057e535a467643455f425518515940"><span class="__cf_email__" data-cfemail="3c7978756f0f7459504c7c494f55485f125b534a">[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 29, 2024, the Commission
instituted this investigation under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based on a complaint filed by X1
Discovery, Inc. of Pasadena, California (``Complainant''). See 89 FR
5574-75 (Jan. 29, 2024). The complaint, as amended, 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 computing devices utilizing indexed search
systems and components thereof by reason of the infringement of certain
claims of the '977 patent and U.S. Patent No. 8,856,093 (``the '093
patent''). Id. The complaint also alleges that a domestic industry
exists. Id. The notice of investigation names seven respondents,
including: ASUSTeK Computer Inc. of Taipei City, Taiwan; ASUS Computer
International of Fremont, California; Acer Inc. of Xizhi, Taiwan; Acer
America Corporation of San Jose, California; Dell Technologies Inc. and
Dell Products, both of Round Rock, Texas; and Dell (Chengdu) Company
Limited of Sichuan, China (``Dell Chengdu''). Id. The Office of Unfair
Import Investigations is not participating in this investigation.
The Commission previously terminated respondent Dell Chengdu based
on partial withdrawal of the complaint. Order No. 8 (May 6, 2024),
unreviewed by Comm'n Notice (May 22, 2024).
The Commission also previously terminated the investigation as to
claims 5, 8-11, 13, 15-16, and 20 of the '977 patent and claims 1-7,
11-12, 14-17, and 19 of the '093 patent based on partial withdrawal of
the complaint. Order No. 15 (Aug. 27, 2024), unreviewed by Comm'n
Notice (Sept. 23, 2024).
On August 5, 2024, respondents Acer Inc., Acer America Corporation,
ASUSTek Computer Inc., ASUS Computer International, Dell Technologies
Inc. and Dell Products L.P. (collectively, ``Respondents'') moved for
summary determination of noninfringement as to all remaining asserted
patent claims. On August 15, 2024, Complainant filed an opposition to
the motion.
On August 23, 2024, Respondents filed a motion to strike a portion
of Complainant's opposition as being based on an untimely infringement
theory. On September 3, 2024, the ALJ granted the motion to strike in
part. Order No. 17 (Sept. 3, 2024).
On September 3, 2024, the ALJ issued the subject ID granting in
part Respondents' motion for summary determination of noninfringement.
Specifically, the ID finds that, based on the proper construction of
the claim limitation ``non-adjacent in at least one of the identified
documents,'' there is no material issue of fact that the accused
products do not infringe the asserted claims of the '977 patent. The
ALJ's denial of summary determination of noninfringement as to the '093
patent does not constitute an initial determination and is not before
the Commission. See 19 CFR 210.18(f) (stating that only a grant of
summary determination shall constitute and initial determination).
On September 9, 2024, Complainant filed a motion for partial
reconsideration of the ID. On September 13, 2024, Respondents filed an
opposition to the motion for reconsideration.
On September 10, 2024, Complainant filed a petition for review of
the subject ID. Complainant contends that the ID errs in its
construction of the term ``non-adjacent in at least one of the
identified documents.'' Specifically, Complainant asserts that the ALJ
incorrectly based the construction on prosecution disclaimer in a
patent Complainant argues is ``indirectly related'' to the Asserted
Patents. On September 17, 2024, Respondents filled a response arguing
that the ID correctly construes the disputed term and Complainant has
no infringement arguments under that proper construction.
On September 16, 2024, the ALJ denied Complainant's motion for
partial reconsideration of the ID because the ID is before the
Commission and the ALJ lacks authority to reconsider it. Order No. 21
(Sept. 16, 2024).
Having reviewed the record, including the subject ID and the
parties' petitions and responses thereto, the Commission has determined
to review the subject ID (Order No. 18) and, on review, to affirm the
ID with modified and supplemental reasoning as detailed in the
concurrently issued Commission opinion. The '977 patent is terminated
from the investigation with a finding of noninfringement.
The Commission vote for this determination took place on October
25, 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: October 25, 2024.
Susan Orndoff,
Supervisory Attorney.
[FR Doc. 2024-25327 Filed 10-30-24; 8:45 am]
BILLING CODE 7020-02-P
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