81 FR 85263 - Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same; Notice of Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 227 (November 25, 2016)
Federal Register Volume 81, Issue 227 (November 25, 2016)
| Page Range | 85263-85264 | |
| FR Document | 2016-28358 |
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)] [Notices] [Pages 85263-85264] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28358] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-984] Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same; Notice of 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 not to review the presiding administrative law judge's (``ALJ'') initial determinations (``IDs'') (Order Nos. 57- 59), terminating the above-captioned investigation as to the remaining respondents Fujitsu Ten Limited of Hyogo-ken, Japan and Fujitsu Ten Corp. of America, Inc. of Novi, Michigan (collectively, ``Fujitsu Ten''); Renesas Electronics Corporation of Tokyo, Japan and Renesas Electronics America, Inc. of Santa Clara, California (collectively, ``Renesas''); and Honda Motor Co., Ltd. of Tokyo, Japan; Honda North America, Inc., American Honda Motor Co., Inc., and Honda R&D Americas, Inc., all of Torrance, California; Honda Engineering North America, Inc. and Honda of America Mfg., Inc., both of Marysville, Ohio; Honda Manufacturing of Alabama, LLC of Lincoln, Alabama; and Honda Manufacturing of Indiana, LLC of Greensburg, Indiana (collectively, the ``Honda respondents'') based on patent license agreements. The Commission has also determined to terminate the investigation. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 February 3, 2016, based on a complaint filed by Advanced Silicon Technologies LLC of Portsmouth, New Hampshire. 81 FR 5782-84. The complaint alleged 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. 6,339,428 (``the '428 patent''); 6,546,439 (``the '439 patent''); 6,630,935 (``the '935 patent''); and 8,933,945 (``the '945 patent''). The complaint further alleged that a domestic industry exists. The Commission's Notice of Investigation named several respondents including Fujitsu Ten, Renesas, and the Honda respondents. The Office of Unfair Import Investigations was also named as a party to the investigation. Only Fujitsu, Renesas, and the Honda respondents remain in the investigation. On July 12, 2016, the Commission authorized judicial enforcement of a subpoena duces tecum and ad testificandum issued by the ALJ to non- party NXP Semiconductors USA, Inc. of Austin, Texas and authorized its Office of the General Counsel to seek judicial enforcement of the subpoena. Subsequently, on September 14, 2016, the complainant withdrew its request for judicial enforcement of the subpoena. On April 14, 2016, the Commission issued notice of its determination not to review the ALJ's ID (Order No. 16) terminating the investigation as to claims 8-9 and 16-17 of the '428 patent; claim 11 of the '439 patent; and claim 2 of the '945 patent. On July 20, 2016, the Commission issued notice of its determination not to review the ALJ's ID (Order No. 41) terminating the investigation as to: (1) Claims 7 and 14 of the '439 patent; (2) claim 6 of the '935 patent; and (3) claim 21 of the '945 patent as to all respondents; and (4) claims 8 and 16 of the '439 patent only as to Renesas. On August 9, 2016, the Commission issued notice of its determination not to review the ALJ's ID (Order No. 45) terminating the investigation as to claims 25-29 of the '428 patent with respect to all respondents. On June 1, 2016, the Commission issued notice of its determination not to review the ALJ's ID (Order No. 33) terminating the investigation as to respondent NVIDIA Corporation of Santa Clara, California based on a settlement agreement. On August 18, 2016, the Commission issued notice of its determination not to review the ALJ's ID (Order No. 49) terminating the investigation as to respondent Texas Instruments Inc. of Dallas, Texas based on a settlement agreement. On October 13, 2016, the Commission issued notice of its determination not to review the ALJ's IDs (Order Nos. 53-55) terminating the investigation as to the following respondents based on withdrawal of allegations in the complaint as to these respondents: Bayerische Motoren Werke AG of Munich, Germany; BMW of North America, LLC of Woodcliff Lake, New Jersey; and BMW Manufacturing Co., LLC of Greer, South Carolina; Harman International Industries Inc. of Stamford, Connecticut; Harman Becker Automotive Systems, Inc. of Farmington Hills, Michigan; and Harman Becker Automotive Systems GmbH of Karlsbad, Germany; and Toyota Motor Corporation of Aichi-ken, Japan; Toyota [[Page 85264]] Motor North America, Inc. of New York City, New York; Toyota Motor Sales, U.S.A., Inc. of Torrance, California; Toyota Motor Engineering & Manufacturing North America, Inc. of Erlanger, Kentucky; Toyota Motor Manufacturing, Indiana, Inc. of Princeton, Indiana; Toyota Motor Manufacturing, Kentucky, Inc. of Georgetown, Kentucky; and Toyota Motor Manufacturing, Mississippi, Inc. of Blue Springs, Mississippi. On October 19, 2016, the Commission issued notice of its determination not to review the ALJ's ID (Order No. 56) terminating the investigation as to Volkswagen AG of Wolfsburg, Germany; Volkswagen Group of America, Inc. and Audi of America, LLC, both of Herndon, Virginia; Volkswagen Group of America Chattanooga Operations, LLC of Chattanooga, Tennessee; and Audi AG of Ingolstadt, Germany based on a settlement agreement. On August 24, 2016, the complainant and Fujitsu Ten jointly moved to terminate the investigation as to Fujitsu Ten based on a patent license agreement. On August 25, 2016, the complainant and Renesas jointly moved to terminate the investigation as to Renesas based on a patent license agreement. On the same date, the complainant and the Honda respondents jointly moved to terminate the investigation as to the Honda respondents based on a patent license agreement. OUII filed responses supporting each motion and no other responses were received. On October 24, 2016, the ALJ issued the subject IDs (Order Nos. 57- 59) granting the joint motions for termination of the investigation as to Fujitsu Ten, Renesas, and the Honda respondents, and finding that the motions satisfy Commission Rules 210.21(a)(2), (b)(1) (19 CFR 210.21(a)(2), (b)(1)) and that each termination is in the public interest. No petitions for review were filed. The Commission has determined not to review the subject IDs and has terminated the investigation. 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: November 21, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-28358 Filed 11-23-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices 85263
SUPPLEMENTARY INFORMATION: The Water Limited of Hyogo-ken, Japan and Fujitsu a party to the investigation. Only
Resources Planning Act of 1965 and the Ten Corp. of America, Inc. of Novi, Fujitsu, Renesas, and the Honda
Water Resources Development Act of Michigan (collectively, ‘‘Fujitsu Ten’’); respondents remain in the investigation.
1974 require an annual determination of Renesas Electronics Corporation of On July 12, 2016, the Commission
a discount rate for Federal water Tokyo, Japan and Renesas Electronics authorized judicial enforcement of a
resources planning. The discount rate America, Inc. of Santa Clara, California subpoena duces tecum and ad
for Federal water resources planning for (collectively, ‘‘Renesas’’); and Honda testificandum issued by the ALJ to non-
fiscal year 2017 is 2.875 percent. Motor Co., Ltd. of Tokyo, Japan; Honda party NXP Semiconductors USA, Inc. of
Discounting is to be used to convert North America, Inc., American Honda Austin, Texas and authorized its Office
future monetary values to present Motor Co., Inc., and Honda R&D of the General Counsel to seek judicial
values. This rate has been computed in Americas, Inc., all of Torrance, enforcement of the subpoena.
accordance with Section 80(a), Public California; Honda Engineering North Subsequently, on September 14, 2016,
Law 93–251 (88 Stat. 34), and 18 CFR America, Inc. and Honda of America the complainant withdrew its request
704.39, which: (1) Specify that the rate Mfg., Inc., both of Marysville, Ohio; for judicial enforcement of the
will be based upon the average yield Honda Manufacturing of Alabama, LLC subpoena.
during the preceding fiscal year on of Lincoln, Alabama; and Honda On April 14, 2016, the Commission
interest-bearing marketable securities of Manufacturing of Indiana, LLC of issued notice of its determination not to
the United States which, at the time the Greensburg, Indiana (collectively, the review the ALJ’s ID (Order No. 16)
computation is made, have terms of 15 ‘‘Honda respondents’’) based on patent terminating the investigation as to
years or more remaining to maturity license agreements. The Commission claims 8–9 and 16–17 of the ’428 patent;
(average yield is rounded to nearest one- has also determined to terminate the claim 11 of the ’439 patent; and claim
eighth percent); and (2) provide that the investigation. 2 of the ’945 patent. On July 20, 2016,
rate will not be raised or lowered more the Commission issued notice of its
FOR FURTHER INFORMATION CONTACT:
than one-quarter of 1 percent for any determination not to review the ALJ’s ID
Clint Gerdine, Office of the General
year. The U.S. Department of the (Order No. 41) terminating the
Counsel, U.S. International Trade
Treasury calculated the specified investigation as to: (1) Claims 7 and 14
Commission, 500 E Street SW.,
average to be 2.3596 percent. This rate, of the ’439 patent; (2) claim 6 of the ’935
Washington, DC 20436, telephone (202)
rounded to the nearest one-eighth patent; and (3) claim 21 of the ’945
708–2310. Copies of non-confidential
percent, is 2.375 percent, which is a patent as to all respondents; and (4)
documents filed in connection with this
change of more than the allowable one- claims 8 and 16 of the ’439 patent only
investigation are or will be available for
quarter of 1 percent. Therefore, the as to Renesas. On August 9, 2016, the
inspection during official business
fiscal year 2017 rate is 2.875 percent. Commission issued notice of its
hours (8:45 a.m. to 5:15 p.m.) in the
The rate of 2.875 percent will be used determination not to review the ALJ’s ID
Office of the Secretary, U.S. (Order No. 45) terminating the
by all Federal agencies in the International Trade Commission, 500 E
formulation and evaluation of water and investigation as to claims 25–29 of the
Street SW., Washington, DC 20436, ’428 patent with respect to all
related land resources plans for the telephone (202) 205–2000. General
purpose of discounting future benefits respondents.
information concerning the Commission On June 1, 2016, the Commission
and computing costs or otherwise may also be obtained by accessing its issued notice of its determination not to
converting benefits and costs to a Internet server at https://www.usitc.gov. review the ALJ’s ID (Order No. 33)
common-time basis. The public record for this investigation terminating the investigation as to
Dated: October 13, 2016. may be viewed on the Commission’s respondent NVIDIA Corporation of
Roseann Gonzales, electronic docket (EDIS) at https:// Santa Clara, California based on a
Director, Policy and Administration. edis.usitc.gov. Hearing-impaired settlement agreement. On August 18,
[FR Doc. 2016–28339 Filed 11–23–16; 8:45 am]
persons are advised that information on 2016, the Commission issued notice of
this matter can be obtained by its determination not to review the ALJ’s
BILLING CODE 4332–90–P
contacting the Commission’s TDD ID (Order No. 49) terminating the
terminal on (202) 205–1810. investigation as to respondent Texas
SUPPLEMENTARY INFORMATION: The Instruments Inc. of Dallas, Texas based
INTERNATIONAL TRADE
Commission instituted this investigation on a settlement agreement. On October
COMMISSION
on February 3, 2016, based on a 13, 2016, the Commission issued notice
[Investigation No. 337–TA–984] complaint filed by Advanced Silicon of its determination not to review the
Technologies LLC of Portsmouth, New ALJ’s IDs (Order Nos. 53–55)
Certain Computing or Graphics Hampshire. 81 FR 5782–84. The terminating the investigation as to the
Systems, Components Thereof, and complaint alleged violations of section following respondents based on
Vehicles Containing Same; Notice of 337 of the Tariff Act of 1930, as withdrawal of allegations in the
Termination of the Investigation amended, 19 U.S.C. 1337, by reason of complaint as to these respondents:
AGENCY: U.S. International Trade infringement of certain claims of U.S. Bayerische Motoren Werke AG of
Commission. Patent Nos. 6,339,428 (‘‘the ’428 Munich, Germany; BMW of North
ACTION: Notice. patent’’); 6,546,439 (‘‘the ’439 patent’’); America, LLC of Woodcliff Lake, New
6,630,935 (‘‘the ’935 patent’’); and Jersey; and BMW Manufacturing Co.,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY: Notice is hereby given that 8,933,945 (‘‘the ’945 patent’’). The LLC of Greer, South Carolina; Harman
the U.S. International Trade complaint further alleged that a International Industries Inc. of
Commission has determined not to domestic industry exists. The Stamford, Connecticut; Harman Becker
review the presiding administrative law Commission’s Notice of Investigation Automotive Systems, Inc. of Farmington
judge’s (‘‘ALJ’’) initial determinations named several respondents including Hills, Michigan; and Harman Becker
(‘‘IDs’’) (Order Nos. 57–59), terminating Fujitsu Ten, Renesas, and the Honda Automotive Systems GmbH of Karlsbad,
the above-captioned investigation as to respondents. The Office of Unfair Germany; and Toyota Motor
the remaining respondents Fujitsu Ten Import Investigations was also named as Corporation of Aichi-ken, Japan; Toyota
VerDate Sep<11>2014 18:57 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/81_FR_85490/page/1.svg)
![85264 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Notices
Motor North America, Inc. of New York INTERNATIONAL TRADE (‘‘DongGuan’’); Eko Brands, LLC (‘‘Eko
City, New York; Toyota Motor Sales, COMMISSION Brands’’); Evermuch Technology Co.,
U.S.A., Inc. of Torrance, California; Ltd. and Ever Much Company Ltd.
[Investigation No. 337–TA–929]
Toyota Motor Engineering & (together, ‘‘Evermuch’’); and several
Manufacturing North America, Inc. of Enforcement and Rescission additional respondents who were
Erlanger, Kentucky; Toyota Motor Proceeding; Certain Beverage Brewing terminated by reason of consent order or
Manufacturing, Indiana, Inc. of Capsules, Components Thereof, and settlement. 79 FR 53445. The Office of
Princeton, Indiana; Toyota Motor Products Containing the Same; Notice Unfair Import Investigations (‘‘OUII’’)
Manufacturing, Kentucky, Inc. of of Institution of Rescission Proceeding was also named as a party to the
Georgetown, Kentucky; and Toyota investigation. Id. The Commission
Motor Manufacturing, Mississippi, Inc. AGENCY: U.S. International Trade found Eko Brands and Evermuch in
of Blue Springs, Mississippi. On Commission. default for failure to respond to the
October 19, 2016, the Commission ACTION: Notice. complaint and notice of investigation.
issued notice of its determination not to Notice (May 18, 2015).
review the ALJ’s ID (Order No. 56) SUMMARY: Notice is hereby given that On March 17, 2016, the Commission
terminating the investigation as to the U.S. International Trade found no violation of section 337 by
Volkswagen AG of Wolfsburg, Germany; Commission has instituted a rescission Solofill and DongGuan because claims
Volkswagen Group of America, Inc. and proceeding relating to the March 17, 5–7, 18, and 20 were invalid for a lack
Audi of America, LLC, both of Herndon, 2016 limited exclusion order and cease of written description and claims 5 and
Virginia; Volkswagen Group of America and desist order issued in the above- 6 were invalid as anticipated. 81 FR
Chattanooga Operations, LLC of referenced investigation. 15742–43 (Mar. 24, 2016). The
Chattanooga, Tennessee; and Audi AG FOR FURTHER INFORMATION CONTACT: Commission, however, presumed that
of Ingolstadt, Germany based on a Robert J. Needham, Office of the General the allegations were true with respect to
settlement agreement. Counsel, U.S. International Trade the remaining allegations against the
On August 24, 2016, the complainant Commission, 500 E Street SW., defaulted parties Eko Brands and
and Fujitsu Ten jointly moved to Washington, DC 20436, telephone (202) Evermuch, and thus concluded that they
terminate the investigation as to Fujitsu 205–3438. Copies of non-confidential violated section 337 with respect to
Ten based on a patent license documents filed in connection with this claims 8 and 19. Id. at 15743. The
agreement. On August 25, 2016, the investigation are or will be available for Commission issued a limited exclusion
inspection during official business order prohibiting Eko Brands and
complainant and Renesas jointly moved
hours (8:45 a.m. to 5:15 p.m.) in the Evermuch from importing certain
to terminate the investigation as to
Office of the Secretary, U.S. beverage brewing capsules, components
Renesas based on a patent license
International Trade Commission, 500 E thereof, and products containing the
agreement. On the same date, the
Street SW., Washington, DC 20436, same that infringed claims 8 or 19 of the
complainant and the Honda
telephone (202) 205–2000. General ’320 patent. Id. The Commission also
respondents jointly moved to terminate
information concerning the Commission issued cease and desist orders against
the investigation as to the Honda
may also be obtained by accessing its Eko Brands and Evermuch prohibiting
respondents based on a patent license
the sale and distribution within the
agreement. OUII filed responses Internet server (https://www.usitc.gov).
United States of articles that infringe
supporting each motion and no other The public record for this investigation
claims 8 or 19. Id.
responses were received. may be viewed on the Commission’s On June 1, 2016, ARM filed a
On October 24, 2016, the ALJ issued electronic docket (EDIS) at https:// complaint requesting that the
the subject IDs (Order Nos. 57–59) edis.usitc.gov. Hearing-impaired Commission institute a formal
granting the joint motions for persons are advised that information on enforcement proceeding under
termination of the investigation as to this matter can be obtained by Commission Rule 210.75(b) to
Fujitsu Ten, Renesas, and the Honda contacting the Commission’s TDD investigate violations of the March 17,
respondents, and finding that the terminal on (202) 205–1810. 2016, limited exclusion order and cease
motions satisfy Commission Rules SUPPLEMENTARY INFORMATION: The and desist order by Eko Brands and
210.21(a)(2), (b)(1) (19 CFR 210.21(a)(2), Commission instituted the original Espresso Supply, Inc. The Commission
(b)(1)) and that each termination is in investigation on September 9, 2014, instituted a formal enforcement
the public interest. No petitions for based on a complaint filed by Adrian proceeding on July 1, 2016. 81 FR
review were filed. Rivera and Adrian Rivera Maynez 43242–43.
The Commission has determined not Enterprises, Inc. (collectively, ‘‘ARM’’). On September 12, 2016, Eko Brands
to review the subject IDs and has 79 FR 53445–46 (Sept. 9, 2016). The petitioned the Commission to rescind its
terminated the investigation. complaint alleged violations of section limited exclusion order and cease and
The authority for the Commission’s 337 of the Tariff Act of 1930, as desist orders, and to terminate the
determination is contained in section amended, 19 U.S.C. 1337, in the enforcement proceeding. Eko Brands
337 of the Tariff Act of 1930, as importation into the United States, the contended that changed circumstances
amended (19 U.S.C. 1337), and in part sale for importation, and the sale within warranted such relief. On September 22,
210 of the Commission’s Rules of the United States after importation of 2016, ARM opposed the petition. On
certain beverage brewing capsules, September 22, 2016, OUII filed a
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Practice and Procedure (19 CFR part
210). components thereof, and products response supporting the institution of a
containing the same, by reason of rescission proceeding but opposing the
By order of the Commission.
infringement of claims 5–8 and 18–20 of termination of the enforcement
Issued: November 21, 2016. U.S. Patent No. 8,720,320 (‘‘the ’320 proceeding.
Lisa R. Barton, patent’’). Id. The notice of institution of On September 30, 2016, Eko Brands
Secretary to the Commission. the investigation named as respondents moved for leave to file a reply in
[FR Doc. 2016–28358 Filed 11–23–16; 8:45 am] Solofill, LLC (‘‘Solofill’’); DongGuan Hai support of its petition. ARM opposed
BILLING CODE 7020–02–P Rui Precision Mould Co., Ltd. the motion on October 6, 2016.
VerDate Sep<11>2014 18:57 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/81_FR_85490/page/2.svg)
Document Created: 2016-11-23 23:18:32
Document Modified: 2016-11-23 23:18:32
| 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 | Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. 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 https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 85263 |
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