83 FR 3023 - Certain Memory Modules and Components Thereof, and Products Containing Same: Commission Determination To Review-in-Part an Initial Determination Finding No Violation of Section 337; on Review, To Take No Position on One Issue; Affirmance of the Finding of No Violation and Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 14 (January 22, 2018)

Page Range		3023-3024
FR Document		2018-00983

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337. On review, the Commission has determined to take no position on the issue under review. The Commission has also determined to affirm the ID's finding of no violation of section 337 and has terminated the investigation.

Federal Register, Volume 83 Issue 14 (Monday, January 22, 2018)

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 3023-3024]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-00983]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1023]

Certain Memory Modules and Components Thereof, and Products
Containing Same: Commission Determination To Review-in-Part an Initial
Determination Finding No Violation of Section 337; on Review, To Take
No Position on One Issue; Affirmance of the Finding of No Violation and
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 determined to review-in-part a final initial
determination (``ID'') of the presiding administrative law judge
(``ALJ'') finding no violation of section 337. On review, the
Commission has determined to take no position on the issue under
review. The Commission has also determined to affirm the ID's finding
of no violation of section 337 and has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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 October 7, 2016, based on a

[[Page 3024]]

complaint filed on behalf of Netlist, Inc. of Irvine, California. 81 FR
69853-54. The complaint, as supplemented, alleged 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 the following U.S. Patent Nos.:
8,756,364 (``the '364 patent''); 8,689,064; 8,516,185; 8,001,434 (``the
'434 patent''); 8,359,501 (``the '501 patent''); and 8,489,837. The
Commission's notice of investigation named SK Hynix Inc. of Gyeoonggi-
do, Republic of Korea; and SK Hynix America Inc. and SK Hynix Memory
Solutions Inc., both of San Jose, California, as respondents. The
Office of Unfair Import Investigations (``OUII'') is also a party to
the investigation. Id.
On May 31, 2017, the Commission issued notice of its determination
not to review the ALJ's ID (Order No. 21) terminating the investigation
as to the '364 patent based on partial withdrawal of the complaint.
On November 14, 2017, the ALJ issued his final ID and recommended
determination (RD) on remedy and bonding in one document. The ID finds,
inter alia, that none of respondents' accused products infringe any of
the remaining asserted patents. The ID also finds that claims 1-3 and
5-7 of the '434 patent and claim 1 of the '501 patent are not invalid
as anticipated in view of U.S. Patent Publication No. 2005/0257109 A1
(``Averbuj'').
On November 27, 2017, complainant and respondents petitioned for
review of the final ID. On December 5, 2017, complainant, respondents,
and OUII each filed a response in opposition to the opposing petition
for review. On December 5, 2017, the Chairman granted respondents'
motion for leave to refile its petition for review out of time.
Having examined the record of this investigation, including the ID,
the parties' petitions for review, and the responses thereto, the
Commission has determined to review-in-part the final ID. Specifically,
the Commission has determined to review the ID's finding that claims 1-
3 and 5-7 of the '434 patent and claim 1 of the '501 patent are not
anticipated by Averbuj. The Commission has determined not to review the
remainder of the final ID.
On review, the Commission determines to take no position on the
ID's finding that claims 1-3 and 5-7 of the '434 patent and claim 1 of
the '501 patent are not invalid as anticipated in view of Averbuj. See
Beloit Corp. v. Valmet Oy, 742 F.2d 1421 (Fed. Cir. 1984). The
Commission therefore affirms the ID's finding of no violation of
section 337 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: January 16, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-00983 Filed 1-19-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices 3023

components thereof by reason of whether an industry in the United By order of the Commission.
infringement of certain claims of U.S. States exists as required by subsection Issued: January 17, 2018.
Patent No. 6,511,257 (‘‘the ’257 patent’’) (a)(2) of section 337; Lisa R. Barton,
and U.S. Patent No. 6,695,527 (‘‘the ’527 (2) For the purpose of the Secretary to the Commission.
patent’’). The complaint further alleges investigation so instituted, the following [FR Doc. 2018–01036 Filed 1–19–18; 8:45 am]
that an industry in the United States are hereby named as parties upon which BILLING CODE 7020–02–P
exists as required by the applicable this notice of investigation shall be
Federal Statute. served:
The complainant requests that the (a) The complainant is: Newpark Mats INTERNATIONAL TRADE
Commission institute an investigation & Integrated Services LLC, 9320 COMMISSION
and, after the investigation, issue a Lakeside Boulevard, Suite 100, The
limited exclusion order and cease and Woodlands, TX 77381. [Investigation No. 337–TA–1023]
desist orders. (b) The respondents are the following
Certain Memory Modules and
ADDRESSES: The complaint, except for entities alleged to be in violation of
Components Thereof, and Products
any confidential information contained section 337, and are the parties upon
Containing Same: Commission
therein, is available for inspection which the complaint is to be served:
Determination To Review-in-Part an
during official business hours (8:45 a.m. Checkers Industrial Products, LLC, 620 Initial Determination Finding No
to 5:15 p.m.) in the Office of the Compton Street, Broomfield, CO Violation of Section 337; on Review, To
Secretary, U.S. International Trade 80020. Take No Position on One Issue;
Commission, 500 E Street SW, Room Checkers Safety Group UK LTD, 3rd Affirmance of the Finding of No
112, Washington, DC 20436, telephone Floor 1 Ashley Road, Altrincham, Violation and Termination of the
(202) 205–2000. Hearing impaired Cheshire, United Kingdom, WA14 Investigation
individuals are advised that information 2DT.
on this matter can be obtained by Zigma Ground Solutions LTD, Unit 11 AGENCY: U.S. International Trade
contacting the Commission’s TDD M11 Business Link Parsonage Lane, Commission.
terminal on (202) 205–1810. Persons Stansted, Essex, United Kingdom, ACTION: Notice.
with mobility impairments who will CM24 8GF.
need special assistance in gaining access SUMMARY: Notice is hereby given that
(3) For the investigation so instituted,
to the Commission should contact the the U.S. International Trade
the Chief Administrative Law Judge,
Office of the Secretary at (202) 205– Commission has determined to review-
U.S. International Trade Commission,
2000. General information concerning in-part a final initial determination
shall designate the presiding
the Commission may also be obtained (‘‘ID’’) of the presiding administrative
Administrative Law Judge.
by accessing its internet server at law judge (‘‘ALJ’’) finding no violation
The Office of Unfair Import
https://www.usitc.gov. The public of section 337. On review, the
Investigations will not participate as a
record for this investigation may be Commission has determined to take no
party in this investigation.
viewed on the Commission’s electronic position on the issue under review. The
Responses to the complaint and the
docket (EDIS) at https://edis.usitc.gov. Commission has also determined to
notice of investigation must be
affirm the ID’s finding of no violation of
FOR FURTHER INFORMATION CONTACT: submitted by the named respondents in
section 337 and has terminated the
Katherine Hiner, Office of the Secretary, accordance with section 210.13 of the
investigation.
Docket Services Division, U.S. Commission’s Rules of Practice and
International Trade Commission, Procedure, 19 CFR 210.13. Pursuant to FOR FURTHER INFORMATION CONTACT:
telephone (202) 205–1802. 19 CFR 201.16(e) and 210.13(a), such Clint Gerdine, Esq., Office of the
SUPPLEMENTARY INFORMATION: responses will be considered by the General Counsel, U.S. International
Authority: The authority for Commission if received not later than 20 Trade Commission, 500 E Street SW,
institution of this investigation is days after the date of service by the Washington, DC 20436, telephone (202)
contained in section 337 of the Tariff Commission of the complaint and the 708–2310. Copies of non-confidential
Act of 1930, as amended, 19 U.S.C. 1337 notice of investigation. Extensions of documents filed in connection with this
and in section 210.10 of the time for submitting responses to the investigation are or will be available for
Commission’s Rules of Practice and complaint and the notice of inspection during official business
Procedure, 19 CFR 210.10 (2017). investigation will not be granted unless hours (8:45 a.m. to 5:15 p.m.) in the
Scope of Investigation: Having good cause therefor is shown. Office of the Secretary, U.S.
considered the complaint, the U.S. Failure of a respondent to file a timely International Trade Commission, 500 E
International Trade Commission, on response to each allegation in the Street SW, Washington, DC 20436,
January 16, 2018, ordered that— complaint and in this notice may be telephone (202) 205–2000. General
(1) Pursuant to subsection (b) of deemed to constitute a waiver of the information concerning the Commission
section 337 of the Tariff Act of 1930, as right to appear and contest the may also be obtained by accessing its
amended, an investigation be instituted allegations of the complaint and this internet server at https://www.usitc.gov.
to determine whether there is a notice, and to authorize the The public record for this investigation
violation of subsection (a)(1)(B) of administrative law judge and the may be viewed on the Commission’s
section 337 in the importation into the Commission, without further notice to electronic docket (EDIS) at https://
United States, the sale for importation, the respondent, to find the facts to be as edis.usitc.gov. Hearing-impaired
ethrower on DSK3G9T082PROD with NOTICES

or the sale within the United States after alleged in the complaint and this notice persons are advised that information on
importation of certain load supporting and to enter an initial determination this matter can be obtained by
systems, including composite mat and a final determination containing contacting the Commission’s TDD
systems, and components thereof by such findings, and may result in the terminal on (202) 205–1810.
reason of infringement of one or more of issuance of an exclusion order or a cease SUPPLEMENTARY INFORMATION: The
claims 1–4 of the ’257 patent and claims and desist order or both directed against Commission instituted this investigation
1, 4, 5, 7, and 8 of the ’527 patent; and the respondent. on October 7, 2016, based on a

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3024 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices

complaint filed on behalf of Netlist, Inc. The authority for the Commission’s appearance in the preliminary phase of
of Irvine, California. 81 FR 69853–54. determination is contained in section the investigations need not enter a
The complaint, as supplemented, 337 of the Tariff Act of 1930, as separate appearance for the final phase
alleged violations of section 337 of the amended, 19 U.S.C. 1337, and in part of the investigations. Industrial users,
Tariff Act of 1930, as amended, 19 210 of the Commission’s Rules of and, if the merchandise under
U.S.C. 1337, by reason of infringement Practice and Procedure, 19 CFR part investigation is sold at the retail level,
of certain claims of the following U.S. 210. representative consumer organizations
Patent Nos.: 8,756,364 (‘‘the ’364 By order of the Commission. have the right to appear as parties in
patent’’); 8,689,064; 8,516,185; Commission antidumping and
Issued: January 16, 2018.
8,001,434 (‘‘the ’434 patent’’); 8,359,501
Lisa R. Barton, countervailing duty investigations. The
(‘‘the ’501 patent’’); and 8,489,837. The
Secretary to the Commission. Secretary will prepare a public service
Commission’s notice of investigation
named SK Hynix Inc. of Gyeoonggi-do, [FR Doc. 2018–00983 Filed 1–19–18; 8:45 am] list containing the names and addresses
Republic of Korea; and SK Hynix BILLING CODE 7020–02–P
of all persons, or their representatives,
America Inc. and SK Hynix Memory who are parties to the investigations.
Solutions Inc., both of San Jose, Background
California, as respondents. The Office of INTERNATIONAL TRADE
Unfair Import Investigations (‘‘OUII’’) is COMMISSION These investigations were instituted,
also a party to the investigation. Id. [Investigation Nos. 701–TA–591 and 731– pursuant to sections 703(a) and 733(a) of
On May 31, 2017, the Commission TA–1399 (Preliminary)] the Tariff Act of 1930 (19 U.S.C.
issued notice of its determination not to 1671b(a) and 1673b(a)), in response to a
review the ALJ’s ID (Order No. 21) Common Alloy Aluminum Sheet From notification of investigations self-
terminating the investigation as to the China initiated by the U.S. Department of
’364 patent based on partial withdrawal Commerce deemed by the Commission
of the complaint. Determinations
as having been filed on December 1,
On November 14, 2017, the ALJ On the basis of the record 1 developed 2017.
issued his final ID and recommended in the subject investigations, the United
determination (RD) on remedy and States International Trade Commission Notice of the institution of the
bonding in one document. The ID finds, (‘‘Commission’’) determines, pursuant Commission’s investigations and of a
inter alia, that none of respondents’ to the Tariff Act of 1930 (‘‘the Act’’), public conference to be held in
accused products infringe any of the that there is a reasonable indication that connection therewith was given by
remaining asserted patents. The ID also an industry in the United States is posting copies of the notice in the Office
finds that claims 1–3 and 5–7 of the ’434 materially injured by reason of imports of the Secretary, U.S. International
patent and claim 1 of the ’501 patent are of common alloy aluminum sheet from Trade Commission, Washington, DC,
not invalid as anticipated in view of China, provided for in subheadings and by publishing the notice in the
U.S. Patent Publication No. 2005/ 7606.11.30, 7606.11.60, 7606.12.30, Federal Register of December 8, 2017
0257109 A1 (‘‘Averbuj’’). 7606.12.60, 7606.91.30, 7606.91.60, (82 FR 58025). The conference was held
On November 27, 2017, complainant 7606.92.30, and 7606.92.60 of the in Washington, DC, on December 21,
and respondents petitioned for review Harmonized Tariff Schedule of the 2017, and all persons who requested the
of the final ID. On December 5, 2017, United States, that are alleged to be sold
complainant, respondents, and OUII opportunity were permitted to appear in
in the United States at less than fair person or by counsel.
each filed a response in opposition to value (‘‘LTFV’’) and to be subsidized by
the opposing petition for review. On the government of China. The Commission made these
December 5, 2017, the Chairman granted determinations pursuant to sections
respondents’ motion for leave to refile Commencement of Final Phase 703(a) and 733(a) of the Act (19 U.S.C.
its petition for review out of time. Investigations 1671b(a) and 1673b(a)). It completed
Having examined the record of this Pursuant to section 207.18 of the and filed its determinations in these
investigation, including the ID, the Commission’s rules, the Commission investigations on January 16, 2018. The
parties’ petitions for review, and the also gives notice of the commencement views of the Commission are contained
responses thereto, the Commission has of the final phase of its investigations. in USITC Publication 4757 (January
determined to review-in-part the final The Commission will issue a final phase 2018), entitled Common Alloy
ID. Specifically, the Commission has notice of scheduling, which will be Aluminum Sheet from China:
determined to review the ID’s finding published in the Federal Register as Investigation Nos. 701–TA–591 and
that claims 1–3 and 5–7 of the ’434 provided in section 207.21 of the 731–TA–1399 (Preliminary).
patent and claim 1 of the ’501 patent are Commission’s rules, upon notice from
not anticipated by Averbuj. The By order of the Commission.
the U.S. Department of Commerce
Commission has determined not to (‘‘Commerce’’) of affirmative Issued: January 17, 2018.
review the remainder of the final ID. preliminary determinations in the Lisa R. Barton,
On review, the Commission investigations under sections 703(b) or Secretary to the Commission.
determines to take no position on the 733(b) of the Act, or, if the preliminary [FR Doc. 2018–01034 Filed 1–19–18; 8:45 am]
ID’s finding that claims 1–3 and 5–7 of determinations are negative, upon
the ’434 patent and claim 1 of the ’501 BILLING CODE 7020–02–P
ethrower on DSK3G9T082PROD with NOTICES

notice of affirmative final
patent are not invalid as anticipated in determinations in those investigations
view of Averbuj. See Beloit Corp. v. under sections 705(a) or 735(a) of the
Valmet Oy, 742 F.2d 1421 (Fed. Cir. Act. Parties that filed entries of
1984). The Commission therefore
affirms the ID’s finding of no violation 1 The record is defined in sec. 207.2(f) of the
of section 337 and terminates the Commission’s Rules of Practice and Procedure (19
investigation. CFR 207.2(f)).

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Document Created: 2018-01-23 21:35:27
Document Modified: 2018-01-23 21:35:27

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		Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2310. 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		83 FR 3023