81 FR 42375 - Certain Network Devices, Related Software and Components Thereof (I); Commission's Final Determination Finding a Violation; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 125 (June 29, 2016)

Page Range		42375-42376
FR Document		2016-15341

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has (1) issued a limited exclusion order prohibiting importation of certain network devices, related software and components thereof, and (2) issued a cease and desist order. The Commission terminates the investigation.

Federal Register, Volume 81 Issue 125 (Wednesday, June 29, 2016)

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42375-42376]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15341]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-944]


Certain Network Devices, Related Software and Components Thereof 
(I); Commission's Final Determination Finding a Violation; Issuance of 
a Limited Exclusion Order and Cease and Desist Order; 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 found a violation of section 337 in this investigation 
and has (1) issued a limited exclusion order prohibiting importation of 
certain network devices, related software and components thereof, and 
(2) issued a cease and desist order. The Commission terminates the 
investigation.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 at 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 January 27, 2015, based on a complaint filed on behalf of Cisco 
Systems, Inc. (``Complainant'') of San Jose, California. 80 FR 4314-15 
(Jan. 27, 2015). The complaint was filed on December 19, 2014 and a 
supplement was filed on January 8, 2015. The complaint alleges 
violations of 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 network devices, related software and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 7,162,537 (``the '537 patent''); U.S. Patent No. 8,356,296 
(``the '296 patent''); U.S. Patent No. 7,290,164 (``the '164 patent''); 
U.S. Patent No. 7,340,597 (``the '597 patent''); U.S. Patent No. 
6,741,592 (``the '592 patent''); and U.S. Patent No. 7,200,145 (``the 
'145 patent''), and alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337. The '296 patent 
was previously terminated from the investigation. The complaint named 
Arista Networks, Inc. (``Arista'') of Santa Clara, California as the 
respondent. A Commission investigative attorney (``IA'') is 
participating in the investigation.
    On February 2, 2016, the ALJ issued his final ID finding a 
violation of section 337. The ID found a violation with respect to the 
'537, '592 and '145 patents. The ID found no violation based on the 
'597 and '164 patents. On February 11, 2016, the ALJ issued his 
Recommended Determination on Remedy and Bonding.
    On February 17, 2016, Cisco and Arista filed petitions for review. 
On March 3, 2016, the parties, including the IA, filed responses to the 
respective petitions for review. On April 11, 2016, the Commission 
determined to review the ID in-part. The Commission determined to 
review the final ID on the following issues: (1) Infringement of the 
'537, '597, '592 and '145 patents; (2) patentability of the '597, '592, 
and '145 inventions under 35 U.S.C. 101; (3) the construction of ``said 
router configuration data managed by said database system and derived 
from configuration commands supplied by a user and executed by a router 
configuration subsystem before being stored in said database'' of 
claims 1, 10, and 19 of the '537 patent; (4) the construction of ``a 
change to a configuration''/``a change in configuration'' of claims 1, 
39, and 71 of the '597 patent; (5) equitable estoppel; (6) laches; (7) 
the technical prong of domestic industry for the '537, '597, '592 and 
'145 patents; (8) economic prong of domestic industry; and (9) 
importation. To the extent any findings that the Commission reviewed 
implicated the ID's findings for the '164 patent (e.g., intent to 
induce infringement), the Commission also reviewed those findings for 
the '164 patent. The parties briefed the issues on

[[Page 42376]]

review, remedy, bonding, and the public interest.
    After considering the final ID, written submissions, and the record 
in this investigation, the Commission has determined to affirm-in-part 
the final ID and to terminate the investigation with a finding of 
violation of section 337. Specifically, the Commission finds that a 
violation of section 337 has occurred for the '537, '592, and '145 
patents and no violation has occurred for the '597 and '164 patents. 
The Commission finds that the asserted claims of the '597 and '164 
patents are not directly infringed by the accused products.
    Having found a violation of section 337 in this investigation, the 
Commission has determined that the appropriate form of relief is (1) a 
limited exclusion order prohibiting the unlicensed entry of certain 
network devices, related software and components thereof that infringe 
one or more of claims 1, 2, 8-11, and 17-19 of the '537 patent; claims 
6, 7, 20, and 21 of the '592 patent; and claims 5, 7, 45, and 46 of the 
'145 patent; and (2) a cease and desist order prohibiting Arista from 
importing, selling, marketing, advertising, distributing, transferring 
(except for exportation), and soliciting United States, agents or 
distributors for States certain network devices, related software and 
components thereof that infringe one or more of claims 1, 2, 8-11, and 
17-19 of the '537 patent; claims 6, 7, 20, and 21 of the '592 patent; 
and claims 5, 7, 45, and 46 of the '145 patent.
    The Commission has also determined that the public interest factors 
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not 
preclude issuance of the limited exclusion order or a cease and desist 
order. Finally, the Commission has determined that a bond during the 
period of Presidential review (19 U.S.C. 1337(j)) shall be in the 
amount of zero percent (0%) of the entered value of the imported 
articles that are subject to the limited exclusion order or cease and 
desist order. The Commission's orders and opinion were delivered to the 
President and to the United States Trade Representative on the day of 
their issuance.
    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 23, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15341 Filed 6-28-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 42375

1. Issues to be resolved in the plan Authority: 40 CFR 1501.7, 43 CFR 1610.2, complaint alleges violations of section
amendment; 43 CFR 2400, and 43 CFR 2711. 337 based upon the importation into the
2. Issues to be resolved through policy Brian W. Davis, United States, the sale for importation,
or administrative action; or Acting State Director, Wyoming. and the sale within the United States
after importation of certain network
3. Issues beyond the scope of this plan [FR Doc. 2016–15383 Filed 6–28–16; 8:45 am]
devices, related software and
amendment. BILLING CODE 4310–22–P
components thereof by reason of
The BLM will provide an explanation infringement of certain claims of U.S.
in the Draft RMP Amendment/Draft EA Patent No. 7,162,537 (‘‘the ’537 patent’’);
INTERNATIONAL TRADE U.S. Patent No. 8,356,296 (‘‘the ’296
as to why an issue was placed in COMMISSION
Category two or three. The public is patent’’); U.S. Patent No. 7,290,164 (‘‘the
encouraged to identify any management [Investigation No. 337–TA–944] ’164 patent’’); U.S. Patent No. 7,340,597
questions and concerns that should be (‘‘the ’597 patent’’); U.S. Patent No.
Certain Network Devices, Related 6,741,592 (‘‘the ’592 patent’’); and U.S.
addressed in the plan. The BLM will
Software and Components Thereof (I); Patent No. 7,200,145 (‘‘the ’145 patent’’),
work collaboratively with interested Commission’s Final Determination and alleges that an industry in the
parties to identify the management Finding a Violation; Issuance of a United States exists as required by
decisions that are best suited to local, Limited Exclusion Order and Cease subsection (a)(2) of section 337. The
regional, and national needs and and Desist Order; Termination of the ’296 patent was previously terminated
concerns. Investigation from the investigation. The complaint
The BLM will use an interdisciplinary named Arista Networks, Inc. (‘‘Arista’’)
AGENCY: U.S. International Trade
approach to develop the plan of Santa Clara, California as the
Commission.
amendment in order to consider the respondent. A Commission investigative
ACTION: Notice.
variety of resource issues and concerns. attorney (‘‘IA’’) is participating in the
SUMMARY: Notice is hereby given that investigation.
No representation, warranty, or On February 2, 2016, the ALJ issued
covenant of any kind, express or the U.S. International Trade
Commission has found a violation of his final ID finding a violation of section
implied, will be given or made by the 337. The ID found a violation with
United States, its officers or employees section 337 in this investigation and has
(1) issued a limited exclusion order respect to the ’537, ’592 and ’145
as to access to or from the above- patents. The ID found no violation
prohibiting importation of certain
described parcel of land, the title to the based on the ’597 and ’164 patents. On
network devices, related software and
land, whether or to what extent the land components thereof, and (2) issued a February 11, 2016, the ALJ issued his
may be developed, its physical cease and desist order. The Commission Recommended Determination on
condition or its past, present or terminates the investigation. Remedy and Bonding.
potential uses, and the conveyance of On February 17, 2016, Cisco and
FOR FURTHER INFORMATION CONTACT:
any such parcel will not be on a Arista filed petitions for review. On
Amanda Pitcher Fisherow, Esq., Office March 3, 2016, the parties, including the
contingency basis. It is the of the General Counsel, U.S.
responsibility of the buyer to be aware IA, filed responses to the respective
International Trade Commission, 500 E petitions for review. On April 11, 2016,
of all applicable Federal, State, and Street SW., Washington, DC 20436,
local government policies and the Commission determined to review
telephone (202) 205–2737. Copies of the ID in-part. The Commission
regulations that would affect the subject non-confidential documents filed in determined to review the final ID on the
lands. It is also the buyer’s connection with this investigation are or following issues: (1) Infringement of the
responsibility to be aware of existing or will be available for inspection during ’537, ’597, ’592 and ’145 patents; (2)
prospective uses of nearby properties. official business hours (8:45 a.m. to 5:15 patentability of the ’597, ’592, and ’145
Lands without access from a public road p.m.) in the Office of the Secretary, U.S. inventions under 35 U.S.C. 101; (3) the
or highway will be conveyed as such, International Trade Commission, 500 E construction of ‘‘said router
and future access acquisition will be the Street SW., Washington, DC 20436, configuration data managed by said
responsibility of the buyer. telephone (202) 205–2000. General database system and derived from
Before including your address, phone information concerning the Commission configuration commands supplied by a
may also be obtained by accessing its user and executed by a router
number, email address, or other
Internet server at http://www.usitc.gov. configuration subsystem before being
personal identifying information in your
The public record for this investigation stored in said database’’ of claims 1, 10,
comment, you should be aware that
may be viewed on the Commission’s and 19 of the ’537 patent; (4) the
your entire comment—including your electronic docket (EDIS) at http://
personal identifying information—may construction of ‘‘a change to a
edis.usitc.gov. Hearing-impaired configuration’’/‘‘a change in
be made publicly available at any time. persons are advised that information on configuration’’ of claims 1, 39, and 71 of
While you can ask us in your comment this matter can be obtained by the ’597 patent; (5) equitable estoppel;
to withhold your personal identifying contacting the Commission’s TDD (6) laches; (7) the technical prong of
information from public review, we terminal on (202) 205–1810. domestic industry for the ’537, ’597,
cannot guarantee that we will be able to SUPPLEMENTARY INFORMATION: The ’592 and ’145 patents; (8) economic
do so. Any adverse comments will be Commission instituted this investigation prong of domestic industry; and (9)
mstockstill on DSK3G9T082PROD with NOTICES

reviewed by the Wyoming State on January 27, 2015, based on a importation. To the extent any findings
Director, who may sustain, vacate, or complaint filed on behalf of Cisco that the Commission reviewed
modify this realty action. In the absence Systems, Inc. (‘‘Complainant’’) of San implicated the ID’s findings for the ’164
of timely filed objections, this realty Jose, California. 80 FR 4314–15 (Jan. 27, patent (e.g., intent to induce
action will become the final 2015). The complaint was filed on infringement), the Commission also
determination of the Department of the December 19, 2014 and a supplement reviewed those findings for the ’164
Interior. was filed on January 8, 2015. The patent. The parties briefed the issues on

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42376 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices

review, remedy, bonding, and the public Issued: June 23, 2016. subparts A through E (19 CFR part 201),
interest. Lisa R. Barton, and part 207, subparts A and C (19 CFR
After considering the final ID, written Secretary to the Commission. part 207).
submissions, and the record in this [FR Doc. 2016–15341 Filed 6–28–16; 8:45 am] Authority: This review is being conducted
investigation, the Commission has BILLING CODE 7020–02–P under authority of title VII of the Tariff Act
determined to affirm-in-part the final ID of 1930; this notice is published pursuant to
section 207.62 of the Commission’s rules.
and to terminate the investigation with
a finding of violation of section 337. INTERNATIONAL TRADE By order of the Commission.
Specifically, the Commission finds that COMMISSION Issued: June 23, 2016.
a violation of section 337 has occurred [Investigation No. 731–TA–1070B (Second Lisa R. Barton,
for the ’537, ’592, and ’145 patents and Review)] Secretary to the Commission.
no violation has occurred for the ’597 [FR Doc. 2016–15340 Filed 6–28–16; 8:45 am]
and ’164 patents. The Commission finds Certain Tissue Paper Products From
BILLING CODE 7020–02–P
that the asserted claims of the ’597 and China; Cancellation of Hearing for Full
’164 patents are not directly infringed Five-Year Review
by the accused products. AGENCY: United States International INTERNATIONAL TRADE
Having found a violation of section Trade Commission. COMMISSION
337 in this investigation, the ACTION: Notice.
Notice of Receipt of Complaint;
Commission has determined that the Solicitation of Comments Relating to
appropriate form of relief is (1) a limited DATES: Effective Date: April 12, 2016.
the Public Interest
exclusion order prohibiting the FOR FURTHER INFORMATION CONTACT:
unlicensed entry of certain network Justin Enck (202) 205–3363, Office of AGENCY: U.S. International Trade
devices, related software and Investigations, U.S. International Trade Commission.
components thereof that infringe one or Commission, 500 E Street SW., ACTION: Notice.
more of claims 1, 2, 8–11, and 17–19 of Washington, DC 20436. Hearing-
the ’537 patent; claims 6, 7, 20, and 21 impaired persons can obtain SUMMARY: Notice is hereby given that
information on this matter by contacting the U.S. International Trade
of the ’592 patent; and claims 5, 7, 45,
the Commission’s TDD terminal on 202– Commission has received a complaint
and 46 of the ’145 patent; and (2) a cease
205–1810. Persons with mobility entitled Certain Potassium Chloride
and desist order prohibiting Arista from
impairments who will need special Powder Products, DN 3157; the
importing, selling, marketing, Commission is soliciting comments on
advertising, distributing, transferring assistance in gaining access to the
Commission should contact the Office any public interest issues raised by the
(except for exportation), and soliciting complaint or complainant’s filing under
of the Secretary at 202–205–2000.
United States, agents or distributors for section 210.8(b) of the Commission’s
General information concerning the
States certain network devices, related Rules of Practice and Procedure (19 CFR
Commission may also be obtained by
software and components thereof that 210.8(b)).
accessing its internet server (http://
infringe one or more of claims 1, 2, 8– www.usitc.gov). The public record for FOR FURTHER INFORMATION CONTACT: Lisa
11, and 17–19 of the ’537 patent; claims this review may be viewed on the R. Barton, Secretary to the Commission,
6, 7, 20, and 21 of the ’592 patent; and Commission’s electronic docket (EDIS) U.S. International Trade Commission,
claims 5, 7, 45, and 46 of the ’145 at http://edis.usitc.gov. 500 E Street SW., Washington, DC
patent. 20436, telephone (202) 205–2000. The
SUPPLEMENTARY INFORMATION: Effective
The Commission has also determined January 6, 2016, the Commission public version of the complaint can be
that the public interest factors established a schedule for the conduct accessed on the Commission’s
enumerated in section 337(d) and (f) (19 of this review (81 FR 1643, January 13, Electronic Document Information
U.S.C. 1337(d) and (f)) do not preclude 2016). Subsequently, counsel for the System (EDIS) at EDIS,1 and will be
issuance of the limited exclusion order domestic interested parties filed a available for inspection during official
or a cease and desist order. Finally, the request to appear at the hearing and for business hours (8:45 a.m. to 5:15 p.m.)
Commission has determined that a bond consideration of cancellation of the in the Office of the Secretary, U.S.
during the period of Presidential review hearing. Counsel indicated a willingness International Trade Commission, 500 E
(19 U.S.C. 1337(j)) shall be in the to submit written testimony and Street SW., Washington, DC 20436,
amount of zero percent (0%) of the responses to any Commission questions telephone (202) 205–2000.
entered value of the imported articles in lieu of an actual hearing. No other General information concerning the
that are subject to the limited exclusion party has entered an appearance in this Commission may also be obtained by
order or cease and desist order. The review. Consequently, the public accessing its Internet server at United
Commission’s orders and opinion were hearing in connection with this review, States International Trade Commission
delivered to the President and to the scheduled to begin at 9:30 a.m. on (USITC) at USITC.2 The public record
United States Trade Representative on Thursday, April 28, 2016, at the U.S. for this investigation may be viewed on
the day of their issuance. International Trade Commission the Commission’s Electronic Document
Building, is cancelled. Parties to this Information System (EDIS) at EDIS.3
The authority for the Commission’s Hearing-impaired persons are advised
review should respond to any written
mstockstill on DSK3G9T082PROD with NOTICES

determination is contained in section that information on this matter can be
questions posed by the Commission in
337 of the Tariff Act of 1930, as
their posthearing briefs, which are due
amended (19 U.S.C. 1337), and in Part 1 Electronic Document Information System
to be filed on May 5, 2016.
210 of the Commission’s Rules of For further information concerning (EDIS): http://edis.usitc.gov.
Practice and Procedure (19 CFR part this review see the Commission’s notice
2 United States International Trade Commission

210). (USITC): http://edis.usitc.gov.
cited above and the Commission’s Rules 3 Electronic Document Information System

By order of the Commission. of Practice and Procedure, part 201, (EDIS): http://edis.usitc.gov.

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Document Created: 2018-02-08 07:43:04
Document Modified: 2018-02-08 07:43:04

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		Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 at 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		81 FR 42375