82 FR 42562 - Certain Electronic Devices, Including Mobile Phones, Tablet Computers, and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 173 (September 8, 2017)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 26) of the presiding administrative law judge (``ALJ'') granting a joint motion to terminate the investigation based on settlement.

[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Notices]
[Pages 42562-42563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19084]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1038]


Certain Electronic Devices, Including Mobile Phones, Tablet 
Computers, and Components Thereof; Notice of a Commission Determination 
Not To Review an Initial Determination Granting a Joint Motion To 
Terminate the Investigation; Termination of the 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 has determined not to review an initial determination 
(``ID'') (Order No. 26) of the presiding administrative law judge 
(``ALJ'') granting a joint motion to terminate the investigation based 
on settlement.

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 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 January 27, 2017, based on a complaint and supplements, filed on 
behalf of Nokia Technologies Oy of Espoo, Finland (``complainant''). 82 
FR 8626-27 (Jan. 27, 2017). The complaint, as supplemented, 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 electronic devices, including mobile 
phones, tablet computers, and components thereof by reason of 
infringement of certain claims of U.S. Patent Nos. 7,415,247 (``the 
'247 patent''); 9,270,301 (``the '301 patent''); 6,393,260 (``the '260 
patent''); 6,826,391 (``the '391 patent''); 6,480,700; 9,473,602; 
7,653,366; and 8,036,619. The Notice of Investigation named Apple Inc., 
a/k/a Apple Computer, Inc. of Cupertino, California (``respondent'') as 
a respondent. The Office of Unfair Import Investigations (``OUII'') was 
named as a party. On January 26, 2017, the ALJ severed the 
investigation into two investigations. The '301, '391, '260 and '247 
patents are now asserted in Inv. No. 337-TA-1039.
    On June 7, 2017, complainant and respondent filed a joint motion to

[[Page 42563]]

terminate the investigation based on a settlement agreement and related 
agreements. OUII did not oppose the motion. The parties represented 
that the Settlement and Release Agreement and related agreements 
reflect the entire and only agreements between the parties regarding 
the subject matter of the investigation and that there are no other 
agreements, written or oral, express or implied between the parties 
regarding the subject matter of the investigation. The parties were 
directed to file revised public versions of the settlement agreement 
and related agreements. On August 1, 2017, the parties filed an updated 
joint supplement submission reflecting the updates submitted in co-
pending Inv. 337-TA-1039.
    On August 8, 2017, the ALJ issued an order (Order No. 26) granting 
the joint motion to terminate the investigation. The ALJ found that no 
public interest concerns are implicated by this settlement. No 
petitions for review were filed.
    The Commission has determined not to review the ID and terminates 
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: September 5, 2017.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2017-19084 Filed 9-7-17; 8:45 am]
 BILLING CODE 7020-02-P