Notice2025-02057
Certain Wireless Front-End Modules and Devices Containing the Same; Notice of Commission Decision Not To Review an Initial Determination Granting Motion To Amend the Complaint and Notice of 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
January 31, 2025
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. 17) of the presiding administrative law judge ("ALJ") granting complainants' motion to amend the complaint and notice of investigation to assert additional patent claims.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 20 (Friday, January 31, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Notices]
[Page 8717]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02057]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1413]
Certain Wireless Front-End Modules and Devices Containing the
Same; Notice of Commission Decision Not To Review an Initial
Determination Granting Motion To Amend the Complaint and Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 17) of the presiding administrative law judge
(``ALJ'') granting complainants' motion to amend the complaint and
notice of investigation to assert additional patent claims.
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#80c5c4c9d3b3c8e5ecf0c0f5f3e9f4e3aee7eff6"><span class="__cf_email__" data-cfemail="0c4948455f3f4469607c4c797f65786f226b637a">[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 August 22, 2024, the Commission
instituted this investigation based on a complaint filed on behalf of
complainants Skyworks Solutions, Inc. of Irvine, California; Skyworks
Solutions Canada, Inc. of Ottawa, Canada; and Skyworks Global Pte. Ltd.
of Singapore (collectively, ``Skyworks''). 89 FR 67969-70 (Aug. 22,
2024). The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation into the United States, the sale for importation, or
sale within the United States after importation of certain wireless
front-end modules and devices containing the same by reason of the
infringement of certain claims of U.S. Patent Nos. 8,717,101;
9,917,563; 7,409,200 (``the '200 patent''); 9,450,579 (``the '579
patent''); and 9,148,194. Id. The notice of investigation names the
following respondents: Kangxi Communication Technologies (Shanghai)
Co., Ltd. of Shanghai, China; Grand Chip Labs, Inc. of Tustin,
California; D-Link Corporation of Taipei, Taiwan; D-Link Systems Inc.
of Irvine, California; and Ruijie Networks Co., Ltd. of Fuzhou, China
(collectively, ``Respondents''). Id. The Office of Unfair Import
Investigations (``OUII'') is also a party to the investigation. Id.
On November 1, 2024, Skyworks filed a motion (``Motion'') to
terminate the investigation as to the '200 patent based on the
withdrawal of the complaint as to that patent. The Motion also seeks to
amend the complaint and notice of investigation to further assert
dependent claims 2, 3, 8, and 9 of the '579 patent (``the added patent
claims''). The Motion is unopposed with respect to the partial
termination of the investigation as to the '200 patent, but is opposed
with respect to the requested amendment to assert additional dependent
claims of the '579 patent. On November 13, 2024, some of the
Respondents filed a response, in which other Respondents later joined
on November 15, 2024, in opposition to Skyworks' request to amend the
complaint and notice of investigation. On November 13, 2024, OUII filed
a response in support of Skyworks' requested amendment.
On November 8, 2024, the ALJ issued an ID (Order No. 13) granting
the Motion with respect to the partial termination of the investigation
as to the '200 patent. Order No. 13 (Nov. 8, 2024), unreviewed by
Comm'n Notice (Dec. 10, 2024). On December 31, 2024, the ALJ issued the
subject ID (Order No. 17) granting Complainants' motion to amend the
complaint and notice of investigation pursuant to Commission Rule
210.14(b)(1) (19 CFR 210.14(b)(1)). The ID finds good cause to amend
because ``adjudicating the [added patent claims] in this Investigation
serves the public interest by conserving the Commission's and the
Parties' resources'' and ``[t]he added claims are related to claims
already being litigated.'' ID at 9.
No petition for review of the subject ID was filed.
The Commission has determined not to review the subject ID. The
complaint and notice of investigation are amended to include the added
patent claims.
The Commission's vote for this determination took place on January
27, 2025.
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: January 28, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-02057 Filed 1-30-25; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 31, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.