82 FR 51292 - Certain Wafer-Level Packaging Semiconductor Devices and Products Containing Same (Including Cellular Phones, Tablets, Laptops, and Notebooks) and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range		51292-51293
FR Document		2017-24004

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 28, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Tessera Advanced Technologies, Inc. of San Jose, California. A supplement to the complaint was filed on October 13, 2017. 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 wafer-level packaging semiconductor devices and products containing same (including cellular phones, tablets, laptops, and notebooks) and components thereof by reason of infringement of one or more claims of U.S. Patent No. 6,954,001 (``the '001 patent'') and U.S. Patent No. 6,784,557 (``the '557 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)

[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51292-51293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24004]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1080]


Certain Wafer-Level Packaging Semiconductor Devices and Products 
Containing Same (Including Cellular Phones, Tablets, Laptops, and 
Notebooks) and Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 28, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Tessera 
Advanced Technologies, Inc. of San Jose, California. A supplement to 
the complaint was filed on October 13, 2017. 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 wafer-level packaging semiconductor 
devices and products containing same (including cellular phones, 
tablets, laptops, and notebooks) and components thereof by reason of 
infringement of one or more claims of U.S. Patent No. 6,954,001 (``the 
'001 patent'') and U.S. Patent No. 6,784,557

[[Page 51293]]

(``the '557 patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, The Office of 
Secretary, Docket Services, U.S. International Trade Commission, 
telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 30, 2017, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain wafer-level 
packaging semiconductor devices and products containing same (including 
cellular phones, tablets, laptops, and notebooks) and components 
thereof by reason of infringement of one or more of claims 1-8 of the 
'557 patent and claims 1-18 of the '001 patent; and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Tessera Advanced Technologies, Inc., 3025 
Orchard Parkway, San Jose, CA 95134.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    Samsung Electronics Co., Ltd., 129 Samsung-ro, Maetan-3dong, 
Yeongtong-gu, Suwon-si, Gyeonggi-do, Republic of Korea 443-742.
    Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield 
Park, NJ 07660.
    Samsung Semiconductor, Inc., 3655 N. 1st Street, San Jose, CA 
95134.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: October 31, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-24004 Filed 11-2-17; 8:45 am]
BILLING CODE 7020-02-P

51292 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices

(‘‘Excel’’), alleging a violation of section Respondents. Excel also requested a Commission has determined that the
337 of the Tariff Act of 1930, as general exclusion order, cease and bond for importation during the period
amended, 19 U.S.C. 1337 (‘‘section desist orders, and a bond rate of 100 of Presidential review shall be in the
337’’), based upon the importation into percent of entered value during the amount of 100 percent of the entered
the United States, or in the sale of period of Presidential review. On April value of the imported subject articles of
certain hand dryers and housings for 5, 2017, the OUII filed a response in the respondents. The investigation is
hand dryers by reason of trade dress support of Excel’s motion and requested terminated.
infringement, the threat or effect of remedy. On June 2, 2017, the ALJ issued Chairman Schmidtlein supports
which is to destroy or substantially the subject ID/RD (Order No. 27), issuing all of the cease and desist orders
injure an industry in the United States. granting the motion and recommending requested by Excel, including against
See 81 FR 50549–50 (Aug. 1, 2016). The that the Commission issue a general Vinovo. She has filed a dissenting
notice of investigation identified twelve exclusion order, issue cease and desist opinion explaining her views.
respondents: ACL Group (Intl.) Ltd. of orders, and set a bond at 100 percent of The Commission’s orders and opinion
Skelbrooke, United Kingdom (‘‘ACL’’); entered value during the period of were delivered to the President and the
Alpine Industries Inc. of Irvington, New Presidential review. No petitions for United States Trade Representative on
Jersey (‘‘Alpine’’); FactoryDirectSale of review of the subject ID were filed. the day of their issuance.
Ontario, California; Fujian Oryth On July 14, 2017, the Commission The authority for the Commission’s
Industrial Co., Ltd. (a/k/a Oryth) of determined ‘‘to review the ID’s analysis determination is contained in section
Fujian, China (‘‘Oryth’’); Jinhua Kingwe and finding with respect to the 337 of the Tariff Act of 1930, as
Electrical Co. Ltd., (a/k/a Kingwe) of existence of a domestic industry.’’ amended (19 U.S.C. 1337), and in part
Jinhua City, China (‘‘Kingwe’’); Penson Notice (July 14, 2017). The Commission 210 of the Commission’s Rules of
& Co. of Shanghai, China (‘‘Penson’’); also sought written submissions on two Practice and Procedure (19 CFR part
Taizhou Dihour Electrical Appliances issues from the parties, and written 210).
Co., Ltd., a/k/a Dihour of Wenling City, submissions on remedy, the public
By order of the Commission.
China (‘‘Dihour’’); TC Bunny Co., Ltd. of interest, and bonding from the parties
and the public. The Commission Issued: October 30, 2017.
Shanghai, China (‘‘TC Bunny’’);
Toolsempire of Ontario, California; US received a main submission from OUII Lisa R. Barton,
Air Hand Dryer of Sacramento, on July 27, 2017, a main submission Secretary to the Commission.
California (‘‘US Air’’); Sovereign from Excel on July 28, 2017, and a reply [FR Doc. 2017–23938 Filed 11–2–17; 8:45 am]
Industrial (Jiaxing) Co. Ltd. d/b/a submission from OUII on August 2, BILLING CODE 7020–02–P
Vinovo of Jiaxing, China (‘‘Vinovo’’); 2017. No other submissions were
and Zhejiang Aike Appliance Co., Ltd. received.
of Zhejiang, China (‘‘Aike’’). See id. The Having examined the record of this INTERNATIONAL TRADE
Office of Unfair Import Investigations investigation, the Commission has COMMISSION
(‘‘OUII’’) is also a party to this determined to affirm under modified [Investigation No. 337–TA–1080]
investigation. See id. reasoning the ALJ’s finding with respect
The Commission terminated six to the existence of a domestic industry. Certain Wafer-Level Packaging
respondents from the investigation Here, although this investigation Semiconductor Devices and Products
based on consent order stipulations and concerns an alleged violation of section Containing Same (Including Cellular
the entry of consent orders. These 337(a)(1)(A)(i) based on trade dress Phones, Tablets, Laptops, and
terminated respondents are: Alpine, infringement, the ALJ analyzed the Notebooks) and Components Thereof;
Order No. 11 (Sept. 8, 2016), not existence of a domestic industry under Institution of Investigation
reviewed, Notice (Oct. 11, 2016); section 337(a)(3), which applies to
Kingwe, Order No. 12 (Sept. 8, 2016), section 337(a)(1)(B)–(E). The AGENCY: U.S. International Trade
not reviewed, Notice (Oct. 11, 2016); Commission finds that the evidence Commission.
ACL, Order No. 15 (Sept. 28, 2016), not credited by the ALJ is sufficient to ACTION: Notice.
reviewed, Notice (Oct. 27, 2016); Aike, satisfy the requirement of ‘‘an industry
Order No. 16 (Oct. 4, 2016), not in the United States’’ under section SUMMARY: Notice is hereby given that a
reviewed, Notice (Nov. 3, 2016); 337(a)(1)(A)(i). complaint was filed with the U.S.
Toolsempire, Order No. 18 (Oct. 11, The Commission has determined that International Trade Commission on
2016), not reviewed, Notice (Nov. 14, the appropriate form of relief in this September 28, 2017, under section 337
2016); and FactoryDirectSale (Order No. investigation is: (a) A general exclusion of the Tariff Act of 1930, as amended,
19 (Oct. 11, 2016), not reviewed, Notice order; and (b) cease and desist orders on behalf of Tessera Advanced
(Nov. 14, 2016). prohibiting US Air, Penson, and TC Technologies, Inc. of San Jose,
The Commission found the six Bunny from importing, selling, offering California. A supplement to the
remaining respondents in default based for sale, marketing, advertising, complaint was filed on October 13,
on their failure to respond to the distributing, offering for sale, 2017. The complaint alleges violations
complaint and notice of investigation. transferring (except for exportation), or of section 337 based upon the
These respondents (‘‘the Defaulted soliciting U.S. agents or distributors of importation into the United States, the
Respondents’’) are: Penson, Dihour, US imported hand dryers and housings for sale for importation, and the sale within
Air, Oryth, TC Bunny, and Vinovo. hand dryers that infringe the Excel the United States after importation of
Order No. 21 (Oct. 31, 2016), not Trade Dress. The Commission has certain wafer-level packaging
ethrower on DSK3G9T082PROD with NOTICES

reviewed, Notice (Nov. 28, 2016); Order further determined that the public semiconductor devices and products
No. 24 (Feb. 2, 2017), not reviewed, interest factors enumerated in section containing same (including cellular
Notice (Feb. 22, 2017). 337(d)(2) (19 U.S.C. 1337(d)(2)) and in phones, tablets, laptops, and notebooks)
On March 24, 2017, Excel filed a section 337(g)(1) (19 U.S.C. 1337(g)(1)) and components thereof by reason of
motion for summary determination on do not preclude the issuance of the infringement of one or more claims of
domestic industry and violation of general exclusion order and cease and U.S. Patent No. 6,954,001 (‘‘the ’001
section 337 by the Defaulting desist orders, respectively. Finally, the patent’’) and U.S. Patent No. 6,784,557

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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices 51293

(‘‘the ’557 patent’’). The complaint required by subsection (a)(2) of section Issued: October 31, 2017.
further alleges that an industry in the 337; Lisa R. Barton,
United States exists as required by the (2) For the purpose of the Secretary to the Commission.
applicable Federal Statute. investigation so instituted, the following [FR Doc. 2017–24004 Filed 11–2–17; 8:45 am]
The complainant requests that the are hereby named as parties upon which BILLING CODE 7020–02–P
Commission institute an investigation this notice of investigation shall be
and, after the investigation, issue a served:
limited exclusion order and cease and DEPARTMENT OF JUSTICE
(a) The complainant is: Tessera
desist orders.
Advanced Technologies, Inc., 3025
ADDRESSES: The complaint, except for Orchard Parkway, San Jose, CA 95134. Drug Enforcement Administration
any confidential information contained [Docket No. DEA–470F]
(b) The respondents are the following
therein, is available for inspection
entities alleged to be in violation of
during official business hours (8:45 a.m. Final Adjusted Aggregate Production
section 337, and are the parties upon
to 5:15 p.m.) in the Office of the Quotas for Schedule I and II Controlled
which the complaint is to be served:
Secretary, U.S. International Trade Substances and Assessment of
Commission, 500 E Street SW., Room Samsung Electronics Co., Ltd., 129 Annual Needs for the List I Chemicals
112, Washington, DC 20436, telephone Samsung-ro, Maetan-3dong, Yeongtong- Ephedrine, Pseudoephedrine, and
(202) 205–2000. Hearing impaired gu, Suwon-si, Gyeonggi-do, Republic of Phenylpropanolamine for 2017
individuals are advised that information Korea 443–742.
on this matter can be obtained by AGENCY: Drug Enforcement
Samsung Electronics America, Inc., 85
contacting the Commission’s TDD Administration (DEA), Department of
Challenger Road, Ridgefield Park, NJ
terminal on (202) 205–1810. Persons Justice (DOJ).
07660.
with mobility impairments who will ACTION: Final order.
Samsung Semiconductor, Inc., 3655
need special assistance in gaining access N. 1st Street, San Jose, CA 95134. SUMMARY: This final order establishes
to the Commission should contact the the final adjusted 2017 aggregate
Office of the Secretary at (202) 205– (3) For the investigation so instituted,
the Chief Administrative Law Judge, production quotas for controlled
2000. General information concerning substances in schedules I and II of the
the Commission may also be obtained U.S. International Trade Commission,
shall designate the presiding Controlled Substances Act and the
by accessing its internet server at assessment of annual needs for the list
https://www.usitc.gov. The public Administrative Law Judge.
I chemicals ephedrine,
record for this investigation may be The Office of Unfair Import
pseudoephedrine, and
viewed on the Commission’s electronic Investigations will not participate as a
phenylpropanolamine.
docket (EDIS) at https://edis.usitc.gov. party in this investigation.
Responses to the complaint and the This order is applicable
DATES:
FOR FURTHER INFORMATION CONTACT:
notice of investigation must be November 3, 2017.
Katherine Hiner, The Office of
Secretary, Docket Services, U.S. submitted by the named respondents in FOR FURTHER INFORMATION CONTACT:
International Trade Commission, accordance with section 210.13 of the Michael J. Lewis, Diversion Control
telephone (202) 205–1802. Commission’s Rules of Practice and Division, Drug Enforcement
Procedure, 19 CFR 210.13. Pursuant to Administration, 8701 Morrissette Drive,
SUPPLEMENTARY INFORMATION: Springfield, VA 22152, Telephone: (202)
Authority: The authority for 19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the 598–6812.
institution of this investigation is SUPPLEMENTARY INFORMATION:
contained in section 337 of the Tariff Commission if received not later than 20
Act of 1930, as amended, 19 U.S.C. 1337 days after the date of service by the Legal Authority
and in section 210.10 of the Commission of the complaint and the
notice of investigation. Extensions of Section 306 of the Controlled
Commission’s Rules of Practice and Substances Act (CSA) (21 U.S.C. 826)
Procedure, 19 CFR 210.10 (2017). time for submitting responses to the
complaint and the notice of requires the Attorney General to
Scope of Investigation: Having establish aggregate production quotas
investigation will not be granted unless
considered the complaint, the U.S. for each basic class of controlled
good cause therefor is shown.
International Trade Commission, on substances listed in schedules I and II
October 30, 2017, Ordered that— Failure of a respondent to file a timely and for the list I chemicals ephedrine,
(1) Pursuant to subsection (b) of response to each allegation in the pseudoephedrine, and
section 337 of the Tariff Act of 1930, as complaint and in this notice may be phenylpropanolamine. The Attorney
amended, an investigation be instituted deemed to constitute a waiver of the General has delegated this function to
to determine whether there is a right to appear and contest the the Administrator of the Drug
violation of subsection (a)(1)(B) of allegations of the complaint and this Enforcement Administration (DEA)
section 337 in the importation into the notice, and to authorize the pursuant to 28 CFR 0.100.
United States, the sale for importation, administrative law judge and the
or the sale within the United States after Commission, without further notice to Background
importation of certain wafer-level the respondent, to find the facts to be as The DEA published the 2017
packaging semiconductor devices and alleged in the complaint and this notice established aggregate production quotas
ethrower on DSK3G9T082PROD with NOTICES

products containing same (including and to enter an initial determination for controlled substances in schedules I
cellular phones, tablets, laptops, and and a final determination containing and II and for the assessment of annual
notebooks) and components thereof by such findings, and may result in the needs for the list I chemicals ephedrine,
reason of infringement of one or more of issuance of an exclusion order or a cease pseudoephedrine, and
claims 1–8 of the ’557 patent and claims and desist order or both directed against phenylpropanolamine in the Federal
1–18 of the ’001 patent; and whether an the respondent. Register on October 5, 2016. 81 FR
industry in the United States exists as By order of the Commission. 69079. This notice stated that the

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Document Created: 2018-10-25 10:22:32
Document Modified: 2018-10-25 10:22:32

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		Katherine Hiner, The Office of Secretary, Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		82 FR 51292