82 FR 60761 - Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing Same; Termination of Investigation on the Basis of Settlement

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 245 (December 22, 2017)

Page Range		60761-60762
FR Document		2017-27639

Notice is hereby given that the U.S. International Trade Commission has determined in the above-captioned investigation to grant a motion to terminate the investigation on the basis of settlement, resulting in termination of the investigation in its entirety.

Federal Register, Volume 82 Issue 245 (Friday, December 22, 2017)

[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60761-60762]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27639]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1010]


Certain Semiconductor Devices, Semiconductor Device Packages, and 
Products Containing Same; Termination of Investigation on the Basis of 
Settlement

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 in the above-captioned investigation to grant 
a motion to terminate the investigation on the basis of settlement, 
resulting in termination of the investigation in its entirety.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. 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 June 24, 2016, based on a complaint filed on behalf of Tessera 
Technologies, Inc.; Tessera, Inc.; and Invensas Corporation, all of San 
Jose, California (collectively, ``Tessera''). 81 FR 41344 (Jun. 24, 
2016). The complaint alleges 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 No. 6,856,007 (``the '007 patent''); U.S. 
Patent No. 6,849,946 (``the '946 patent''); and U.S. Patent No. 
6,133,136 (``the '136 patent''). The notice of investigation names 24 
respondents. Those respondents are Broadcom Limited of Singapore, and 
Broadcom Corporation of Irvine, California (collectively, 
``Broadcom''), as well 22 other manufacturers and importers of products 
containing Broadcom's semiconductor devices: Avago Technologies Limited 
of Singapore, and Avago Technologies U.S. Inc. of San Jose, California 
(collectively, ``Avago''); Arista Networks, Inc. of Santa Clara, 
California; ARRIS International plc, ARRIS Group, Inc., ARRIS 
Solutions, Inc., ARRIS Enterprises, and Pace Ltd., all of Suwanee, 
Georgia, as well as Pace Americas LLC and Pace USA LLC, both of Boca 
Raton, Florida, and ARRIS Technology, Inc. of Horsham, Pennsylvania 
(collectively ``ARRIS''); ASUSTek Computer, Inc. of Taipei, Taiwan, and 
ASUS Computer International of Fremont, California (collectively, 
``ASUS''); Comcast Cable Communications, LLC, Comcast Cable 
Communications Management, LLC, and Comcast Business Communications, 
LLC, each of Philadelphia, Pennsylvania (collectively, ``Comcast''); 
HTC Corporation of Taoyuan, Taiwan, and HTC America Inc. of Bellevue, 
Washington (collectively, ``HTC''); NETGEAR, Inc. of San Jose, 
California; Technicolor S.A. of Issy-Les-Moulineaux, France, as well as 
Technicolor USA, Inc. and Technicolor Connected Home USA LLC, both of 
Indianapolis, Indiana (collectively, ``Technicolor''). The Office of 
Unfair Import Investigations is not participating in the investigation.
    Earlier in Commission proceedings, Avago was terminated from the 
investigation. Order No. 70 (Feb. 27, 2017), not reviewed, Notice (Mar. 
27, 2017). In addition, certain accused products were adjudicated not 
to infringe the '007 patent. Order No. 77 (Mar. 15, 2017), reviewed and 
affirmed with modifications, Notice (Apr. 14, 2017). Certain asserted 
claims have been withdrawn from the investigation. Order No. 82 (Mar. 
22, 2017), not reviewed, Notice (Apr. 21, 2017).
    On June 30, 2017, the ALJ issued the final initial determination 
(``final ID''). The final ID finds a violation of section 337 as to 
claims 16, 17, 20, and 22 of the '946 patent. Final ID at 262. The 
final ID finds that for claims 1, 2, 11, 12, 16, 24-26, and 34 of the 
'136 patent, the claims are infringed, and not invalid, but that the 
existence of a domestic industry was not shown. Id. at 262-63. For the 
'007 patent, the final ID finds that infringement was shown only as to

[[Page 60762]]

claim 18, and that all of the asserted claims (claims 13, 16, and 18) 
are invalid, and no domestic industry was shown. Id. at 263.
    Tessera and the respondents each filed a petition for review of the 
ID. In addition, the parties and a number of non-parties submitted 
statements on the public interest.
    On September 29, 2017, the Commission determined to review the ID 
in part. Notice at 3 (Sept. 29, 2017) (``Notice of Review''). For the 
'007 patent, the Commission determined to review, and on review, to 
take no position on the economic prong of the domestic industry 
requirement, and infringement of claim 18. Id. The Commission 
determined not to review the remainder of the ID as to the '007 patent, 
including the ID's findings concerning anticipation by, or obviousness 
over, the prior art. Id. The investigation was, thus, terminated as to 
the '007 patent. Id. For the '946 patent and the '136 patent, the 
Commission determined not to review the ID's findings concerning the 
level of skill in the art. Id. The Commission determined to review all 
other issues for the '946 patent and the '136 patent. Id. The 
Commission requested further briefing from the parties on the issues 
under review and briefing from the parties and the public on remedy, 
the public interest, and bonding. Id. at 3, 6-8.
    In response to the Commission notice, Tessera and the respondents 
filed opening and reply submissions on the issues under review, and 
remedy, the public interest, and bonding. In addition, the Commission 
received submissions on remedy and the public interest from several 
non-parties.
    On December 18, 2017, Tessera and the respondents filed a joint 
motion to terminate the investigation on the basis of settlement.
    The Commission finds that the motion is proper in form and complies 
with Commission Rules. See 19 CFR 201.6(a), 210.21(b). The Commission 
further finds that termination of the investigation will not adversely 
affect the public interest. Accordingly, the Commission has determined 
to grant the motion. The Commission hereby 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: December 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27639 Filed 12-21-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices 60761

4. Fuel break construction in highly Authority: 40 CFR 1501.7. Patent No. 6,849,946 (‘‘the ’946 patent’’);
resistant and resilient habitats may not Timothy M. Murphy,
and U.S. Patent No. 6,133,136 (‘‘the ’136
be necessary because those sites are less patent’’). The notice of investigation
BLM Idaho State Director.
likely to burn or will respond favorably names 24 respondents. Those
[FR Doc. 2017–27595 Filed 12–21–17; 8:45 am]
to natural regeneration. respondents are Broadcom Limited of
BILLING CODE 4310–AK–P Singapore, and Broadcom Corporation
5. After habitat restoration treatments,
historic uses such as livestock grazing of Irvine, California (collectively,
and recreation activities may be ‘‘Broadcom’’), as well 22 other
INTERNATIONAL TRADE manufacturers and importers of
temporarily halted until the treatment
COMMISSION products containing Broadcom’s
becomes established and objectives are
met. [Investigation No. 337–TA–1010] semiconductor devices: Avago
Technologies Limited of Singapore, and
6. Fuel reduction treatments in Certain Semiconductor Devices, Avago Technologies U.S. Inc. of San
pinyon/juniper could disrupt traditional Semiconductor Device Packages, and Jose, California (collectively, ‘‘Avago’’);
tribal use of these sites. Products Containing Same; Arista Networks, Inc. of Santa Clara,
7. The use of non-native species in Termination of Investigation on the California; ARRIS International plc,
fuel breaks could affect listed species Basis of Settlement ARRIS Group, Inc., ARRIS Solutions,
and affect species composition in Inc., ARRIS Enterprises, and Pace Ltd.,
adjacent native plant communities. AGENCY: U.S. International Trade all of Suwanee, Georgia, as well as Pace
Commission. Americas LLC and Pace USA LLC, both
Project design features would be used
ACTION: Notice. of Boca Raton, Florida, and ARRIS
to minimize impacts to rangelands,
Technology, Inc. of Horsham,
sensitive species habitat, cultural sites SUMMARY: Notice is hereby given that Pennsylvania (collectively ‘‘ARRIS’’);
and watersheds, and to limit the U.S. International Trade ASUSTek Computer, Inc. of Taipei,
introduction and spread of noxious and Commission has determined in the Taiwan, and ASUS Computer
invasive weeds. above-captioned investigation to grant a International of Fremont, California
The BLM will use and coordinate the motion to terminate the investigation on (collectively, ‘‘ASUS’’); Comcast Cable
NEPA scoping process to help fulfill the the basis of settlement, resulting in Communications, LLC, Comcast Cable
public involvement requirements under termination of the investigation in its Communications Management, LLC,
the National Historic Preservation Act entirety. and Comcast Business Communications,
(54 U.S.C. 306108) as provided in 36 FOR FURTHER INFORMATION CONTACT: LLC, each of Philadelphia, Pennsylvania
CFR 800.2(d)(3). The information about Sidney A. Rosenzweig, Esq., Office of (collectively, ‘‘Comcast’’); HTC
historic and cultural resources within the General Counsel, U.S. International Corporation of Taoyuan, Taiwan, and
the area potentially affected by the Trade Commission, 500 E Street SW, HTC America Inc. of Bellevue,
proposed action will assist the BLM in Washington, DC 20436, telephone (202) Washington (collectively, ‘‘HTC’’);
identifying and evaluating impacts to 708–2532. Copies of non-confidential NETGEAR, Inc. of San Jose, California;
such resources. documents filed in connection with this Technicolor S.A. of Issy-Les-
The BLM will consult with Indian investigation are or will be available for Moulineaux, France, as well as
tribes on a government-to-government inspection during official business Technicolor USA, Inc. and Technicolor
basis in accordance with Executive hours (8:45 a.m. to 5:15 p.m.) in the Connected Home USA LLC, both of
Order 13175 and other policies. Tribal Office of the Secretary, U.S. Indianapolis, Indiana (collectively,
concerns, including impacts on Indian International Trade Commission, 500 E ‘‘Technicolor’’). The Office of Unfair
trust assets and potential impacts to Street SW, Washington, DC 20436, Import Investigations is not
cultural resources, will be given due telephone (202) 205–2000. General participating in the investigation.
consideration. Federal, State, and local Earlier in Commission proceedings,
information concerning the Commission
agencies, along with Tribes and other Avago was terminated from the
may also be obtained by accessing its
stakeholders that may be interested in or investigation. Order No. 70 (Feb. 27,
internet server at https://www.usitc.gov.
affected by the proposed fuel break, fuel 2017), not reviewed, Notice (Mar. 27,
The public record for this investigation
reduction, and rangeland restoration 2017). In addition, certain accused
may be viewed on the Commission’s products were adjudicated not to
programmatic proposals that the BLM is electronic docket (EDIS) at https:// infringe the ’007 patent. Order No. 77
evaluating, are invited to participate in edis.usitc.gov. Hearing-impaired (Mar. 15, 2017), reviewed and affirmed
the scoping process and, if eligible, may persons are advised that information on with modifications, Notice (Apr. 14,
request or be requested by the BLM to this matter can be obtained by 2017). Certain asserted claims have been
participate in the development of the contacting the Commission’s TDD withdrawn from the investigation. Order
environmental analysis as a cooperating terminal on (202) 205–1810. No. 82 (Mar. 22, 2017), not reviewed,
agency. SUPPLEMENTARY INFORMATION: The Notice (Apr. 21, 2017).
Before including your address, phone Commission instituted this investigation On June 30, 2017, the ALJ issued the
number, email address, or other on June 24, 2016, based on a complaint final initial determination (‘‘final ID’’).
personal identifying information in your filed on behalf of Tessera Technologies, The final ID finds a violation of section
comment, you should be aware that Inc.; Tessera, Inc.; and Invensas 337 as to claims 16, 17, 20, and 22 of
your entire comment—including your Corporation, all of San Jose, California
sradovich on DSK3GMQ082PROD with NOTICES

the ’946 patent. Final ID at 262. The
personal identifying information—may (collectively, ‘‘Tessera’’). 81 FR 41344 final ID finds that for claims 1, 2, 11, 12,
be made publicly available at any time. (Jun. 24, 2016). The complaint alleges 16, 24–26, and 34 of the ’136 patent, the
While you can ask us in your comment violations of section 337 of the Tariff claims are infringed, and not invalid,
to withhold your personal identifying Act of 1930, as amended, 19 U.S.C. but that the existence of a domestic
information from public review, we 1337, by reason of infringement of industry was not shown. Id. at 262–63.
cannot guarantee that we will be able to certain claims of U.S. Patent No. For the ’007 patent, the final ID finds
do so. 6,856,007 (‘‘the ’007 patent’’); U.S. that infringement was shown only as to

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60762 Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices

claim 18, and that all of the asserted Issued: December 19, 2017. States after importation of certain
claims (claims 13, 16, and 18) are Lisa R. Barton, automated teller machines, ATM
invalid, and no domestic industry was Secretary to the Commission. modules, components thereof, and
shown. Id. at 263. [FR Doc. 2017–27639 Filed 12–21–17; 8:45 am] products containing the same by reason
Tessera and the respondents each BILLING CODE 7020–02–P
of infringement of any of claims 1–3, 6,
filed a petition for review of the ID. In 8, and 9 of U.S. Patent No. 8,523,235
addition, the parties and a number of (‘‘the ’235 patent’’). Id. The complaint
non-parties submitted statements on the INTERNATIONAL TRADE also alleged infringement of claims 1–3
public interest. COMMISSION and 5 of U.S. Patent No. 7,891,551;
claims 1 and 6 of U.S. Patent No.
On September 29, 2017, the [Investigation No. 337–TA–989 7,950,655; and claims 1–4, 6, and 7 of
Commission determined to review the (Enforcement Proceeding)]
U.S. Patent No. 8,152,165. Those claims
ID in part. Notice at 3 (Sept. 29, 2017) were subsequently terminated from the
(‘‘Notice of Review’’). For the ’007 Certain Automated Teller Machines,
ATM Modules, Components Thereof, investigation. See Order No. 11 (June 30,
patent, the Commission determined to 2016), Comm’n Notice of Non-Review
review, and on review, to take no and Products Containing the Same
Notice of Institution of Formal (July 27, 2016); Order No. 17 (July 21,
position on the economic prong of the 2016), Comm’n Notice of Non-Review
domestic industry requirement, and Enforcement Proceeding
(August 16, 2016). The notice of
infringement of claim 18. Id. The AGENCY: U.S. International Trade institution of the investigation named
Commission determined not to review Commission. Diebold Nixdorf, Incorporated and
the remainder of the ID as to the ’007 ACTION: Notice. Diebold Self-Service Systems both of
patent, including the ID’s findings North Canton, Ohio (collectively,
concerning anticipation by, or SUMMARY: Notice is hereby given that ‘‘Diebold’’) as respondents. The Office
obviousness over, the prior art. Id. The the U.S. International Trade of Unfair Import Investigations (‘‘OUII’’)
investigation was, thus, terminated as to Commission has instituted a formal was not named as a party. Id.
the ’007 patent. Id. For the ’946 patent enforcement proceeding relating to the On July 14, 2017, the Commission
and the ’136 patent, the Commission July 14, 2017, remedial orders issued in found a Section 337 violation as to the
determined not to review the ID’s the above-captioned investigation. ’235 patent and issued a limited
findings concerning the level of skill in FOR FURTHER INFORMATION CONTACT: exclusion order (‘‘LEO’’) as well as cease
the art. Id. The Commission determined Panyin A. Hughes, Office of the General and desist orders (‘‘CDOs’’). 82 FR
to review all other issues for the ’946 Counsel, U.S. International Trade 33513–14 (July 20, 2017). The LEO
patent and the ’136 patent. Id. The Commission, 500 E Street SW, prohibits the unlicensed entry of
Commission requested further briefing Washington, DC 20436, telephone 202– automated teller machines, ATM
from the parties on the issues under 205–3042. Copies of non-confidential modules, components thereof, and
review and briefing from the parties and documents filed in connection with this products containing the same that
the public on remedy, the public investigation are or will be available for infringe one or more of claims 1–3, 6,
interest, and bonding. Id. at 3, 6–8. inspection during official business 8, and 9 of the ’235 patent that are
In response to the Commission notice, hours (8:45 a.m. to 5:15 p.m.) in the manufactured by, or on behalf of, or are
Tessera and the respondents filed imported by or on behalf of Diebold
Office of the Secretary, U.S.
opening and reply submissions on the Nixdorf, Incorporated, Diebold Self-
International Trade Commission, 500 E
issues under review, and remedy, the Service Systems, or any of their
Street SW, Washington, DC 20436,
public interest, and bonding. In affiliated companies, parents,
telephone (202) 205–2000. General
addition, the Commission received subsidiaries, agents, or other related
information concerning the Commission
business entities, or their successors or
submissions on remedy and the public may also be obtained by accessing its
assigns. Id. The CDOs prohibit, among
interest from several non-parties. internet server (https://www.usitc.gov).
other things, the importation, sale, and
On December 18, 2017, Tessera and The public record for this investigation
distribution of infringing products by
the respondents filed a joint motion to may be viewed on the Commission’s
Diebold. Id.
terminate the investigation on the basis electronic docket (EDIS) at https:// On November 17, 2017, Nautilus filed
of settlement. edis.usitc.gov. Hearing-impaired a complaint requesting that the
persons are advised that information on Commission institute a formal
The Commission finds that the this matter can be obtained by
motion is proper in form and complies enforcement proceeding under
contacting the Commission’s TDD Commission Rule 210.75(b) to
with Commission Rules. See 19 CFR terminal on (202) 205–1810.
201.6(a), 210.21(b). The Commission investigate violations of the remedial
SUPPLEMENTARY INFORMATION: The orders by Diebold. Having examined the
further finds that termination of the
investigation will not adversely affect Commission instituted the original enforcement complaint and the
the public interest. Accordingly, the investigation on March 14, 2016, based supporting documents, the Commission
Commission has determined to grant the on a complaint filed by Nautilus has determined to institute a formal
motion. The Commission hereby Hyosung Inc. of Seoul, Republic of enforcement proceeding to determine
terminates the investigation. Korea and Nautilus Hyosung America whether Diebold is in violation of the
Inc. of Irving, Texas (collectively, July 14, 2017, remedial orders issued in
The authority for the Commission’s ‘‘Nautilus’’). 81 FR 13149 (Mar. 14,
sradovich on DSK3GMQ082PROD with NOTICES

the original investigation and to
determination is contained in section 2016). Pertinent to this action, the determine what, if any, enforcement
337 of the Tariff Act of 1930, as complaint alleged violations of Section measures are appropriate. Diebold is
amended, 19 U.S.C. 1337, and in Part 337 of the Tariff Act of 1930, as named as a respondent. OUII is named
210 of the Commission’s Rules of amended, 19 U.S.C. 1337, in the as a party.
Practice and Procedure, 19 CFR part importation into the United States, the The authority for the Commission’s
210. sale for importation into the United determination is contained in Section
By order of the Commission. States, and the sale within the United 337 of the Tariff Act of 1930, as

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Document Created: 2017-12-22 00:34:00
Document Modified: 2017-12-22 00:34:00

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		Sidney A. Rosenzweig, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2532. 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 60761