Notice2025-07169
Certain Video Capable Electronic Devices, Including Computers, Streaming Devices, Televisions, Cameras, and Components and Modules Thereof; Notice of a Commission Determination To Ratify the Prior Commission Actions in This Investigation and To Grant a Joint Motion To Terminate the Investigation on the Basis of Settlement; Termination of the Investigation
Primary source
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Published
April 25, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to ratify the prior Commission actions in this investigation and to grant a joint motion to terminate the investigation in its entirety based on settlement and patent agreements.
Full Text
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<title>Federal Register, Volume 90 Issue 79 (Friday, April 25, 2025)</title>
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[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17448-17449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07169]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1379]
Certain Video Capable Electronic Devices, Including Computers,
Streaming Devices, Televisions, Cameras, and Components and Modules
Thereof; Notice of a Commission Determination To Ratify the Prior
Commission Actions in This Investigation and To Grant a Joint Motion To
Terminate the Investigation on the Basis of 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 (``Commission'') has determined to ratify the prior
Commission actions in this investigation and to grant a joint motion to
terminate the investigation in its entirety based on settlement and
patent agreements.
FOR FURTHER INFORMATION CONTACT: Joelle Justus, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2593. 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#b5f0f1fce686fdd0d9c5f5c0c6dcc1d69bd2dac3"><span class="__cf_email__" data-cfemail="0441404d57374c6168744471776d70672a636b72">[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 December 6, 2023, based on a complaint filed by Nokia Technologies
Oy and Nokia Corporation, both of Espoo, Finland (collectively,
``Complainants'' or ``Nokia''). 88 FR 84832-33 (Dec. 6, 2023). 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 video capable electronic
devices, including computers, streaming devices, televisions, cameras,
and components and modules thereof by reason of infringement of claims
1-3, 6, 7, 9-12, 15-17, 20-25, 28-30, 32-34, 36, 39-41, 43, 44, 47-49,
51-54, 58-60, and 62-65 of U.S. Patent No. 7,532,808 (``the '808
patent'') and claims 1-22 of U.S. Patent No. 8,204,134. (``the '134
patent''). Id. at 84832. The complaint further alleges that a domestic
industry exists. Id. The Commission's notice of investigation named as
respondents HP, Inc. of Palo Alto, California; and <a href="http://Amazon.com">Amazon.com</a>, Inc. and
<a href="http://Amazon.com">Amazon.com</a> Services LLC, both of Seattle, Washington (collectively,
``Respondents''). Id. The Office of Unfair Import Investigations
(``OUII'') is participating in the investigation. Id.
The Commission previously determined not to review initial
determinations terminating the investigation as to claims 2, 3, 6, 9,
11, 12, 15, 17, 20, 23-25, 28, 30, 32-34, 36, 39, 41, 43, 44, 47, 49,
51-54, 58-60, and 62-65 of the '808 patent and claims 1-8, 10, 12, and
16-22 of the '134 patent. See Order No. 20 (Feb. 2, 2024), unreviewed
by Comm'n Notice (Feb. 15, 2024); Order No. 44 (June 11, 2024),
unreviewed by Comm'n Notice (July 3, 2024); Order No. 52 (July 10,
2024), unreviewed by Comm'n Notice (Aug. 5, 2024).
On January 29, 2025, the ALJ issued the Final ID finding a
violation of section 337 by Amazon with respect to the '808 patent, and
no violation with respect to the '134 patent. The ALJ also issued a
recommended determination on the public interest, remedy, and bond.
On February 10, 2025, each party filed a petition for review. On
February 18, 2025, Nokia and Amazon filed responses opposing each
other's petitions. That same day, OUII filed a combined opposition to
Nokia's and Amazon's petitions; neither Amazon nor Nokia responded to
OUII's petition.
On April 1, 2025, Nokia and Amazon filed a Joint Unopposed Motion
for Temporary Suspension of Pending Deadlines. The motion stated that
Nokia and Amazon had signed a settlement agreement resolving all issues
between the parties related to this litigation but needed additional
time to finalize and file termination papers, including creating a
public version of the settlement agreement as required by 19 CFR
210.21(b)(1). The parties requested that the Commission temporarily
suspend the pending deadlines in the investigation until and through
April 8, 2025. The Commission granted the motion, stayed the
investigation, and extended the target date for determining whether to
review the Final ID to April 22, 2025.
On April 8, 2025, Nokia and Amazon filed a Joint Motion to
Terminate the Investigation in Its Entirety Based on
[[Page 17449]]
Settlement and Patent Agreements. The parties submitted the executed
settlement and patent agreements as exhibits to the motion. Public
versions of the executed settlement and patent agreements were also
submitted as exhibits to the motion. On April 11, 2025, OUII filed a
response to the motion, indicating OUII supported granting the motion
provided that the private parties revised the redactions to the public
version of the patent agreement attached as Exhibit 2 to the motion. On
April 16, 2025, the private parties submitted an Amended Public Exhibit
2 that ``complies with [OUII's] recommendation.''
Before reaching the merits of the private parties' motion, in an
abundance of caution, the Commission, after having fully reviewed the
underlying facts and decisions, has determined to ratify all prior
Commission actions taken in this investigation, including but not
limited to its determination to institute this investigation, the
delegation of this investigation to the ALJ for appropriate
proceedings, initial determinations, and findings on the public
interest, the naming of OUII as a party to this investigation, and the
Commission's prior determinations declining to review the initial
determinations of the presiding ALJ regarding termination of claims,
extending the target date, and the termination of HP as a respondent.
88 FR 84832-33 (Dec. 6, 2023); Comm'n Notice (Feb. 15, 2024); Comm'n
Notice (July 3, 2024); Comm'n Notice (Aug. 5, 2024); Comm'n Notice
(Jan. 6, 2025); Comm'n Notice (Jan. 6, 2025); Comm'n Notice (Jan. 27,
2025); (Mar. 28, 2025); (April 3, 2025). Advanced Disposal Services
East, Inc. v. N.L.R.B., 820 F.3d 592, 602-06 (3d Cir. 2016). Amazon
does not dispute that the Commission currently has quorum under its
statute, 19 U.S.C. 1330(c)(6).
The Commission has determined that the motion, including the
revised public version of the settlement agreement, complies with the
requirements of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), and
that there are no extraordinary circumstances that would prevent the
requested termination. The Commission also finds that granting the
motion would not be contrary to the public interest pursuant to
Commission Rule 210.50(b)(2) (19 CFR 210.50(b)(2)). Accordingly, the
Commission hereby grants the motion.
This investigation is terminated.
The Commission vote for this determination took place on April 22,
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: April 22, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-07169 Filed 4-24-25; 8:45 am]
BILLING CODE 7020-02-P
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