82 FR 49847 - Certain Radio Frequency Identification (“RFID”) Products and Components Thereof Commission Determination Finding No Violation of Section 337; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 207 (October 27, 2017)

Page Range		49847-49848
FR Document		2017-23366

Notice is hereby given that the U.S. International Trade Commission has determined to find no violation of section 337 of the Tariff Act of 1930, in the above-identified investigation. The investigation is terminated in its entirety.

Federal Register, Volume 82 Issue 207 (Friday, October 27, 2017)

[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49847-49848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23366]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-979]


Certain Radio Frequency Identification (``RFID'') Products and 
Components Thereof Commission Determination Finding No Violation of 
Section 337; 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 to find no violation of section 337 of the 
Tariff Act of 1930, in the above-identified investigation. The 
investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., 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 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 11, 2016, based on a complaint filed by Neology, Inc. of 
Poway, California (``Neology''). 81 FR 1205-06 (Jan. 11, 2016). The 
complaint, as supplemented, alleges violations of section 337 in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain radio 
frequency identification (``RFID'') products and components thereof by 
reason of infringement of certain claims of U.S. Patent Nos. 8,325,044 
(``the '044 patent''); 7,119,664 (``the '664 patent''); and 8,587,436 
(``the '436 patent''). The complaint further alleges that an industry 
in the United States exists as required by 19 U.S.C. 1337(a)(2). The 
notice of investigation named numerous respondents. Respondents Kapsch 
TrafficCom IVHS, Inc. of McLean, Virginia; Kapsch TrafficCom Holding 
Corp. of McLean, Virginia; Kapsch TrafficCom Canada, Inc. of 
Mississauga, Ontario, Canada; Star Systems International, Ltd. of Kwai 
Chung, Hong Kong; and STAR RFID Co., Ltd. of Bangkok, Thailand 
(collectively, ``Respondents'') remain in the investigation. The Office 
of Unfair Import Investigations is also a party in this investigation.
    All asserted claims of the '664 patent and certain asserted claims 
of the '044 patent and the '436 patent have been terminated from the 
investigation. See Comm'n Notice (Sept. 27, 2016). Only claims 13, 14, 
and 25 of the '044 patent and claims 1, 2, and 4 of the '436 patent 
remain in the investigation (collectively, ``the Asserted Claims'').
    On June 22, 2017, the ALJ issued her final ID finding no violation 
of section 337 by the Respondents in connection with the Asserted 
Claims. The final ID found that all of the Asserted Claims are invalid 
on multiple grounds. Had the Asserted Claims not been found invalid, 
the final ID also found that the accused products infringe the Asserted 
Claims; that Neology's domestic industry products practice claim 25 of 
the '044 patent and claims 1, 2, and 4 of the '436 patent; and that 
Neology has satisfied the economic prong of the domestic industry 
requirement as to the '044 and the '436 patents.
    Neology filed a timely petition for review of the final ID, 
challenging the final ID's finding that the Asserted Claims are 
invalid. That same day, the Commission's Investigative Attorney 
(``IA'') filed a contingent petition for review of the final ID and 
Respondents filed a joint contingent petition for review of the final 
ID. Neology and the IA both challenge certain of the final ID's 
findings with respect to the economic prong of the domestic industry 
requirement as to the '436 patent. Respondents also challenge the final 
ID's finding that the Asserted

[[Page 49848]]

Claims are not invalid under 35 U.S.C. 101. On July 13, 2017, the 
parties each filed a timely response to the petitions for review. On 
July 24, 2017, Respondents filed their public interest comments 
pursuant to Commission Rule 210.50(a)(4). Two days later, Neology filed 
a response to Respondents' public interest comments. The Commission 
also received public interest comments from multiple non-parties.
    On August 16, 2017, the Commission determined to review-in-part the 
final ID. Specifically, the Commission determined to review the 
following findings in the final ID: (1) The Asserted Claims are not 
entitled to claim priority to an earlier filing date; (2) the Asserted 
Claims are invalid under 35 U.S.C. 102, 103, and/or 112; (3) the 
Asserted Claims are not invalid under 35 U.S.C. 101; and (4) Neology 
has satisfied the economic prong of the domestic industry requirement 
with respect to the '436 patent. The Commission requested briefing from 
the parties on certain issues under review. The Commission did not 
solicit briefing from the parties and from the public on the issues of 
remedy, bonding, and the public interest.
    Having reviewed the parties' submissions and the record evidence, 
the Commission has determined to affirm, with modified reasoning, the 
ID's finding of no violation of section 337 by the Respondents in 
connection with the Asserted Claims because Respondents have shown that 
the Asserted Claims are invalid under 35 U.S.C. 102, 103 and/or 112. 
The Commission has also determined to affirm with modifications the 
ID's finding that the Asserted Claims are not entitled to claim 
priority to an earlier filing date. The Commission has further 
determined to take no position on the ID's findings that the Asserted 
Claims are directed at patent eligible subject matter under 35 U.S.C. 
101 and that Neology has satisfied the economic prong of the domestic 
industry requirement with respect to the '436 patent. A Commission 
opinion will be issued shortly.
    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 23, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23366 Filed 10-26-17; 8:45 am]
 BILLING CODE 7020-02-P

49848 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

Claims are not invalid under 35 U.S.C. INTERNATIONAL TRADE percent silicon, and less than 4.00
101. On July 13, 2017, the parties each COMMISSION percent iron, by actual weight.
filed a timely response to the petitions Semiconductor grade silicon
[Investigation Nos. 701–TA–567–569 and
for review. On July 24, 2017, 731–TA–1343–1345 (Final)]
(merchandise containing at least 99.99
Respondents filed their public interest percent silicon by actual weight and
comments pursuant to Commission Rule Silicon Metal From Australia, Brazil, classifiable under Harmonized Tariff
210.50(a)(4). Two days later, Neology Kazakhstan, and Norway; Scheduling Schedule of the United States (HTSUS)
filed a response to Respondents’ public of the Final Phase of Countervailing subheading 2804.61.0000) is excluded
interest comments. The Commission Duty and Antidumping Duty from the scope of this investigation.
also received public interest comments Investigations Silicon metal is currently classifiable
from multiple non-parties. under subheadings 2804.69.1000 and
On August 16, 2017, the Commission AGENCY: United States International 2804.69.5000 of the HTSUS. While
determined to review-in-part the final Trade Commission. HTSUS numbers are provided for
ID. Specifically, the Commission ACTION: Notice. convenience and customs purposes, the
determined to review the following written description of the scope remains
SUMMARY: The Commission hereby gives dispositive.’’
findings in the final ID: (1) The Asserted
notice of the scheduling of the final
Claims are not entitled to claim priority Background.—The final phase of
phase of antidumping and
to an earlier filing date; (2) the Asserted these investigations is being scheduled
countervailing duty investigation Nos.
Claims are invalid under 35 U.S.C. 102, pursuant to sections 705(b) and 731(b)
701–TA–567–569 and 731–TA–1343–
103, and/or 112; (3) the Asserted Claims of the Tariff Act of 1930 (19 U.S.C.
1345 (Final) pursuant to the Tariff Act
are not invalid under 35 U.S.C. 101; and 1671d(b) and 1673d(b)), as a result of
of 1930 (‘‘the Act’’) to determine
(4) Neology has satisfied the economic affirmative preliminary determinations
whether an industry in the United
prong of the domestic industry by the Department of Commerce that
States is materially injured or
requirement with respect to the ’436 certain benefits which constitute
threatened with material injury, or the
patent. The Commission requested subsidies within the meaning of section
establishment of an industry in the
briefing from the parties on certain 703 of the Act (19 U.S.C. 1671b) are
United States is materially retarded, by
issues under review. The Commission being provided to manufacturers,
reason of imports of silicon metal,
did not solicit briefing from the parties producers, or exporters in Australia,
provided for in subheadings
and from the public on the issues of Brazil, and Kazakhstan of silicon metal,
2804.69.1000 and 2804.69.5000 of the
remedy, bonding, and the public and that such products imported from
Harmonized Tariff Schedule of the
interest. Australia, Brazil, and Norway are being
United States, from Australia, Brazil,
Having reviewed the parties’ sold in the United States at less than fair
and Norway preliminarily determined
submissions and the record evidence, value within the meaning of section 733
by the Department of Commerce to be
the Commission has determined to of the Act (19 U.S.C. 1673b). The
sold at less than fair value, and imports
affirm, with modified reasoning, the ID’s investigations were requested in
of silicon metal preliminarily
finding of no violation of section 337 by petitions filed on March 8, 2017, by
determined to be subsidized by the
the Respondents in connection with the Globe Specialty Metals, Inc., Beverly,
governments of Australia, Brazil, and
Asserted Claims because Respondents Ohio.
Kazakhstan.
have shown that the Asserted Claims are For further information concerning
invalid under 35 U.S.C. 102, 103 and/ DATES: October 12, 2017. the conduct of this phase of the
or 112. The Commission has also FOR FURTHER INFORMATION CONTACT: investigations, hearing procedures, and
determined to affirm with modifications Lawrence Jones ((202) 205–3358), Office rules of general application, consult the
the ID’s finding that the Asserted Claims of Investigations, U.S. International Commission’s Rules of Practice and
are not entitled to claim priority to an Trade Commission, 500 E Street SW., Procedure, part 201, subparts A and B
earlier filing date. The Commission has Washington, DC 20436. Hearing- (19 CFR part 201), and part 207,
further determined to take no position impaired persons can obtain subparts A and C (19 CFR part 207).
on the ID’s findings that the Asserted information on this matter by contacting Participation in the investigations and
Claims are directed at patent eligible the Commission’s TDD terminal on 202– public service list.—Persons, including
subject matter under 35 U.S.C. 101 and 205–1810. Persons with mobility industrial users of the subject
that Neology has satisfied the economic impairments who will need special merchandise and, if the merchandise is
prong of the domestic industry assistance in gaining access to the sold at the retail level, representative
requirement with respect to the ’436 Commission should contact the Office consumer organizations, wishing to
patent. A Commission opinion will be of the Secretary at 202–205–2000. participate in the final phase of these
issued shortly. General information concerning the investigations as parties must file an
The authority for the Commission’s Commission may also be obtained by entry of appearance with the Secretary
determination is contained in section accessing its internet server (https:// to the Commission, as provided in
337 of the Tariff Act of 1930, as www.usitc.gov). The public record for section 201.11 of the Commission’s
amended, 19 U.S.C. 1337, and in Part these investigations may be viewed on rules, no later than 21 days prior to the
210 of the Commission’s Rules of the Commission’s electronic docket hearing date specified in this notice. A
(EDIS) at https://edis.usitc.gov.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Practice and Procedure, 19 CFR part party that filed a notice of appearance
210. SUPPLEMENTARY INFORMATION: during the preliminary phase of the
Scope.—For purposes of these investigations need not file an
By order of the Commission.
investigations, the Department of additional notice of appearance during
Issued: October 23, 2017. this final phase. The Secretary will
Commerce has defined the subject
Lisa R. Barton, merchandise as follows: ‘‘all forms and maintain a public service list containing
Secretary to the Commission. sizes of silicon metal, including silicon the names and addresses of all persons,
[FR Doc. 2017–23366 Filed 10–26–17; 8:45 am] metal powder. Silicon metal contains at or their representatives, who are parties
BILLING CODE 7020–02–P least 85.00 percent but less than 99.99 to the investigations.

VerDate Sep<11>2014 17:54 Oct 26, 2017 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1

Document Created: 2017-10-27 02:06:29
Document Modified: 2017-10-27 02:06:29

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, Esq., 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 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		82 FR 49847