83 FR 13305 - Certain IOT Devices and Components Thereof (IOT, The Internet of Things)-Web Applications Displayed on a Web Browser; Termination of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 60 (March 28, 2018)
Federal Register Volume 83, Issue 60 (March 28, 2018)
| Page Range | 13305-13306 | |
| FR Document | 2018-06220 |
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)] [Notices] [Pages 13305-13306] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06220] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1094] Certain IOT Devices and Components Thereof (IOT, The Internet of Things)--Web Applications Displayed on a Web Browser; Termination of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 10), which terminated the investigation for good cause on the basis of the imminent expiration of the asserted patent. On review, the Commission has determined to affirm the termination based upon the actual expiration of the asserted patent. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, 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 [[Page 13306]] 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 TDD terminal on (202) 205- 1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on January 22, 2018, based upon an amended and supplemented complaint filed by Lakshmi Arunachalam, Ph.D. and WebXchange, Inc., both of Menlo Park, California. 83 FR 3021 (Jan. 22, 2018). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), by a number of proposed respondents in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain IOT devices and components thereof (IOT, the Internet of Things)--web applications displayed on a web browser by reason of infringement of certain claims of U.S. Patent No. 7,930,340 (``the '340 patent''), as well as unfair methods of competition and unfair acts (criminal and civil RICO violations, breach of contract, theft of intellectual property, antitrust violations, and trade secret misappropriation), the threat or effect of which is to destroy or substantially injure an industry in the United States. 83 FR at 3021. The Commission determined to institute the investigation only as to infringement of the '340 patent, and named as respondents Apple Inc. of Cupertino, California; Facebook, Inc. of Menlo Park, California; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; and Samsung Electronics Co., Ltd. of Seoul, South Korea. Id. at 3022. The Office of Unfair Import Investigations (``OUII'') was also named as a party. Id. On January 29, 2018, the respondents moved to terminate the investigation based upon the then-imminent expiration of the '340 patent. The complainants responded in opposition to the motion. The ALJ denied the motion for failure to comply with Commission rules. Order No. 8 at 2 & n.1 (Feb. 20, 2018). On February 21, 2018, the respondents filed a renewed motion to terminate, which corrected the omission in their previous motion. The complainants renewed their opposition to the motion. OUII supported the motion. On February 27, 2018, the ALJ granted the motion as an ID, finding that good cause exists for terminating the investigation. The ID finds that given ``the structure of section 337 investigations'' there was insufficient time for the Commission to ``reach a final determination or issue any relief before the March 5, 2018 expiration date'' of the '340 patent. Order No. 10 at 6. On March 5, 2018, the '340 patent expired. That same day, the complainants filed a ``Motion for Rehearing and Reinstating the Investigation'' (``Compl'ts Submission''). The Commission determined to treat that submission as a petition for Commission review of the ID under 19 CFR 210.43. The petition seeks an advisory ruling on certain issues. Compl'ts Submission 6. On March 12, 2018, the respondents and OUII filed responses in opposition to the complainants' submission. The responses explain, inter alia, that the complainants' submission does not provide an adequate basis for Commission review under Commission Rule 210.43(b)(1), 19 CFR 210.43(b)(1). Resp'ts Resp. 3; OUII Resp. 1, 3. Having considered the record of the investigation, including the parties' submissions to the Commission, the Commission decides as follows. The Commission ``can issue only an exclusion order barring future importation or a cease and desist order barring future conduct,'' neither of which can issue as to an expired patent. Texas Instruments Inc. v. U.S. Int'l Trade Comm'n, 851 F.2d 342, 344 (Fed. Cir. 1988). Because the'340 patent has now actually expired, the ID's good cause (the imminent expiration of the patent) is now moot. Accordingly, the Commission has determined to review the ID, and, on review, to affirm the termination based upon the actual expiration of the '340 patent. The Commission declines the complainants' invitation to issue advisory rulings, 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: March 23, 2018. Katherine M. Hiner, Supervisory Attorney. [FR Doc. 2018-06220 Filed 3-27-18; 8:45 am] BILLING CODE 7020-02-P
![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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![13306 Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
may also be obtained by accessing its cause exists for terminating the JUDICIAL CONFERENCE OF THE
internet server at https://www.usitc.gov. investigation. The ID finds that given UNITED STATES
The public record for this investigation ‘‘the structure of section 337
may be viewed on the Commission’s investigations’’ there was insufficient Meeting of The Judicial Conference;
electronic docket (EDIS) at https:// time for the Commission to ‘‘reach a Committee on Rules of Practice and
edis.usitc.gov. Hearing-impaired final determination or issue any relief Procedure
persons are advised that information on before the March 5, 2018 expiration AGENCY: Judicial Conference of the
this matter can be obtained by date’’ of the ’340 patent. Order No. 10 United States, Committee on Rules of
contacting the Commission TDD at 6. Practice and Procedure.
terminal on (202) 205–1810.
On March 5, 2018, the ’340 patent ACTION: Notice of open meeting.
SUPPLEMENTARY INFORMATION: The
expired. That same day, the
Commission instituted this investigation SUMMARY: The Committee on Rules of
complainants filed a ‘‘Motion for
on January 22, 2018, based upon an Practice and Procedure will hold a
amended and supplemented complaint Rehearing and Reinstating the
meeting on June 12, 2018. The meeting
filed by Lakshmi Arunachalam, Ph.D. Investigation’’ (‘‘Compl’ts Submission’’).
will be open to public observation but
and WebXchange, Inc., both of Menlo The Commission determined to treat
not participation. An agenda and
Park, California. 83 FR 3021 (Jan. 22, that submission as a petition for supporting materials will be posted at
2018). The complaint alleged violations Commission review of the ID under 19 least 7 days in advance of the meeting
of section 337 of the Tariff Act of 1930, CFR 210.43. The petition seeks an at: http://www.uscourts.gov/rules-
as amended (19 U.S.C. 1337), by a advisory ruling on certain issues. policies/records-and-archives-rules-
number of proposed respondents in the Compl’ts Submission 6. committees/agenda-books.
importation into the United States, the On March 12, 2018, the respondents DATES: June 12, 2018.
sale for importation, or the sale within and OUII filed responses in opposition Time: 8:30 a.m. to 5:00 p.m.
the United States after importation of to the complainants’ submission. The ADDRESSES: Thurgood Marshall Federal
certain IOT devices and components responses explain, inter alia, that the Judiciary Building, Mecham Conference
thereof (IOT, the Internet of Things)— complainants’ submission does not Center, Administrative Office of the
web applications displayed on a web provide an adequate basis for United States Courts, One Columbus
browser by reason of infringement of Commission review under Commission Circle NE, Washington, DC 20544.
certain claims of U.S. Patent No. Rule 210.43(b)(1), 19 CFR 210.43(b)(1). FOR FURTHER INFORMATION CONTACT:
7,930,340 (‘‘the ’340 patent’’), as well as Resp’ts Resp. 3; OUII Resp. 1, 3.
unfair methods of competition and Rebecca A. Womeldorf, Rules
unfair acts (criminal and civil RICO Having considered the record of the Committee Secretary, Rules Committee
violations, breach of contract, theft of investigation, including the parties’ Staff, Administrative Office of the
intellectual property, antitrust submissions to the Commission, the United States Courts, Washington, DC
violations, and trade secret Commission decides as follows. The 20544, telephone (202) 502–1820.
misappropriation), the threat or effect of Commission ‘‘can issue only an Dated: March 22, 2018.
which is to destroy or substantially exclusion order barring future Rebecca A. Womeldorf,
injure an industry in the United States. importation or a cease and desist order Rules Committee Secretary.
83 FR at 3021. The Commission barring future conduct,’’ neither of [FR Doc. 2018–06157 Filed 3–27–18; 8:45 am]
determined to institute the investigation which can issue as to an expired patent. BILLING CODE 2210–55–P
only as to infringement of the ’340 Texas Instruments Inc. v. U.S. Int’l
patent, and named as respondents Trade Comm’n, 851 F.2d 342, 344 (Fed.
Apple Inc. of Cupertino, California; Cir. 1988). Because the’340 patent has DEPARTMENT OF JUSTICE
Facebook, Inc. of Menlo Park, now actually expired, the ID’s good
California; Samsung Electronics cause (the imminent expiration of the [CPCLO Order No. 004–2018]
America, Inc. of Ridgefield Park, New patent) is now moot. Accordingly, the
Jersey; and Samsung Electronics Co., Privacy Act of 1974; Systems of
Commission has determined to review
Ltd. of Seoul, South Korea. Id. at 3022. Records
the ID, and, on review, to affirm the
The Office of Unfair Import termination based upon the actual AGENCY: National Institute of Justice,
Investigations (‘‘OUII’’) was also named expiration of the ’340 patent. The Office of Justice Programs, United States
as a party. Id. Commission declines the complainants’ Department of Justice.
On January 29, 2018, the respondents invitation to issue advisory rulings, and ACTION: Notice of a new system of
moved to terminate the investigation terminates the investigation. records.
based upon the then-imminent
expiration of the ’340 patent. The The authority for the Commission’s SUMMARY: Pursuant to the Privacy Act of
complainants responded in opposition determination is contained in section 1974 and Office of Management and
to the motion. The ALJ denied the 337 of the Tariff Act of 1930, as Budget (OMB) Circular No. A–108,
motion for failure to comply with amended (19 U.S.C. 1337), and in part notice is hereby given that the Office of
Commission rules. Order No. 8 at 2 & 210 of the Commission’s Rules of Justice Programs (hereinafter OJP), a
n.1 (Feb. 20, 2018). On February 21, Practice and Procedure (19 CFR part component within the United States
2018, the respondents filed a renewed 210). Department of Justice (DOJ or
daltland on DSKBBV9HB2PROD with NOTICES
motion to terminate, which corrected By order of the Commission. Department), proposes to develop a new
the omission in their previous motion. Issued: March 23, 2018. system of records titled National
The complainants renewed their Missing and Unidentified Persons
Katherine M. Hiner,
opposition to the motion. OUII System, JUSTICE/OJP—015. The OJP
supported the motion. Supervisory Attorney. proposes to establish this system of
On February 27, 2018, the ALJ granted [FR Doc. 2018–06220 Filed 3–27–18; 8:45 am] records to improve the quantity and
the motion as an ID, finding that good BILLING CODE 7020–02–P quality of—and appropriate access to—
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Document Created: 2018-11-01 08:56:09
Document Modified: 2018-11-01 08:56:09
| 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, 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 TDD terminal on (202) 205- 1810. | |
| FR Citation | 83 FR 13305 |
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