Notice2025-09962
Certain Cellular Base Station Communication Equipment, Components Thereof, and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of Investigation
Primary source
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Published
June 3, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission (the "Commission") has determined not to review an initial determination ("ID") (Order No. 24) of the presiding Administrative Law Judge ("ALJ") terminating the investigation based on settlement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 90 Issue 105 (Tuesday, June 3, 2025)</title>
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[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Notices]
[Pages 23566-23567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09962]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1397]
Certain Cellular Base Station Communication Equipment, Components
Thereof, and Products Containing Same; Notice of Commission Decision
Not To Review an Initial Determination Terminating the Investigation
Based on Settlement; 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 (the ``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 24) of the presiding Administrative
Law Judge (``ALJ'') terminating the investigation based on settlement.
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 system (``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#4306070a10700b262f330336302a37206d242c35"><span class="__cf_email__" data-cfemail="51141518026219343d211124223825327f363e27">[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 April 16, 2024, the Commission instituted
this investigation based on a complaint filed by Motorola Mobility LLC
(``Motorola'') of Chicago, Illinois. 89 FR 26918-19 (Apr. 16, 2024).
The complaint, as supplemented, alleges violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 cellular base station communication equipment, components
thereof, and products containing same, by reason of the infringement of
claims 10-18 of U.S. Patent No. 11,076,304 (``the '304 patent'') and
claims 15-20 of U.S. Patent No. 11,711,706 (``the '706 patent''). Id.
The Commission's notice of investigation named the following
respondents: Ericsson AB and Telefonaktiebolaget LM Ericsson, both of
Stockholm, Sweden, and Ericsson Inc. of Plano, Texas (collectively,
``Ericsson''). Id. The Office of Unfair Import Investigations
(``OUII'') was also named as a party in this investigation. Id.
On November 15, 2024, the Commission partially terminated the
investigation as to claims 3, 6-9, 12-14, and 18 of the '304 patent and
claims 3, 7-14, and 17-18 of the '706 patent. Order No. 15 (Oct. 23,
2024), unreviewed by Comm'n Notice (Nov. 15, 2024).
On December 23, 2024, the Commission issued a notice determining
not to review an ID (Order No. 18) granting Motorola's motion for
summary determination that the economic prong of the domestic industry
requirement is satisfied with respect to the '304 and '706 patents,
with the proviso that the Commission ultimately finds the technical
prong likewise satisfied as to those patents. Order No. 18 (Nov. 25,
2024), unreviewed by Comm'n Notice (Dec. 23, 2024).
On April 18, 2025, Motorola and Ericsson (``collectively, the
private parties'') filed a joint motion (``Motion'') to terminate the
investigation based on settlement. On April 30, 2025, OUII filed a
response in support of the motion provided that the private parties
file a properly redacted public version of their agreements.
On May 5, 2025, the ALJ issued an order (Order No. 23) requesting
further submissions regarding the public version of the private
parties' agreements. See Order No. 23 (May 5, 2025). The ALJ directed
the private parties to provide their supplemental submissions by email.
Id.
On May 9, 2025, the ALJ issued the subject ID (Order No. 24)
granting the Motion. The ID finds that the Motion complies with the
requirements of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)). ID
at 1-2. The ID notes that the private parties certify that ``other than
the two agreements filed with the Commission, `there are no other
agreements, written or oral, express or implied between the private
parties concerning the subject matter of this Investigation.''' Id. at
2. Additionally, the ID finds that ``[the public version of the
agreements] contain redactions only for information that qualifies as
confidential business information under Commission Rule 201.6(a)'' (19
CFR 201.6(a)). The ID also finds that ``termination of this
investigation by settlement will not
[[Page 23567]]
adversely affect the public interest.'' Id. at 3 (citing 19 CFR
210.50(b)(2)).
No party filed a petition for review.
The Commission has determined not to review the subject ID. The
investigation is terminated.
The Commission's vote for this determination took place on May 28,
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: May 28, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-09962 Filed 6-2-25; 8:45 am]
BILLING CODE 7020-02-P
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