Notice2024-29331
Certain Electronic Devices, Including Smartphones, Computers, Tablet Computers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting Joint Motion To Terminate the Investigation Based on Arbitration; Termination of Investigation
Primary source
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Published
December 13, 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. 60) of the presiding administrative law judge ("ALJ") granting a joint motion for termination of the investigation in its entirety based on arbitration. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Page 101050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29331]
[[Page 101050]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1373]
Certain Electronic Devices, Including Smartphones, Computers,
Tablet Computers, and Components Thereof; Notice of a Commission
Determination Not To Review an Initial Determination Granting Joint
Motion To Terminate the Investigation Based on Arbitration; 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. 60) of the presiding administrative
law judge (``ALJ'') granting a joint motion for termination of the
investigation in its entirety based on arbitration. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT: Namo Kim, Esq., Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3459. 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#befbfaf7ed8df6dbd2cefecbcdd7cadd90d9d1c8"><span class="__cf_email__" data-cfemail="b5f0f1fce686fdd0d9c5f5c0c6dcc1d69bd2dac3">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On October 11, 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 InterDigital, Inc., InterDigital VC Holdings, and
InterDigital Patent Holdings, Inc., all of Wilmington, Delaware; and
InterDigital Madison Patent Holdings SAS of Paris, France
(collectively, ``InterDigital''). 88 FR 70425-26 (Oct. 11, 2023). The
complaint, as supplemented, alleged 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
electronic devices, including smartphones, computers, tablet computers,
and components thereof by reason of the infringement of certain claims
of U.S. Patent Nos. 8,674,859; 8,737,933 (the '933 patent); 9,173,054
(the '054 patent); 9,674,556 (the '556 patent); and 10,250,877 (the
'877 patent). Id. The complaint further alleged that an industry in the
United States exists or is in the process of being established. Id. The
notice of investigation named as respondents Lenovo Group Limited of
Hong Kong SAR; Lenovo (United States) Inc. of Morrisville, North
Carolina; and Motorola Mobility LLC of Chicago, Illinois. Id. The
Office of Unfair Import Investigations (``OUII'') was named as a party
to the investigation. Id.
On January 7, 2024, the Commission terminated the investigation as
to respondent Lenovo Group Limited and amended the complaint and notice
of investigation to add Lenovo PC HK Limited of Hong Kong SAR as a
respondent. Order No. 16 (Dec. 18, 2023); unreviewed by Comm'n Notice
(Jan. 8, 2024). As amended, the respondents named in the investigation
are Lenovo PC HK Limited, Lenovo (United States) Inc., and Motorola
Mobility LLC (collectively, ``Respondents'').
On July 5, 2024, the Commission terminated the investigation as to
claims 4 and 8 of the '877 patent. Order No. 42 (June 5, 2024);
unreviewed by Comm'n Notice (July 5, 2024).
On August 1, 2024, the Commission terminated the investigation as
to claims 4 and 8 of the '556 patent. Order No. 47 (July 12, 2024);
unreviewed by Comm'n Notice (Aug. 1, 2024).
On August 26, 2024, the Commission terminated the investigation as
to claims 1 and 23 of the '933 patent and claims 1 and 23 of the '054
patent. Order No. 51 (July 26, 2024); unreviewed by Comm'n Notice (Aug.
26, 2024).
On October 22, 2024, InterDigital and Respondents filed a joint
motion to terminate the investigation based on arbitration. The joint
motion stated that InterDigital and Respondents have a valid
arbitration agreement regarding the patents asserted in the
investigation, and termination of the investigation is consistent with
public interest as it would conserve private and public resources and
have no adverse effects to the public.
On November 1, 2024, OUII filed a response to the joint motion
supporting termination of the investigation.
On November 7, 2024, the ALJ issued the subject ID (Order No. 60)
pursuant to Commission Rule 210.21(d) (37 CFR 210.21(d)), granting the
joint motion to terminate the investigation based on arbitration.
No petitions for review of the subject ID were filed.
The Commission has determined not to review the subject ID. The
investigation is terminated.
The Commission vote for this determination took place on December
9, 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 9, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-29331 Filed 12-12-24; 8:45 am]
BILLING CODE 7020-02-P
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