83 FR 13304 - In the Matter of Certain Audio Processing Hardware, Software, and Products Containing the Same; Notice of Commission's Determination Finding No Violation of Section 337; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range		13304-13305
FR Document		2018-06158

Notice is hereby given that the U.S. International Trade Commission reverses in-part and affirms in-part, with additional reasoning, the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on October 26, 2017. The Commission also takes no position on various issues. The Commission finds no violation of section 337 of the Tariff Act of 1930, as amended, has occurred, and terminates the investigation.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Notices]
[Pages 13304-13305]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06158]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1026]


In the Matter of Certain Audio Processing Hardware, Software, and 
Products Containing the Same; Notice of Commission's 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 reverses in-part and affirms in-part, with additional 
reasoning, the final initial determination (``ID'') issued by the 
presiding administrative law judge (``ALJ'') on October 26, 2017. The 
Commission also takes no position on various issues. The Commission 
finds no violation of section 337 of the Tariff Act of 1930, as 
amended, has occurred, and terminates the investigation.

FOR FURTHER INFORMATION CONTACT: Amanda 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 October 25, 2016, based on a complaint filed by Andrea Electronics 
Corp. of Bohemia, New York (``Andrea''). 81 FR 73418 (Oct. 25, 2016). 
The complaint alleges violations of section 337 by reason of 
infringement of certain claims of U.S. Patent No. 6,049,607 (``the '607 
patent''), U.S. Patent No. 6,363,345 (``the '345 patent''), and U.S. 
Patent No. 6,377,637 (``the '637 patent''). The Commission's notice of 
investigation named the following respondents: Apple Inc. of Cupertino, 
California (``Apple''); and Samsung Electronics Co., Ltd. of Gyeonggi-
do, Korea, and Samsung Electronics America, Inc. of Ridgefield Park, 
New Jersey (collectively, ``Samsung''). The Office of Unfair Import 
Investigations (``OUII'') is also a party in this investigation. 
Samsung was previously terminated from the investigation. Order No. 68; 
Comm'n Notice (Sept. 13, 2017). All asserted claims of the '607 and 
'637 patents were also previously terminated from the investigation. 
Order No. 37; Comm'n Notice (June 30, 2018); Order No. 31; Comm'n 
Notice (May 25, 2017).
    On October 26, 2017, the ALJ issued her final ID finding no 
violation of section 337 by Apple with respect to the '345 patent. 
Specifically, the final ID found that Andrea does not have standing to 
assert the '345 patent, the accused products do not infringe the '345 
patent, and Andrea has not met the domestic industry requirements.
    On November 8, 2017, Andrea and OUII each filed timely petitions 
for review of the final ID. That same day, Apple filed a contingent 
petition for review of the final ID. On November 16, 2017, the parties 
each filed a timely response to the petitions for review. On November 
27, 2017, the private parties filed their public interest comments 
pursuant to Commission Rule 210.50. No public interest comments were 
received from the public.
    On January 11, 2018, the Commission determined to review the final 
ID in-part. 83 FR 2670-71 (Jan. 18, 2018). Specifically, the Commission 
determined to review the ID's findings on (1) standing, (2) 
infringement, (3) invalidity, (4) inequitable conduct, and (5) domestic 
industry. On January 25, 2018, Andrea, Apple, and OUII each filed a 
response to the Commission's

[[Page 13305]]

notice of review. On February 1, 2018, the parties each filed 
respective replies.
    Having considered the record in this investigation and the parties' 
submissions, the Commission finds that no violation of section 337 has 
occurred. The Commission (1) reverses the ID's finding on standing and 
finds that Andrea has standing to assert the '345 patent; (2) affirms, 
with additional reasoning, the ID's finding of no domestic industry; 
and (3) takes no position on the remaining issues under review.
    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: March 22, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-06158 Filed 3-27-18; 8:45 am]
 BILLING CODE 7020-02-P

13304 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices

SUMMARY ANNUAL BURDEN TO RESPONDENTS FOR 30 CFR PART 780
Number of Burden Hours
Number of Hours per Hours per
Section state hours currently Difference
applicants applicant state
responses requested approved

780.11 ...................................................... 133 132 8 7 1,988 806 1,182
780.12 ...................................................... 133 132 16 2 2,392 953 1,439
780.13 ...................................................... 133 132 80 6.5 11,498 6,661 4,837
780.14 ...................................................... 133 132 80 32 14,864 5,638 9,226
780.16 ...................................................... 133 132 30 11 5,442 2,996 2,446
780.18 ...................................................... 133 132 8 5 1,724 1,156 568
780.21 ...................................................... 133 132 160 21.5 24,118 1,376 22,742
780.22 ...................................................... 133 132 120 18.5 18,402 3,468 14,934
780.23 ...................................................... 133 132 40 9 6,508 5,495 1,013
780.25 ...................................................... 133 132 40 10 6,640 1,152 5,488
780.27 ...................................................... 27 27 16 2.5 500 345 155
780.29 ...................................................... 133 132 16 5 2,788 2,426 362
780.31 ...................................................... 133 132 8 5 1,724 1,612 112
780.33 ...................................................... 133 132 16 4 2,656 1,734 922
780.35 ...................................................... 36 36 27 12 1,404 10,359 ¥8,955
780.37 ...................................................... 133 132 23 7 3,983 4,620 ¥637
780.38 ...................................................... 133 132 77.5 6 11,100 3,470 7,630

Total .................................................. .................... .................... 765.5 164 117,731 54,267 63,464

An agency may not conduct or FOR FURTHER INFORMATION CONTACT: America, Inc. of Ridgefield Park, New
sponsor and a person is not required to Amanda Fisherow, Esq., Office of the Jersey (collectively, ‘‘Samsung’’). The
respond to a collection of information General Counsel, U.S. International Office of Unfair Import Investigations
unless it displays a currently valid OMB Trade Commission, 500 E Street SW, (‘‘OUII’’) is also a party in this
control number. Washington, DC 20436, telephone (202) investigation. Samsung was previously
The authority for this action is the 205–2737. Copies of non-confidential terminated from the investigation. Order
Paperwork Reduction Act of 1995 (44 documents filed in connection with this No. 68; Comm’n Notice (Sept. 13, 2017).
U.S.C. 3501 et seq). investigation are or will be available for All asserted claims of the ’607 and ’637
Dated: March 23, 2018. inspection during official business patents were also previously terminated
John A. Trelease,
hours (8:45 a.m. to 5:15 p.m.) in the from the investigation. Order No. 37;
Office of the Secretary, U.S. Comm’n Notice (June 30, 2018); Order
Acting Chief, Division of Regulatory Support.
International Trade Commission, 500 E No. 31; Comm’n Notice (May 25, 2017).
[FR Doc. 2018–06214 Filed 3–27–18; 8:45 am]
Street SW, Washington, DC 20436, On October 26, 2017, the ALJ issued
BILLING CODE 4310–05–P telephone (202) 205–2000. General her final ID finding no violation of
information concerning the Commission section 337 by Apple with respect to the
may also be obtained by accessing its ’345 patent. Specifically, the final ID
INTERNATIONAL TRADE internet server at http://www.usitc.gov. found that Andrea does not have
COMMISSION The public record for this investigation standing to assert the ’345 patent, the
may be viewed on the Commission’s accused products do not infringe the
[Investigation No. 337–TA–1026] electronic docket (EDIS) at http:// ’345 patent, and Andrea has not met the
edis.usitc.gov. Hearing-impaired domestic industry requirements.
In the Matter of Certain Audio persons are advised that information on On November 8, 2017, Andrea and
Processing Hardware, Software, and this matter can be obtained by OUII each filed timely petitions for
Products Containing the Same; Notice contacting the Commission’s TDD review of the final ID. That same day,
of Commission’s Determination terminal on (202) 205–1810. Apple filed a contingent petition for
Finding No Violation of Section 337; review of the final ID. On November 16,
SUPPLEMENTARY INFORMATION: The
Termination of the Investigation 2017, the parties each filed a timely
Commission instituted this investigation
AGENCY: U.S. International Trade on October 25, 2016, based on a response to the petitions for review. On
Commission. complaint filed by Andrea Electronics November 27, 2017, the private parties
ACTION: Notice. Corp. of Bohemia, New York filed their public interest comments
(‘‘Andrea’’). 81 FR 73418 (Oct. 25, pursuant to Commission Rule 210.50.
SUMMARY: Notice is hereby given that 2016). The complaint alleges violations No public interest comments were
the U.S. International Trade of section 337 by reason of infringement received from the public.
Commission reverses in-part and affirms of certain claims of U.S. Patent No. On January 11, 2018, the Commission
in-part, with additional reasoning, the 6,049,607 (‘‘the ’607 patent’’), U.S. determined to review the final ID in-
final initial determination (‘‘ID’’) issued Patent No. 6,363,345 (‘‘the ’345 patent’’), part. 83 FR 2670–71 (Jan. 18, 2018).
daltland on DSKBBV9HB2PROD with NOTICES

by the presiding administrative law and U.S. Patent No. 6,377,637 (‘‘the ’637 Specifically, the Commission
judge (‘‘ALJ’’) on October 26, 2017. The patent’’). The Commission’s notice of determined to review the ID’s findings
Commission also takes no position on investigation named the following on (1) standing, (2) infringement, (3)
various issues. The Commission finds respondents: Apple Inc. of Cupertino, invalidity, (4) inequitable conduct, and
no violation of section 337 of the Tariff California (‘‘Apple’’); and Samsung (5) domestic industry. On January 25,
Act of 1930, as amended, has occurred, Electronics Co., Ltd. of Gyeonggi-do, 2018, Andrea, Apple, and OUII each
and terminates the investigation. Korea, and Samsung Electronics filed a response to the Commission’s

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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices 13305

notice of review. On February 1, 2018, International Trade Commission, 500 E express or implied, between Honeywell
the parties each filed respective replies. Street SW, Washington, DC 20436, and Code regarding the subject matter of
Having considered the record in this telephone (202) 205–2000. General this proceeding.’ ’’ See ID at 1 (citing
investigation and the parties’ information concerning the Commission Motion at 2). In addition, the ID ‘‘does
submissions, the Commission finds that may also be obtained by accessing its not find any evidence’’ indicating that
no violation of section 337 has occurred. internet server at https://www.usitc.gov. terminating the investigation would be
The Commission (1) reverses the ID’s The public record for this investigation ‘‘contrary’’ to the public interest. See ID
finding on standing and finds that may be viewed on the Commission’s at 2 (citing Motion at 2; 19 CFR
Andrea has standing to assert the ’345 electronic docket (EDIS) at https:// 210.50(b)(2)). No petition for review of
patent; (2) affirms, with additional edis.usitc.gov. Hearing-impaired the ID was filed.
reasoning, the ID’s finding of no persons are advised that information on The Commission has determined not
domestic industry; and (3) takes no this matter can be obtained by to review the subject ID. The
position on the remaining issues under contacting the Commission’s TDD investigation is terminated.
review. terminal on (202) 205–1810. The authority for the Commission’s
The authority for the Commission’s SUPPLEMENTARY INFORMATION: The determination is contained in section
determination is contained in section Commission instituted this investigation 337 of the Tariff Act of 1930, as
337 of the Tariff Act of 1930, as on June 27, 2017, based on a complaint amended (19 U.S.C. 1337), and in part
amended, 19 U.S.C. 1337, and in Part filed by Honeywell International, Inc. of 210 of the Commission’s Rules of
210 of the Commission’s Rules of Morris Plains, New Jersey; Hand Held Practice and Procedure (19 CFR part
Practice and Procedure, 19 CFR part Products, Inc. d/b/a Honeywell 210).
210. Scanning & Mobility of Fort Mill, South By order of the Commission.
By order of the Commission. Carolina; Metrologic Instruments, Inc. Issued: March 22, 2018.
Issued: March 22, 2018. d/b/a Honeywell Scanning & Mobility of Lisa R. Barton,
Lisa R. Barton, Fort Mill, South Carolina (collectively, Secretary to the Commission.
Secretary to the Commission. ‘‘Complainants’’ or ‘‘Honeywell’’). See [FR Doc. 2018–06142 Filed 3–27–18; 8:45 am]
[FR Doc. 2018–06158 Filed 3–27–18; 8:45 am]
82 FR 29095–96 (June 27, 2017). The
BILLING CODE 7020–02–P
complaint alleges violations of section
BILLING CODE 7020–02–P
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), based upon INTERNATIONAL TRADE
INTERNATIONAL TRADE the importation into the United States, COMMISSION
COMMISSION the sale for importation, and the sale
within the United States after [Investigation No. 337–TA–1094]
[Investigation No. 337–TA–1061] importation of certain bar code readers,
Certain IOT Devices and Components
scan engines, products containing the
Certain Bar Code Readers, Scan Thereof (IOT, The Internet of Things)—
same, and components thereof by reason
Engines, Products Containing the Web Applications Displayed on a Web
of infringement of certain claims of U.S.
Same, and Components Thereof; Browser; Termination of Investigation
Patent No. 6,832,725; U.S. Patent No.
Commission Decision Not To Review
8,511,572; U.S. Patent No. 7,148,923; AGENCY: U.S. International Trade
an Initial Determination Granting an
U.S. Patent No. 7,527,206; U.S. Patent Commission.
Amended Joint Motion To Terminate
No. 8,646,692; and U.S. Patent No. ACTION: Notice.
the Investigation Based on a License
9,323,969. See id. The notice of
and Settlement Agreement; SUMMARY: Notice is hereby given that
investigation names The Code
Termination of the Investigation the U.S. International Trade
Corporation (‘‘Code’’) of Draper, Utah
AGENCY: U.S. International Trade and Cortex Pte Ltd. (‘‘Cortex’’) of Commission has determined to review
Commission. Singapore as respondents in this the presiding administrative law judge’s
ACTION: Notice. investigation. See id. The Office of (‘‘ALJ’’) initial determination (‘‘ID’’)
Unfair Import Investigations is not a (Order No. 10), which terminated the
SUMMARY: Notice is hereby given that party to this investigation. See id. investigation for good cause on the basis
the U.S. International Trade On December 8, 2017, the ALJ issued of the imminent expiration of the
Commission has determined not to an initial determination partially asserted patent. On review, the
review an initial determination (‘‘ID’’) terminating the investigation as to Commission has determined to affirm
(Order No. 22) of the presiding Cortex as a respondent. See Order No. the termination based upon the actual
administrative law judge (‘‘ALJ’’) 12, unreviewed, Comm’n Notice (Jan. 8, expiration of the asserted patent.
granting an amended joint motion to 2018). FOR FURTHER INFORMATION CONTACT:
terminate the investigation based on a On February 21, 2018, Honeywell and Sidney A. Rosenzweig, Office of the
license and settlement agreement. The Code filed an amended joint motion to General Counsel, U.S. International
investigation is terminated. terminate the investigation based on a Trade Commission, 500 E Street SW,
FOR FURTHER INFORMATION CONTACT: license and settlement agreement Washington, DC 20436, telephone (202)
Houda Morad, Office of the General (Motion). On the same day, the ALJ 708–2532. Copies of non-confidential
Counsel, U.S. International Trade issued the subject ID (Order No. 22) documents filed in connection with this
Commission, 500 E Street SW, granting the Motion and terminating the investigation are or will be available for
daltland on DSKBBV9HB2PROD with NOTICES

Washington, DC 20436, telephone (202) investigation. The ID finds that: ‘‘[t]he inspection during official business
708–4716. Copies of non-confidential [Motion] complies with the Commission hours (8:45 a.m. to 5:15 p.m.) in the
documents filed in connection with this Rules . . . .’’ See ID at 1. In particular, Office of the Secretary, U.S.
investigation are or will be available for the ID notes that ‘‘[p]ursuant to International Trade Commission, 500 E
inspection during official business Commission Rule 210.21(b)(1)[, 19 CFR Street SW, Washington, DC 20436,
hours (8:45 a.m. to 5:15 p.m.) in the 210.21(b)(1)], the movants state: ‘There telephone (202) 205–2000. General
Office of the Secretary, U.S. are no other agreements, written or oral, information concerning the Commission

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Document Created: 2018-11-01 08:56:18
Document Modified: 2018-11-01 08:56:18

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		Amanda 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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		83 FR 13304