83 FR 28659 - Certain Collapsible Sockets for Mobile Electronic Devices and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a General Exclusion Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range		28659-28660
FR Document		2018-13192

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, in this investigation. The Commission has issued a general exclusion order prohibiting the unlicensed importation of certain collapsible sockets that infringe certain claims of the asserted patent. The investigation is terminated.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)

[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28659-28660]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13192]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1056]


Certain Collapsible Sockets for Mobile Electronic Devices and 
Components Thereof; Commission's Final Determination Finding a 
Violation of Section 337; Issuance of a General Exclusion Order; 
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 has found a violation of section 337 of the Tariff Act of 
1930, as amended, in this investigation. The Commission has issued a 
general exclusion order prohibiting the unlicensed importation of 
certain collapsible sockets that infringe certain claims of the 
asserted patent. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3438. 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 (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 May 15, 2017, based on a complaint filed on April 10, 2017 on behalf 
of PopSockets LLC of Boulder, Colorado (``PopSockets''). 82 FR 22348-49 
(May 15, 2017). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain collapsible 
sockets for mobile electronic devices and components thereof by reason 
of infringement of U.S. Patent No. 8,560,031 (``the '031 patent''). Id. 
The notice of investigation named as respondents Agomax Group Ltd. of 
Kowloon, Hong Kong; Hangzhou Hangkai Technology Co., Ltd. of Zhejiang, 
China; Yiwu Wentou Import & Export Co., Ltd. of Zhejiang, China; 
Shenzhen Enruize Technology Co., Ltd. of Shenzhen, China; and Guangzhou 
Xi Xun Electronics Co., Ltd.; Shenzhen Chuanghui Industry Co., Ltd. of 
Guangdong, China; Shenzhen VVI Electronic Limited; Shenzhen Yright 
Technology Co., Ltd.; Shenzhen Kinsen Technology Co., Limited; Shenzhen 
Showerstar Industrial Co., Ltd.; Shenzhen Lamye Technology Co., Ltd.; 
Jiangmen Besnovo Electronics Co., Ltd.; Shenzhen Belking Electronic 
Co., Ltd.; Shenzhen CEX Electronic Co., Limited, all of Guangdong, 
China. Id. The Office of Unfair Import Investigations (``OUII'') also 
was named as a party in the investigation.
    On August 22, 2017, 13 out of 14 respondents were found in default. 
Notice (Aug. 22, 2017) (determining not to review Order No. 9 (Aug. 4, 
2017)).
    On September 18, 2017, the Commission terminated the last remaining 
respondent, Shenzhen Chuanghui Industry Co., Ltd., based on withdrawal 
of the complaint as to that respondent. Notice (Sept. 18, 2017) 
(determining not to review Order No. 10 (Aug. 28, 2017)).
    On August 8, 2017, PopSockets filed a motion for summary 
determination that: (1) The defaulting respondents have sold for 
importation into the United States, imported into the United States, or 
sold after importation certain collapsible sockets for mobile 
electronic devices and components thereof that allegedly infringe 
certain claims of the '031 patent in violation of section 337; (2) the 
accused products infringe the asserted claims of the '031 patent; and 
(3) a domestic industry with respect to the '031 patent exists. The 
motion also requested a recommendation for entry of a general exclusion 
order and a bonding requirement pending Presidential review. On August 
31, 2017, OUII filed a response supporting the motion in substantial 
part and supporting the requested remedy of a general exclusion order.
    On February 1, 2018, the administrative law judge (``ALJ'') issued 
the subject initial determination (``ID'') (Order No. 11), granting 
PopSockets' motion for summary determination of a section 337 
violation. The ID found that the defaulting respondents' accused 
products infringe one or more of claims 9-12 of the '031 patent, but 
found no infringement of claims 16 and 17 of the '031 patent. The ID 
found that the

[[Page 28660]]

defaulting respondents' accused products have been imported into the 
United States and that a domestic industry exists in the United States 
with respect to the '031 patent. No petitions for review of the ID were 
filed. The ALJ also issued a Recommended Determination on Remedy and 
Bonding, recommending that, if the Commission finds a section 337 
violation, the Commission issue a general exclusion order and impose a 
bond of 100 percent during the period of Presidential review.
    On March 19, 2018, the Commission determined to review in part the 
ID. 83 FR 12812 (Mar. 23, 2018). Specifically, the Commission 
determined to review (1) the ID's findings on the technical prong of 
the domestic industry requirement to correct a typographical error and 
(2) the ID's findings on the economic prong of the domestic industry 
requirement. The Commission determined not to review the remaining 
issues decided in the ID. The Commission requested additional briefing 
from the parties on the issues under review and also invited the 
parties, interested government agencies, and any other interested 
parties to file written submissions on the issues of remedy, the public 
interest, and bonding.
    On April 2, 2018, PopSockets and OUII filed initial written 
submissions in response to the Commission's notice. On April 4, 2018, 
non-party Quest USA Corporation (``Quest'') filed a written submission. 
On April 11, 2018, PopSockets filed a reply to Quest's submission. Also 
on that day, OUII filed a reply to the submissions of PopSockets and 
Quest.
    Having examined the record of this investigation, including the ID 
and the various submissions, the Commission has determined to affirm, 
on modified grounds, the ID's finding of a section 337 violation. The 
Commission affirms the ID's finding that the complainant satisfied the 
technical prong of the domestic industry requirement with the 
modification of a citation to ``Mem. Ex. 2 (Kemnitzer Decl.) at ] 77 
(Infringement Analysis and Chart)'' at page 107 of the ID to ``Mem. Ex. 
2 (Kemnitzer Decl.) at ] 61 (Analysis and Chart).'' The Commission 
affirms, with modified reasoning set forth in the opinion issued 
concurrently herewith, the ID's finding with respect to the economic 
prong of the domestic industry requirement under section 337(a)(3)(B), 
but takes no position with respect to subsections (A) and (C) (19 
U.S.C. 1337(a)(3)(A), (B), (C)). The Commission finds that the 
statutory requirements for relief under section 337(g)(2) (19 U.S.C. 
1337(g)(2)) are satisfied with respect to the defaulting respondents. 
In addition, the Commission finds that the public interest factors 
enumerated in section 337(g)(1) (19 U.S.C. 1337(g)(1)) do not preclude 
issuance of the statutory relief.
    The Commission has determined the appropriate remedy is a general 
exclusion order prohibiting the unlicensed importation of certain 
collapsible sockets that infringe one or more of claims 9-12 of the 
'031 patent. The Commission has also determined to set a bond in the 
amount of 100 percent of the entered value of the infringing products 
imported during the period of Presidential review (19 U.S.C. 1337(j)). 
The Commission's order and opinion were delivered to the President and 
to the United States Trade Representative on the day of their issuance.
    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: June 14, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-13192 Filed 6-19-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices 28659

tribal governments. This request revises INTERNATIONAL TRADE Patent No. 8,560,031 (‘‘the ’031 patent’’).
the control number, and thereby COMMISSION Id. The notice of investigation named as
corrects that omission, by adding respondents Agomax Group Ltd. of
[Investigation No. 337–TA–1056]
specific activities for the latter two Kowloon, Hong Kong; Hangzhou
categories of respondents, and by Certain Collapsible Sockets for Mobile Hangkai Technology Co., Ltd. of
adding to the previous activity labels Electronic Devices and Components Zhejiang, China; Yiwu Wentou Import &
the word ‘‘individuals.’’ Thereof; Commission’s Final Export Co., Ltd. of Zhejiang, China;
Determination Finding a Violation of Shenzhen Enruize Technology Co., Ltd.
Title of Collection: Cave Management: of Shenzhen, China; and Guangzhou Xi
Cave Nominations and Requests for Section 337; Issuance of a General
Exclusion Order; Termination of the Xun Electronics Co., Ltd.; Shenzhen
Confidential Information. Chuanghui Industry Co., Ltd. of
Investigation
OMB Control Number: 1004–0165. Guangdong, China; Shenzhen VVI
Form Numbers: None. AGENCY: U.S. International Trade Electronic Limited; Shenzhen Yright
Commission. Technology Co., Ltd.; Shenzhen Kinsen
Type of Review: Revision of a Technology Co., Limited; Shenzhen
ACTION: Notice.
currently approved collection. Showerstar Industrial Co., Ltd.;
Respondents/Affected Public: SUMMARY: Notice is hereby given that Shenzhen Lamye Technology Co., Ltd.;
Governmental agencies and the public the U.S. International Trade Jiangmen Besnovo Electronics Co., Ltd.;
may submit cave nominations pursuant Commission has found a violation of Shenzhen Belking Electronic Co., Ltd.;
to section 4 of the FCRPA (16 U.S.C. section 337 of the Tariff Act of 1930, as Shenzhen CEX Electronic Co., Limited,
4303) and 43 CFR 37.11. Requests for amended, in this investigation. The all of Guangdong, China. Id. The Office
confidential information may be Commission has issued a general of Unfair Import Investigations (‘‘OUII’’)
submitted pursuant to 16 U.S.C. 4304 exclusion order prohibiting the also was named as a party in the
unlicensed importation of certain investigation.
and 43 CFR 37.12 by: On August 22, 2017, 13 out of 14
collapsible sockets that infringe certain
• Federal and state governmental claims of the asserted patent. The respondents were found in default.
agencies; investigation is terminated. Notice (Aug. 22, 2017) (determining not
• Bona fide educational and research FOR FURTHER INFORMATION CONTACT: to review Order No. 9 (Aug. 4, 2017)).
institutions; and Lucy Grace D. Noyola, Office of the On September 18, 2017, the
General Counsel, U.S. International Commission terminated the last
• Individuals and organizations remaining respondent, Shenzhen
assisting a land management agency Trade Commission, 500 E Street SW,
Chuanghui Industry Co., Ltd., based on
with cave management activities. Washington, DC 20436, telephone 202–
withdrawal of the complaint as to that
205–3438. Copies of non-confidential
Total Estimated Number of Annual respondent. Notice (Sept. 18, 2017)
documents filed in connection with this
Respondents: 28. (determining not to review Order No. 10
investigation are or will be available for
(Aug. 28, 2017)).
Total Estimated Number of Annual inspection during official business On August 8, 2017, PopSockets filed
Responses: 28. hours (8:45 a.m. to 5:15 p.m.) in the a motion for summary determination
Estimated Completion Time per Office of the Secretary, U.S. that: (1) The defaulting respondents
Response: Varies from 1 hour to 11 International Trade Commission, 500 E have sold for importation into the
Street SW, Washington, DC 20436, United States, imported into the United
hours, depending on activity.
telephone 202–205–2000. General States, or sold after importation certain
Total Estimated Number of Annual information concerning the Commission collapsible sockets for mobile electronic
Burden Hours: 278. may also be obtained by accessing its devices and components thereof that
Respondent’s Obligation: Required to internet server (https://www.usitc.gov). allegedly infringe certain claims of the
obtain or retain a benefit. The public record for this investigation ’031 patent in violation of section 337;
may be viewed on the Commission’s (2) the accused products infringe the
Frequency of Collection: On occasion.
electronic docket (EDIS) at https:// asserted claims of the ’031 patent; and
Total Estimated Annual Nonhour edis.usitc.gov. Hearing-impaired (3) a domestic industry with respect to
Burden Cost: None. persons are advised that information on the ’031 patent exists. The motion also
An agency may not conduct or this matter can be obtained by requested a recommendation for entry of
sponsor and a person is not required to contacting the Commission’s TDD a general exclusion order and a bonding
respond to a collection of information terminal on 202–205–1810. requirement pending Presidential
unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: The review. On August 31, 2017, OUII filed
control number. Commission instituted this investigation a response supporting the motion in
on May 15, 2017, based on a complaint substantial part and supporting the
The authority for this action is the
filed on April 10, 2017 on behalf of requested remedy of a general exclusion
Paperwork Reduction Act of 1995 (44
PopSockets LLC of Boulder, Colorado order.
U.S.C. 3501 et seq). (‘‘PopSockets’’). 82 FR 22348–49 (May On February 1, 2018, the
Jean Sonneman, 15, 2017). The complaint alleges administrative law judge (‘‘ALJ’’) issued
Bureau of Land Management, Information violations of section 337 of the Tariff the subject initial determination (‘‘ID’’)
Act of 1930, as amended, 19 U.S.C. (Order No. 11), granting PopSockets’
sradovich on DSK3GMQ082PROD with NOTICES

Collection Clearance Officer.
[FR Doc. 2018–13245 Filed 6–19–18; 8:45 am]
1337, based upon the importation into motion for summary determination of a
the United States, the sale for section 337 violation. The ID found that
BILLING CODE 4310–84–P
importation, and the sale within the the defaulting respondents’ accused
United States after importation of products infringe one or more of claims
certain collapsible sockets for mobile 9–12 of the ’031 patent, but found no
electronic devices and components infringement of claims 16 and 17 of the
thereof by reason of infringement of U.S. ’031 patent. The ID found that the

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28660 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices

defaulting respondents’ accused satisfied with respect to the defaulting 708–4716. Copies of non-confidential
products have been imported into the respondents. In addition, the documents filed in connection with this
United States and that a domestic Commission finds that the public investigation are or will be available for
industry exists in the United States with interest factors enumerated in section inspection during official business
respect to the ’031 patent. No petitions 337(g)(1) (19 U.S.C. 1337(g)(1)) do not hours (8:45 a.m. to 5:15 p.m.) in the
for review of the ID were filed. The ALJ preclude issuance of the statutory relief. Office of the Secretary, U.S.
also issued a Recommended The Commission has determined the International Trade Commission, 500 E
Determination on Remedy and Bonding, appropriate remedy is a general Street SW, Washington, DC 20436,
recommending that, if the Commission exclusion order prohibiting the telephone (202) 205–2000. General
finds a section 337 violation, the unlicensed importation of certain information concerning the Commission
Commission issue a general exclusion collapsible sockets that infringe one or may also be obtained by accessing its
order and impose a bond of 100 percent more of claims 9–12 of the ’031 patent. internet server at https://www.usitc.gov.
during the period of Presidential review. The Commission has also determined to The public record for this investigation
On March 19, 2018, the Commission set a bond in the amount of 100 percent may be viewed on the Commission’s
determined to review in part the ID. 83 of the entered value of the infringing electronic docket (EDIS) at https://
FR 12812 (Mar. 23, 2018). Specifically, products imported during the period of edis.usitc.gov. Hearing-impaired
the Commission determined to review Presidential review (19 U.S.C. 1337(j)). persons are advised that information on
(1) the ID’s findings on the technical The Commission’s order and opinion this matter can be obtained by
prong of the domestic industry were delivered to the President and to contacting the Commission’s TDD
requirement to correct a typographical the United States Trade Representative terminal on (202) 205–1810.
error and (2) the ID’s findings on the on the day of their issuance. SUPPLEMENTARY INFORMATION: The
economic prong of the domestic The authority for the Commission’s Commission instituted Investigation No.
industry requirement. The Commission determination is contained in section 337–TA–1044 on March 22, 2017, based
determined not to review the remaining 337 of the Tariff Act of 1930, as on a complaint filed by Complainants
issues decided in the ID. The amended (19 U.S.C. 1337), and in part Advanced Micro Devices, Inc. of
Commission requested additional 210 of the Commission’s Rules of Sunnyvale, California and ATI
briefing from the parties on the issues Practice and Procedure (19 CFR part Technologies ULC of Canada
under review and also invited the 210). (collectively, ‘‘AMD’’ or
parties, interested government agencies,
and any other interested parties to file
By order of the Commission. ‘‘Complainants’’). See 82 FR 14748
written submissions on the issues of Issued: June 14, 2018. (Mar. 22, 2017). The complaint, as
remedy, the public interest, and Lisa Barton, amended, alleges violations of section
bonding. Secretary to the Commission. 337 of the Tariff Act of 1930, as
On April 2, 2018, PopSockets and [FR Doc. 2018–13192 Filed 6–19–18; 8:45 am]
amended (19 U.S.C. 1337), based upon
OUII filed initial written submissions in the importation into the United States,
BILLING CODE 7020–02–P
response to the Commission’s notice. the sale for importation, and the sale
On April 4, 2018, non-party Quest USA within the United States after
Corporation (‘‘Quest’’) filed a written INTERNATIONAL TRADE importation of certain graphics systems,
submission. On April 11, 2018, COMMISSION components thereof, and consumer
PopSockets filed a reply to Quest’s products containing the same, by reason
[Investigation No. 337–TA–1044] of infringement of certain claims of U.S.
submission. Also on that day, OUII filed
a reply to the submissions of Patent No. 7,633,506 (‘‘the ’506 patent’’);
Certain Graphics Systems,
PopSockets and Quest. U.S. Patent No. 7,796,133 (‘‘the ’133
Components Thereof, and Consumer
Having examined the record of this patent’’); U.S. Patent No. 8,760,454 (‘‘the
Products Containing the Same;
investigation, including the ID and the ’454 patent’’); and U.S. Patent No.
Commission Determination To Review
various submissions, the Commission 9,582,846 (‘‘the ’846 patent’’). Id. The
in Part a Final Initial Determination
has determined to affirm, on modified notice of investigation identified LG
Finding a Section 337 Violation; Target
grounds, the ID’s finding of a section Electronics, Inc. of Seoul, Republic of
Date Extension and Schedule for Filing
337 violation. The Commission affirms Korea, LG Electronics U.S.A., Inc. of
Written Submissions
the ID’s finding that the complainant Englewood Cliffs, New Jersey, and LG
satisfied the technical prong of the AGENCY: U.S. International Trade Electronics MobileComm U.S.A. Inc. of
domestic industry requirement with the Commission. San Diego, California (collectively,
modification of a citation to ‘‘Mem. Ex. ACTION: Notice. ‘‘LG’’), VIZIO, Inc. (‘‘VIZIO’’) of Irvine,
2 (Kemnitzer Decl.) at ¶ 77 California, MediaTek Inc. of Hsinchu
(Infringement Analysis and Chart)’’ at SUMMARY: Notice is hereby given that City, Taiwan and Media Tek USA Inc.
page 107 of the ID to ‘‘Mem. Ex. 2 the U.S. International Trade of San Jose, California (collectively,
(Kemnitzer Decl.) at ¶ 61 (Analysis and Commission has determined to review ‘‘MediaTek’’), and Sigma Designs, Inc.
Chart).’’ The Commission affirms, with in part a final initial determination (‘‘SDI’’) of Fremont, California, as
modified reasoning set forth in the (‘‘FID’’) of the presiding administrative respondents in this investigation. See
opinion issued concurrently herewith, law judge (‘‘ALJ’’) finding a violation of id. The Office of Unfair Import
the ID’s finding with respect to the section 337 the Tariff Act of 1930, as Investigations (OUII) is also a party to
economic prong of the domestic amended; and extend the target date by the investigation.
sradovich on DSK3GMQ082PROD with NOTICES

industry requirement under section five business days from August 15, On October 20, 2017, the ALJ issued
337(a)(3)(B), but takes no position with 2018, to August 22, 2018. an initial determination terminating the
respect to subsections (A) and (C) (19 FOR FURTHER INFORMATION CONTACT: investigation as to LG based on
U.S.C. 1337(a)(3)(A), (B), (C)). The Houda Morad, Office of the General settlement. See Order No. 48 (Oct. 20,
Commission finds that the statutory Counsel, U.S. International Trade 2017), unreviewed, Comm’n Notice
requirements for relief under section Commission, 500 E Street SW, (Nov. 13, 2017). The remaining
337(g)(2) (19 U.S.C. 1337(g)(2)) are Washington, DC 20436, telephone (202) respondents in this investigation are

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Document Created: 2018-06-20 00:19:52
Document Modified: 2018-06-20 00:19:52

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		Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3438. 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 (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		83 FR 28659