Certain Wi-Fi Routers, Wi-Fi Devices, Mesh Wi-Fi Network Devices and Components Thereof; Notice of a Commission Determination To Review-in-Part a Final Initial Determination Finding a Violation; Extension of the Target Date for Completion of the Investigation; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review-in-part a final initial determination ("FID") of the presiding administrative law judge ("ALJ"). The Commission requests briefing from the parties on certain issues under review, as set forth in this notice. The Commission also requests written submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below. The Commission has also determined to extend the target date for completion of the investigation to January 14, 2027.

Full Text

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<title>Federal Register, Volume 91 Issue 210 (Monday, November 2, 2026)</title>
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[Federal Register Volume 91, Number 210 (Monday, November 2, 2026)]
[Notices]
[Pages 68978-68980]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22280]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1454]


Certain Wi-Fi Routers, Wi-Fi Devices, Mesh Wi-Fi Network Devices 
and Components Thereof; Notice of a Commission Determination To Review-
in-Part a Final Initial Determination Finding a Violation; Extension of 
the Target Date for Completion of the Investigation; Request for 
Written Submissions on the Issues Under Review and on Remedy, the 
Public Interest, and Bonding

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 review-in-part a final 
initial determination (``FID'') of the presiding administrative law 
judge (``ALJ''). The Commission requests briefing from the parties on 
certain issues under review, as set forth in this notice. The 
Commission also requests written submissions from the parties, 
interested government agencies, and other interested persons on the 
issues of remedy, the public interest, and bonding, under the schedule 
set forth below. The Commission has also determined to extend the 
target date for completion of the investigation to January 14, 2027.

FOR FURTHER INFORMATION CONTACT: Jonathan D. Link, Esq., 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#bcf9f8f5ef8ff4d9d0ccfcc9cfd5c8df92dbd3ca"><span class="__cf_email__" data-cfemail="3e7b7a776d0d765b524e7e4b4d574a5d10595148">[email&#160;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 June 23, 2025, based on a complaint filed on behalf of Estelgia, LLC 
(``Estelgia'') of Dover, Delaware. 90 FR 26608-09 (June 23, 2025). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain Wi-Fi 
routers, Wi-Fi devices, mesh Wi-Fi network devices and components 
thereof by reason of the infringement of certain claims of U.S. Patent 
Nos. 7,936,714 (``the '714 patent''); 11,246,016 (``the '016 patent''); 
10,735,973 (``the '973 patent''); 10,531,518 (``the '518 patent''); 
9,775,164 (``the '164 patent''); and 9,277,591 (``the '591 patent''). 
The complaint, as supplemented, further alleges that an industry in the 
United States exists as required by the applicable Federal Statute. The 
Commission's notice of investigation names seven (7) respondents: 
Linksys Holdings, Inc. and Linksys USA, Inc. (collectively, ``Linksys 
Respondents'') of Irvine, CA; ASUStek Computer Inc. of Taipei City, 
Taiwan and ASUS Computer International of Fremont, CA (collectively 
``ASUS''); D-Link Corporation of Taipei, Taiwan and D-Link Systems, 
Inc. of Irvine, CA (collectively, ``D-Link Respondents''); and Plume 
Design Inc. (``Plume'') of Palo Alto, CA. Id. at 26609. The Office of 
Unfair Import Investigations (``OUII'') is also named as a party in 
this investigation.
    On December 19, 2025, the Commission terminated the Linksys 
Respondents from the investigation based on a settlement agreement. See 
Order No. 12 (Nov. 25, 2025), unreviewed by Comm'n Notice (Dec. 19, 
2025).
    On January 29, 2026, the Commission terminated claim 14 of the '714 
patent; claims 1-5, 7-17, and 20 the '016 patent; claims 2, 3, 5-7, 10, 
and 13 of the '973 patent; claims 12 and 13 of the '518 patent; claims 
2, 4, 5, 7, 9, 11, 13-15, 17-21, 23, 25, 27, 28, and 30-33 of the '164 
patent; and claims 1, 2, 5, 9, 10, 12, and 14-20 of the '591 patent 
from the investigation based on the withdrawal of allegations by 
Estelgia. See Order No. 17 (Jan. 6, 2026), unreviewed by Comm'n Notice 
(Jan. 29, 2026).
    On March 17, 2026, the Commission terminated the '016, the '518, 
the '164, and the '591 patents from the investigation based on the 
withdrawal of allegations by Estelgia. See Order No. 20 (Feb. 19, 
2026), unreviewed by Comm'n Notice (Mar. 17, 2026).
    On April 27, 2026, the Commission terminated the D-Link Respondents 
from the investigation based on a consent order. See Order No. 30 (Mar. 
26, 2026), unreviewed by Comm'n Notice (Apr. 27, 2026).
    On August 6, 2026, the ALJ issued the FID finding a violation of 
section 337 by respondents ASUS and Plume (collectively 
``Respondents''). On August 18, 2026, Respondents and OUII each filed a 
petition for review of the FID, while Estelgia filed a contingent 
petition for review. On August 26, 2026, Estelgia and Respondents each 
filed responses. On September 2, 2026, OUII filed its response.
    Having reviewed the record of the investigation, including the FID 
and the parties' submissions to the ALJ and to the Commission, the 
Commission has determined to review-in-part the FID. Specifically, the 
Commission has determined to review the FID's findings on (1) the 
construction of the preamble of claim 13 of the '714 patent and related 
subsidiary findings, including infringement by ASUS and Plume and the 
technical prong of the domestic industry requirement; (2) indirect 
infringement by ASUS of claim 13 of the '714 patent; (3) infringement 
by ASUS and Plume and the technical prong of the domestic industry 
requirement for the claim elements ``prioritizing the one or more 
channels . . . based on the measured channel condition'' and 
``assigning . . . at least one channel having a lower priority to a 
second UE having a lower priority for communication'' in the asserted 
claim of the '973 patent; (4) written description and obviousness of 
the '973 patent; and (5) the economic prong of the domestic industry 
requirement.
    The Commission has determined not to review, and thus adopts, the 
FID's findings regarding invalidity for the '714 patent. With respect 
to the FID's finding that Sorrells-836 in view of Sorrells-296 does not 
render claim 13 of the '714 patent obvious, the Commission has further 
determined that Respondents did not present in their post-hearing 
briefs the additional arguments in Respondents' petition for review 
regarding a motivation to use MMDS and IEEE 802.11, and therefore 
Respondents have waived these arguments. The Commission has determined 
not to review the remainder of the FID's findings.
    The Commission has also determined to extend the target date for 
completion of the investigation to January 14, 2027.
    Finally, the Commission requests a response to the following 
questions. The parties are requested to brief their positions with 
reference to the applicable law and the existing evidentiary record.
    (1) For the '973 patent, whether the ``based on'' language in claim 
elements 1[d] and 8[f] has a different meaning than the ``based, at 
least in part, on''

[[Page 68979]]

language in claim elements 1[b], 1[e], 1[f], 8[d], 8[g], and 8[h].
    (2) For the '973 patent, explain whether the FID's finding 
regarding written description that ``both parties' experts acknowledge 
that `when you're prioritizing a band, and you're selecting a band, 
you're selecting a channel in a band. You don't transmit or communicate 
on a band. You communicate on channels in bands' '' (FID at 137) can be 
reconciled with its obviousness finding that ``Novak's network may 
comprise `multiple bands,' including `the interleaved communication 
channels of the TV bands'--but it does not disclose prioritization of 
the channels, as opposed to the bands'' (FID at 167)
    (3) Explain whether Estelgia submitted into evidence any foreign 
plant and equipment and/or labor or capital investments, including 
contract manufacturing, relating to manufacturing of the DI products 
and whether Estelgia provided any DI economic prong analysis that 
considers such foreign investments.
    (4) Please discuss the following statutory terms and the evidence 
of record pertaining to these terms:
    a. whether the statutory language of section 337(a)(3)(A) ``plant 
and equipment,'' in view of the legislative history and judicial 
precedents, defines the physical ``plant and equipment'' to be limited 
to land, buildings, machinery, apparatus, and fixtures employed in the 
physical production or industrial activity in the United States 
concerning articles protected by the asserted patents;
    b. whether the statutory language of section 337(a)(3)(B) 
``employment of labor,'' in view of the legislative history and 
judicial precedents is confined to the employment of a subset of 
workers who are wage earners engaged in physical production or 
industrial activity in the United States with respect to articles 
protected by the asserted patents;
    c. whether the statutory language of section 337(a)(3)(B) 
``employment of . . . capital,'' in view of the legislative history and 
judicial precedents, is confined to the employment of capital goods and 
capital expenditures not otherwise accounted for by categories of 
capital assets and expenditures other than those recited in subsections 
337(a)(3)(A) or (C); and
    d. whether the evidence of investments and employment in the 
categories so defined indicates that they are ``significant'' as 
required in subsections 337(a)(3)(A) and (B).
    The parties are invited to brief only the discrete issues requested 
above. The parties are not to brief other issues on review, which are 
adequately presented in the parties' existing filings.
    In connection with the final disposition of this investigation, the 
statute authorizes issuance of, inter alia, (1) an exclusion order that 
could result in the exclusion of the subject articles from entry into 
the United States; and/or (2) cease and desist orders that could result 
in the respondents being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (Dec. 1994).
    The statute requires the Commission to consider the effects of that 
remedy upon the public interest. The public interest factors the 
Commission will consider include the effect that an exclusion order and 
a cease and desist order would have on: (1) the public health and 
welfare, (2) competitive conditions in the U.S. economy, (3) U.S. 
production of articles that are like or directly competitive with those 
that are subject to investigation, and (4) U.S. consumers. The 
Commission is therefore interested in receiving written submissions 
that address the aforementioned public interest factors in the context 
of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve, 
disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the questions identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding.
    In its initial submission, Complainant is also requested to 
identify the remedy sought and Complainant is requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainant is further requested to provide the HTSUS subheadings under 
which the accused products are imported, and to supply the 
identification information for all known importers of the products at 
issue in this investigation. All initial written submissions, from the 
parties and/or third parties/interested government agencies, and 
proposed remedial orders from the parties must be filed no later than 
close of business on November 12, 2026. All reply submissions must be 
filed no later than the close of business on November 19, 2026. Opening 
submissions from the parties are limited to 30 pages. Reply submissions 
from the parties are limited to 15 pages. All submissions from third 
parties and/or interested government agencies are limited to 10 pages. 
No further submissions on any of these issues will be permitted unless 
otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above pursuant to 19 
CFR 210.4(f). Submissions should refer to the investigation number 
(Inv. No. 337-TA-1454) in a prominent place on the cover page and/or 
the first page. (See Handbook for Electronic Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons 
with questions regarding filing should contact the Secretary, (202) 
205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment by marking each document 
with a header indicating that the document contains confidential 
information. This marking will be deemed to satisfy the request 
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable

[[Page 68980]]

Administrative Protective Order. A redacted non-confidential version of 
the document must also be filed with the Commission and served on any 
parties to the investigation within two business days of any 
confidential filing. All information, including confidential business 
information and documents for which confidential treatment is properly 
sought, submitted to the Commission for purposes of this investigation 
may be disclosed to and used: (i) by the Commission, its employees and 
Offices, and contract personnel (a) for developing or maintaining the 
records of this or a related proceeding, or (b) in internal 
investigations, audits, reviews, and evaluations relating to the 
programs, personnel, and operations of the Commission including under 5 
U.S.C. Appendix 3; or (ii) by U.S. government employees and contract 
personnel, solely for cybersecurity purposes. All contract personnel 
will sign appropriate nondisclosure agreements. All nonconfidential 
written submissions will be available for public inspection on EDIS.
    The Commission vote for this determination took place on October 
28, 2026.
    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: October 28, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-22280 Filed 10-30-26; 8:45 am]
BILLING CODE 7020-02-P


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