83 FR 17565 - Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Extension of Target Date

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 77 (April 20, 2018)

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined to review in part the final initial determination (the ``ID'') issued by the presiding administrative law judge (``ALJ'') on February 15, 2018, finding a violation of section 337 of the Tariff Act of 1930, as amended, in connection with certain asserted patents. The Commission has also determined to extend the target date for the completion of this investigation from June 18, 2018, to June 25, 2018.

[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17565-17566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08265]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1031]


Certain UV Curable Coatings for Optical Fibers, Coated Optical 
Fibers, and Products Containing Same; Notice of Commission 
Determination To Review in Part a Final Initial Determination Finding a 
Violation of Section 337; Extension of Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to review in part the 
final initial determination (the ``ID'') issued by the presiding 
administrative law judge (``ALJ'') on February 15, 2018, finding a 
violation of section 337 of the Tariff Act of 1930, as amended, in 
connection with certain asserted patents. The Commission has also 
determined to extend the target date for the completion of this 
investigation from June 18, 2018, to June 25, 2018.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3427. 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, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: On December 5, 2016, the Commission 
instituted this investigation based on a complaint filed by DSM 
Desotech, Inc. of Elgin, IL; and DSM IP Assets B.V. of Heerlen, 
Netherlands (collectively, ``DSM'' or ``Complainants''). 81 FR 87588-89 
(Dec. 5, 2016). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
upon the importation into the United States, the sale for importation, 
or the sale within the United States after importation of certain UV 
curable coatings for optical fibers, coated optical fibers, and 
products containing same by reason of infringement of one or more of 
claims 1-8, 10-15, and 18-22 of U.S. Patent No. 6,961,508 (``the '508 
patent''); claims 1-10 and 13-15 of U.S. Patent No. 7,171,103 (``the 
'103 patent''); claims 2-4, 9, 11-12, and 15 of U.S. Patent No. 
7,067,564 (``the '564 patent''); and claims 1-3, 9, 12, 16-18, 21, and 
30 of U.S. Patent No. 7,706,659 (``the '659 patent''). Id. The 
Commission's Notice of Investigation named as respondents Momentive UV 
Coatings (Shanghai) Co., Ltd. of Shanghai, China (``MUV''); and OFS 
Fitel, LLC of Norcross, Georgia (``OFS'') (collectively, 
``Respondents''). Id. The Office of Unfair Import Investigations 
(``OUII'') was also named as a party in this investigation. Id.
    Prior to the evidentiary hearing, DSM withdrew its allegations as 
to certain patent claims. See Order 12 (Apr. 12, 2017), unreviewed, 
Notice of Commission Determination Not to Review an Initial 
Determination Granting Complainants' Unopposed Motion to Terminate this 
Investigation with respect to One Patent Claim (May 11, 2017); Order 50 
(Aug. 25, 2017), unreviewed, Notice of Commission Determination Not to 
Review An Initial Determination Withdrawing from the Complaint Certain 
Allegations Regarding U.S. Patent No. 7,067,564 (Sept. 15, 2017). DSM 
proceeded at the evidentiary hearing on the following

[[Page 17566]]

patents and claims: Claims 1-8, 11-15, 18-19, 20-21, and 22 of the '508 
patent; claims 1-10 and 13-15 of the '103 patent; and claims 1-3, 9, 
12, 16-18, 21, and 30 of the '659 patent.
    On February 15, 2018, the ALJ issued the ID, which finds only MUV 
in violation of section 337, and only as to the '508 and '103 patents. 
The ALJ recommended that the Commission issue a limited exclusion order 
directed to MUV's infringing products. The ALJ also recommended a bond 
of forty percent of entered value during the Presidential review 
period. See 19 U.S.C. 1337(j)(3).
    On February 27-28, 2018, OUII, DSM, MUV, and OFS filed petitions 
for review of the ID, and on March 7-8, 2018, the parties filed 
responses to the petitions. On March 19, 2018, the private parties 
filed statements on the public interest. The Commission also received 
comments on the public interest from members of the public.
    Having examined the record in this investigation, including the ID, 
the petitions for review, and the responses thereto, the Commission has 
determined to review the ID in part. In particular, the Commission has 
determined to review the following:
    (1) Whether respondent OFS imports respondent MUV's accused KS1-
043/048 coating.
    (2) Whether claim 30 of '659 patent is invalid for lack of written 
description.
    (3) Whether claims 1-8, 11, 15, and 18-19 of the '508 patent are 
invalid for lack of written description and enablement.
    (4) Whether claim 21 of the '508 patent and claims 1-10 and 13-15 
of the '103 patent are invalid for lack of written description and 
enablement.
    (5) Whether the accused products infringe the '508, '103, and '659 
patents.
    (6) Whether the technical and economic prongs of the domestic 
industry requirement have been met for the '508, '103, and '659 
patents.
    The Commission has determined to not review the remainder of the 
ID. The Commission does not request any briefing at this time.
    This action is taken under the authority of 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: April 16, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-08265 Filed 4-19-18; 8:45 am]
BILLING CODE 7020-02-P