80 FR 34172 - Certain Optical Disc Drives, Components Thereof, and Products Containing the Same; Notice of Commission Determination To Review in Part an Initial Determination Terminating the Investigation in Its Entirety Based on Complainant's Lack of Standing and on Review To Affirm With Modified Reasoning; Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 114 (June 15, 2015)
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34172-34172 | |
| FR Document | 2015-14492 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Notices] [Page 34172] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14492] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-897] Certain Optical Disc Drives, Components Thereof, and Products Containing the Same; Notice of Commission Determination To Review in Part an Initial Determination Terminating the Investigation in Its Entirety Based on Complainant's Lack of Standing and on Review To Affirm With Modified Reasoning; Termination of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 135) terminating the above-captioned investigation based on complainant's lack of standing with respect to the remaining asserted patents. On review, the Commission affirms with modified reasoning and terminates the investigation in its entirety. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2392. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 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 October 25, 2013, based on a Complaint filed by Optical Devices, LLC of Peterborough, New Hampshire (``Optical Devices''), as supplemented. 78 FR 64009 (Oct. 25, 2013). The Complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651 (collectively, ``the Kadlec Patents''); RE40,927; RE42,913; and RE43,681 (collectively ``the Wild Patents''). The Complaint further alleges the existence of a domestic industry. The Commission's Notice of Investigation named numerous respondents including Lenovo Group Ltd. of Quarry Bay, Hong Kong and Lenovo (United States) Inc., of Morrisville, North Carolina; LG Electronics, Inc. of Seoul, Republic of Korea and LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; Toshiba Corporation of Tokyo, Japan and Toshiba America Information Systems, Inc. of Irvine, California; and MediaTek, Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San Jose, California. The Office of Unfair Import Investigations was not named as a party to the investigation. The Commission later terminated the investigation as to the application of numerous claims of the asserted patents to various named respondents. See Notice of Commission Determination Not to Review an Initial Determination Granting Complainant's Motions to Partially Terminate the Investigation as to Certain Patents (Aug. 8, 2014). The Commission also later terminated the investigation with respect to Nintendo Co., Ltd. of Kyoto, Japan and Nintendo of America, Inc. of Redmond, Washington; Panasonic Corp. of Osaka, Japan and Panasonic Corporation of North America of Secaucus, New Jersey; Samsung Electronics Co., Ltd. of Seoul, Republic of Korea and Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, based on settlement agreements. See Notice of Commission Determination to Grant a Joint Motion to Terminate the Investigation as to Respondents Samsung Electronics Co., Ltd. Samsung Electronics America, Inc. on the Basis of a Settlement Agreement (Sept. 2, 2014); Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation In Part as to Respondents Panasonic and Nintendo (Mar. 30, 2015). On December 4, 2014, the Commission affirmed, with modified reasoning, the ALJ's determination to terminate the investigation with respect to the Wild Patents based on Optical Devices' lack of standing to assert the Wild Patents. On the same day, the Commission vacated the ALJ's finding that Optical Devices lacked standing with respect to the Kadlec Patents, and remanded the investigation to the ALJ for further proceedings. After re-opening discovery and receiving additional briefing from the parties, the ALJ issued the subject ID on April 27, 2015, finding that Optical Devices does not have standing to assert the Kadlec Patents in this investigation. On May 7, 2015, Optical Devices filed a petition for review of the subject ID, and Respondents filed a contingent petition for review of the subject ID. On May 14, 2015, the parties filed their respective responses to the petitions. Having reviewed the parties' submissions and the record evidence, the Commission has determined to review the subject ID in part. Specifically, the Commission has determined to review a finding related to an agreement discussed on pages 22-25 of the ID. On review, the Commission affirms the ID's finding with modified reasoning. The Commission has also determined to correct certain statements made in the subject ID. A Commission opinion will be issued shortly. The investigation is terminated in its entirety. 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: June 9, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015-14492 Filed 6-12-15; 8:45 am] BILLING CODE 7020-02-P
![34172 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices
the Draft BDCP, Draft EIR/EIS, and Draft Office of the Secretary, U.S. Park, New Jersey, based on settlement
Implementing Agreement, the State and International Trade Commission, 500 E agreements. See Notice of Commission
Federal lead agencies recognize that Street SW., Washington, DC 20436, Determination to Grant a Joint Motion to
additional information is appropriate to telephone 202–205–2000. General Terminate the Investigation as to
address comments and to enhance the information concerning the Commission Respondents Samsung Electronics Co.,
environmental analysis. Council on may also be obtained by accessing its Ltd. Samsung Electronics America, Inc.
Environmental Quality regulations for Internet server (http://www.usitc.gov). on the Basis of a Settlement Agreement
implementing NEPA (40 CFR 1502.9(c)) The public record for this investigation (Sept. 2, 2014); Notice of Commission
do not require any additional scoping may be viewed on the Commission’s Determination Not to Review an Initial
for a supplement to a Draft EIS, and the electronic docket (EDIS) at http:// Determination Terminating the
lead agencies are not proposing any edis.usitc.gov. Hearing-impaired Investigation In Part as to Respondents
scoping process for this RDEIR/SDEIS in persons are advised that information on Panasonic and Nintendo (Mar. 30,
addition to the scoping that has already this matter can be obtained by 2015).
been done for the draft EIR/EIS as contacting the Commission’s TDD On December 4, 2014, the
described above. terminal on 202–205–1810. Commission affirmed, with modified
For further background information, SUPPLEMENTARY INFORMATION: The reasoning, the ALJ’s determination to
see the December 13, 2013 Federal Commission instituted this investigation terminate the investigation with respect
Register notice (78 FR 75939). on October 25, 2013, based on a to the Wild Patents based on Optical
Dated: May 22, 2015. Complaint filed by Optical Devices, LLC Devices’ lack of standing to assert the
Pablo R. Arroyave, of Peterborough, New Hampshire Wild Patents. On the same day, the
Deputy Regional Director, Mid-Pacific Region. (‘‘Optical Devices’’), as supplemented. Commission vacated the ALJ’s finding
[FR Doc. 2015–14649 Filed 6–12–15; 8:45 am]
78 FR 64009 (Oct. 25, 2013). The that Optical Devices lacked standing
Complaint alleges violations of section with respect to the Kadlec Patents, and
BILLING CODE 4332–90–P
337 of the Tariff Act of 1930, as remanded the investigation to the ALJ
amended, 19 U.S.C. 1337, by reason of for further proceedings.
infringement of certain claims of U.S. After re-opening discovery and
INTERNATIONAL TRADE Patent Nos. 6,904,007; 7,196,979;
COMMISSION receiving additional briefing from the
8,416,651 (collectively, ‘‘the Kadlec parties, the ALJ issued the subject ID on
[Inv. No. 337–TA–897] Patents’’); RE40,927; RE42,913; and April 27, 2015, finding that Optical
RE43,681 (collectively ‘‘the Wild Devices does not have standing to assert
Certain Optical Disc Drives, Patents’’). The Complaint further alleges the Kadlec Patents in this investigation.
Components Thereof, and Products the existence of a domestic industry.
Containing the Same; Notice of The Commission’s Notice of On May 7, 2015, Optical Devices filed
Commission Determination To Review Investigation named numerous a petition for review of the subject ID,
in Part an Initial Determination respondents including Lenovo Group and Respondents filed a contingent
Terminating the Investigation in Its Ltd. of Quarry Bay, Hong Kong and petition for review of the subject ID. On
Entirety Based on Complainant’s Lack Lenovo (United States) Inc., of May 14, 2015, the parties filed their
of Standing and on Review To Affirm Morrisville, North Carolina; LG respective responses to the petitions.
With Modified Reasoning; Termination Electronics, Inc. of Seoul, Republic of Having reviewed the parties’
of the Investigation Korea and LG Electronics U.S.A., Inc. of submissions and the record evidence,
Englewood Cliffs, New Jersey; Toshiba the Commission has determined to
AGENCY: U.S. International Trade Corporation of Tokyo, Japan and review the subject ID in part.
Commission. Toshiba America Information Systems, Specifically, the Commission has
ACTION: Notice. Inc. of Irvine, California; and MediaTek, determined to review a finding related
Inc. of Hsinchu City, Taiwan and to an agreement discussed on pages 22–
SUMMARY: Notice is hereby given that MediaTek USA Inc. of San Jose, 25 of the ID. On review, the Commission
the U.S. International Trade California. The Office of Unfair Import affirms the ID’s finding with modified
Commission has determined to review Investigations was not named as a party reasoning. The Commission has also
in part the presiding administrative law to the investigation. determined to correct certain statements
judge’s (‘‘ALJ’’) initial determination The Commission later terminated the made in the subject ID. A Commission
(‘‘ID’’) (Order No. 135) terminating the investigation as to the application of opinion will be issued shortly. The
above-captioned investigation based on numerous claims of the asserted patents investigation is terminated in its
complainant’s lack of standing with to various named respondents. See entirety.
respect to the remaining asserted Notice of Commission Determination
patents. On review, the Commission The authority for the Commission’s
Not to Review an Initial Determination determination is contained in section
affirms with modified reasoning and Granting Complainant’s Motions to
terminates the investigation in its 337 of the Tariff Act of 1930, as
Partially Terminate the Investigation as amended (19 U.S.C. 1337), and in part
entirety. to Certain Patents (Aug. 8, 2014). The 210 of the Commission’s Rules of
FOR FURTHER INFORMATION CONTACT: Commission also later terminated the Practice and Procedure (19 CFR part
Cathy Chen, Office of the General investigation with respect to Nintendo
asabaliauskas on DSK5VPTVN1PROD with NOTICES
210).
Counsel, U.S. International Trade Co., Ltd. of Kyoto, Japan and Nintendo
Commission, 500 E Street SW., of America, Inc. of Redmond, By order of the Commission.
Washington, DC 20436, telephone 202– Washington; Panasonic Corp. of Osaka, Issued: June 9, 2015.
205–2392. Copies of non-confidential Japan and Panasonic Corporation of William R. Bishop,
documents filed in connection with this North America of Secaucus, New Jersey; Supervisory Hearings and Information
investigation are or will be available for Samsung Electronics Co., Ltd. of Seoul, Officer.
inspection during official business Republic of Korea and Samsung [FR Doc. 2015–14492 Filed 6–12–15; 8:45 am]
hours (8:45 a.m. to 5:15 p.m.) in the Electronics America, Inc. of Ridgefield BILLING CODE 7020–02–P
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Document Created: 2015-12-15 15:13:58
Document Modified: 2015-12-15 15:13:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2392. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205- 1810. | |
| FR Citation | 80 FR 34172 |
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