Notice2024-25379
Certain Electronic Eyewear Products and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation as to the Remaining Respondent Based on Settlement; Termination of the Investigation
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 not to review an initial determination ("ID") (Order No. 71) of the presiding Administrative Law Judge ("ALJ") granting an unopposed motion to terminate the investigation as to the remaining respondent Magic Leap, Inc. of Plantation, Florida ("Settling Respondent") based on settlement, thereby terminating the investigation in its entirety. The investigation is terminated.
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 86837]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25379]
[[Page 86837]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1383]
Certain Electronic Eyewear Products and Components Thereof;
Notice of Commission Decision Not To Review an Initial Determination
Terminating the Investigation as to the Remaining Respondent 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. 71) of the presiding Administrative Law Judge
(``ALJ'') granting an unopposed motion to terminate the investigation
as to the remaining respondent Magic Leap, Inc. of Plantation, Florida
(``Settling Respondent'') based on settlement, thereby terminating the
investigation in its entirety. 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#f8bdbcb1abcbb09d9488b88d8b918c9bd69f978e"><span class="__cf_email__" data-cfemail="6e2b2a273d5d260b021e2e1b1d071a0d40090118">[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 December 27, 2023, 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 Ingeniospec, LLC (``Ingeniospec'') of San Jose,
California. See 88 FR 89465-66 (Dec. 27, 2023). 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 electronic eyewear products and components
thereof by reason of the infringement of certain claims of U.S. Patent
Nos. 8,770,742; 10,310,296; 11,762,224 (``the '224 patent''); and
11,803,069 (``the '069 patent''). See id. In addition to the Settling
Respondents, the notice of investigation names the following
respondents: Ampere LLC, Ampere Technologies, and GGTR LLC, all of
Dover, Delaware; Gogotoro LLC of Brooklyn, New York; Zhuhai Wicue
Technology Co., Ltd. of Zhuhai, China; Bose Corporation of Framingham,
Massachusetts; Epson America, Inc. of Los Alamitos, California; Seiko
Epson Corporation of Nagano, Japan; Everysight Ltd. of Haifa, Israel;
Everysight US Inc. of New York, New York; Quanta Computer Incorporated
of Taoyuan City, Taiwan; Lenovo (United States), Inc. of Morrisville,
North Carolina; Lenovo Group Limited of Hong Kong, China; Lenovo
Information Products (Shenzhen) Co., Ltd. of Shenzhen, China; Lucyd
Ltd. of London, United Kingdom; Innovative Eyewear, Inc. of North
Miami, Florida; Luxottica Group S.p.A. of Milan, Italy; Luxottica of
America, Inc. of Mason, Ohio; Razer Inc. and Razer USA Ltd., both of
Irvine, California; TCL Technology Group Corporation of Huizhou, China;
TCL Electronics Holdings Limited of Hong Kong, China; Falcon Innovation
Technology, (Shenzhen) Co., Ltd. of Shenzhen, China; ThirdEye Gen, Inc.
of Princeton, New Jersey; Vuzix Corporation of West Henrietta, New
York; XREAL, Inc. of Sunnyvale, California; EXREAL Technology Limited
of Hong Kong, China; and Matrixed Reality Technology Co., Ltd. of Wuxi,
China. Id. The Office of Unfair Import Investigations is not a party to
the investigation. Id.
The Commission previously terminated all respondents other than the
Settling Respondent. See Order No. 17 (Jan. 31, 2024), unreviewed by
Comm'n Notice (Feb. 29, 2024); Order No. 18 (Feb. 2, 2024), unreviewed
by Comm'n Notice (Mar. 4, 2024); Order No. 24 (Feb. 27, 2024),
unreviewed by Comm'n Notice (Mar. 21, 2024); Order No. 28 (Mar. 4,
2024), unreviewed by Comm'n Notice (Mar. 21, 2024); Order No. 35 (Mar.
20, 2024), unreviewed by Comm'n Notice (Apr. 17, 2024); Order No. 37
(Mar. 21, 2024), unreviewed by Comm'n Notice (Apr. 17, 2024); Order No.
39 (Apr. 1, 2024), unreviewed by Comm'n Notice (Apr. 26, 2024); Order
No. 47 (May 10, 2024), unreviewed by Comm'n Notice (May 22, 2024);
Order No. 56 (June 20, 2024), unreviewed by Comm'n Notice (July 8,
2024); Order No. 57 (June 20, 2024), unreviewed by Comm'n Notice (July
8, 2024); Order No. 69 (Sept. 19, 2024), unreviewed by Comm'n Notice
(Oct. 8, 2024).
On July 8, 2024, the Commission terminated the investigation as to
the '069 patent in its entirety, as well as claims 29, 30, 32, 40-42,
and 48 of the '224 patent, based on partial withdrawal of the
complaint. See Order No. 57 (June 20, 2024), unreviewed by Comm'n
Notice (July 8, 2024).
On September 27, 2024, complainant Ingeniospec and the Settling
Respondent filed a joint motion (``Motion'') to terminate the
investigation as to the Settling Respondent based on settlement, to
stay the procedural deadlines as to the Settling Respondent, and to
limit service of the settlement agreement.
On October 9, 2024, the ALJ issued the subject ID (Order No. 71)
granting the Motion. Pursuant to Commission Rule 210.21(b) (19 CFR
210.21(b)), the ID notes that ``public and confidential versions of the
settlement agreement between Ingeniospec and [the Settling Respondent]
were attached to the motion.'' ID at 2. The ID also notes that ``the
motion contains a statement that there are no other agreements, written
or oral, express or implied between the parties concerning the subject
matter of the investigation.'' Id. The ID further finds, pursuant to
Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)), that termination of
the Settling Respondent from the investigation will not adversely
affect the public interest. See id. The ALJ further granted the request
to limit service of the confidential version of the settlement
agreement. See id. Because the Settling Respondent is the last
remaining respondent in the investigation, the ID also terminates the
investigation in its entirety. See id. at 3.
No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID. The
investigation is terminated as to the Settling Respondent and in its
entirety.
The Commission's vote for this determination took place on October
28, 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 28, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-25379 Filed 10-30-24; 8:45 am]
BILLING CODE 7020-02-P
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