Notice2024-28925
Certain Networking Equipment Supporting NETCONF; Notice of the Commission's Determination To Review and Affirm Order No. 19 Granting Summary Determination Finding No Infringement, Review and Vacate Order No. 23, and Grant in Part Third Party Xenogenic Development, LLC's Motion To Intervene; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 10, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined that no violation of section 337 in the above-captioned investigation has occurred. The Commission has determined to review an initial determination granting summary determination of non-infringement (Order No. 19) and affirm the Order No. 19 finding of no infringement with supplemented reasoning. The Commission has further determined to review and vacate Order No. 23, and grant in part third party Xenogenic Development, LLC's ("Xenogenic") motion to intervene. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 237 (Tuesday, December 10, 2024)</title>
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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99277-99278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28925]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1391]
Certain Networking Equipment Supporting NETCONF; Notice of the
Commission's Determination To Review and Affirm Order No. 19 Granting
Summary Determination Finding No Infringement, Review and Vacate Order
No. 23, and Grant in Part Third Party Xenogenic Development, LLC's
Motion To Intervene; 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 that no violation of section
337 in the above-captioned investigation has occurred. The Commission
has determined to review an initial determination granting summary
determination of non-infringement (Order No. 19) and affirm the Order
No. 19 finding of no infringement with supplemented reasoning. The
Commission has further determined to review and vacate Order No. 23,
and grant in part third party Xenogenic Development, LLC's
(``Xenogenic'') motion to intervene. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Jonathan Link, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3103. 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#2560616c76166d4049556550564c51460b424a53"><span class="__cf_email__" data-cfemail="7d3839342e4e3518110d3d080e14091e531a120b">[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 March 4, 2024, based on a complaint filed by Optimum Communications
Services, Inc. of Jersey City, New Jersey (``Complainant''). 89 FR
15611-12 (Mar. 4, 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 network equipment supporting NETCONF by reason of infringement
of certain claims of U.S. Patent Nos. 10,567,474 and 10,848,546
(``Asserted Patents''). Id. The complaint further alleges that a
domestic industry exists. Id. The Commission's notice of investigation
named as respondents: Changsha Silun Network Technology Co., Ltd. of
Hunan, China; Hunan Maiqiang Network Technology Company Limited of
Hunan, China; Hunan Zikun Information Technology Co., Ltd. of Hunan,
China; and Guangzhou Qiton Electronics Technology Co., Ltd. of
Guangdong, China (collectively, ``Respondents''). Id. OUII is
participating as a party in this investigation. Id.
On June 13, 2024, the Commission found the Respondents in default
for failing to respond to the complaint, notice of investigation, or
previous order to show cause (Order No. 8). Order No. 9, unreviewed by
Comm'n Notice (June 13, 2024).
On June 28, 2024, Complainant filed a motion for summary
determination of violation and requested the issuance of a general
exclusion order. On July 10, 2024, OUII filed a confidential response
opposing the summary determination motion.
On September 19, 2024, the Commission determined not to review an
initial determination declassifying OUII's response to Complainant's
motion for summary determination and supporting memorandum. Order No.
13, unreviewed by, Comm'n Notice (September 20, 2024).
On August 8, 2024, third party Xenogenic Development LLC
(``Xenogenic'') filed a motion to intervene, stay the proceedings on
the merits, and dismiss the investigation. On August 16, 2024,
Complainant filed a response opposing the motion. On August 20, 2024,
OUII filed a response in support of Xenogenic's motion to intervene and
for termination of the investigation but opposed a stay of the
investigation. On August 23, 2024, Xenogenic filed a reply in support
of its motion. On August 27, 2024, Complainant filed a sur-reply
opposing the motion.
On September 18, 2024, OUII filed a motion for summary
determination arguing that Complainant cannot show that the accused
products infringe the asserted claims of the Asserted Patents, and that
the investigation should be terminated with a finding of no violation
of section 337. On September 26, 2024, Complainant filed an
[[Page 99278]]
opposition to the motion. OUII filed its reply on October 1, 2024.
On October 18, 2024, the ALJ issued Order No. 19 granting-in-part
OUII's motion for summary determination and finding no violation. On
October 25, 2024, Complainant filed a petition for review of the ID in
Order No. 19. On November 1, 2024, OUII filed a response to
Complainant's petition for review of the ID in Order No. 19.
On October 18, 2024, the ALJ also issued Order No. 20, asking the
parties to brief whether the investigation should be terminated in its
entirety and whether all remaining motions are moot and/or withdrawn in
light of Order No. 19. On October 28, 2024, Complainant responded to
Order No. 20, opposing terminating the investigation. On October 28,
2024, OUII responded to Order No. 20 supporting termination of the
investigation and Xenogenic responded requesting the ALJ to grant its
motion to intervene. On November 4, 2024, Complainant filed a reply
regarding Order No. 20, opposing terminating the investigation.
On November 8, 2024, the ALJ issued Order No. 23 granting
Xenogenic's motion to intervene and terminating the investigation. On
November 9, 2024, Complainant filed a petition to review the ID in
Order No. 23. On November 18, 2024, OUII filed a response in opposition
to Complainant' petition to review of Order No. 23.
Having considered the record in this investigation, including the
complaint, the filings before the ALJ and the Commission, the
Commission has determined to review Order No. 19. On review, the
Commission affirms Order No. 19 finding no infringement of the asserted
patents with the following supplementation: (1) on page 18 of the ID,
the Commission supplements the citation to 19 CFR 210.18(a)-(b) to also
include 19 CFR 210.18(c); and (2) on page 26 of the ID, the Commission
adds a citation to Exhibit 14 of OUII's motion for summary
determination, which is RFC 7950 entitled ``The YANG 1.1 Data Modeling
Language'' (in addition to already cited Exhibits 13, 15, and 16 from
OUII's motion for summary determination).
The Commission has further determined to review and vacate Order
No. 23. Order No. 19 finds that there is no infringement of the
Asserted Patents and that no violation of section 337 has occurred.
Affirmance of Order No. 19 would result in termination of the
investigation, and thereby, the Commission finds that as of the time of
issuance of Order No. 23 the investigation was already pending before
the Commission. However, the Commission has determined to grant third
party Xenogenic's motion to intervene for the limited purpose of
addressing ownership of the Asserted Patents. Regardless of ownership,
the Commission's finding of no infringement results in a finding of no
violation and the investigation is terminated.
The Commission vote for this determination took place on December
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.
Issued: December 4, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-28925 Filed 12-9-24; 8:45 am]
BILLING CODE 7020-02-P
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