83 FR 3770 - Certain Subsea Telecommunication Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range		3770-3771
FR Document		2018-01379

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 22, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Neptune Subsea Acquisitions Ltd. of the United Kingdom; Neptune Subsea IP Ltd. of the United Kingdom; and Xtera, Inc. of Allen, Texas. Supplements to the complaint were filed on January 4 and 8, 2018. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain subsea telecommunication systems and components thereof by reason of infringement of one or more of U.S. Patent No. 8,380,068 (``the '068 Patent''); U.S. Patent No. 7,860,403 (``the '403 Patent''); U.S. Patent No. 8,971,171 (``the '171 Patent''); U.S. Patent No. 8,351,798 (``the '798 Patent''); and U.S. Patent No. 8,406,637 (``the '637 Patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3770-3771]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01379]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1098]


Certain Subsea Telecommunication Systems and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 22, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Neptune Subsea 
Acquisitions Ltd. of the United Kingdom; Neptune Subsea IP Ltd. of the 
United Kingdom; and Xtera, Inc. of Allen, Texas. Supplements to the 
complaint were filed on January 4 and 8, 2018. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain subsea telecommunication systems and 
components thereof by reason of infringement of one or more of U.S. 
Patent No. 8,380,068 (``the '068 Patent''); U.S. Patent No. 7,860,403 
(``the '403 Patent''); U.S. Patent No. 8,971,171 (``the '171 Patent''); 
U.S. Patent No. 8,351,798 (``the '798 Patent''); and U.S. Patent No. 
8,406,637 (``the '637 Patent''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, is 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, Room 
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on January 19, 2018, Ordered 
That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain subsea 
telecommunication systems and components thereof by reason of 
infringement of one or more of claims 1-15 of the '068 Patent; claims 
1-14 of the '403 Patent; claims 1-10 of the '171 Patent; claims 13-20 
of the '798 Patent; and claims 1-6 of the '637 Patent; and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(l), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. l337(d)(l), 
(f)(1), (g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Neptune Subsea Acquisitions Ltd., Bates House, Church Road, Harold 
Wood, Essex, RM3 0SD, UK
Neptune Subsea IP Ltd., Bates House, Church Road, Harold Wood, Essex, 
RM3 0SD, UK
Xtera, Inc., 500 West Bethany Drive, Allen, TX 75013

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Nokia Corporation, Karaportti 3, 02610 Espoo, Finland
Nokia Solutions and Networks B.V., Antareslaan 1, 2132JE Hoofddorp, The 
Netherlands
Nokia Solutions and Networks Oy, Karaportti 3, 02610 Espoo, Finland
Alcatel-Lucent Submarine Networks SAS, 148 Route De La Reine, 148 AU 
152, 92100 Boulogne Billancourt, France
Nokia Solutions and Networks US LLC, 638 N Fifth Ave, Phoenix, AZ 85003
NEC Corporation, 7-1, Shiba 5-chome, Minato-ku, Tokyo 108-8001, Japan
NEC Networks & System Integration Corporation, Iidabashi First Tower, 
2-6-1 Koraku, Bunkyo-ku, Tokyo, 112-8560, Japan
NEC Corporation of America, 3929 W. John Carpenter Freeway, Irving, TX 
75063-2909

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW, Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination

[[Page 3771]]

and a final determination containing such findings, and may result in 
the issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By order of the Commission.

    Issued: January 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01379 Filed 1-25-18; 8:45 am]
 BILLING CODE 7020-02-P

3770 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices

Issued: January 23, 2018. assistance in gaining access to the Neptune Subsea IP Ltd., Bates House,
Lisa R. Barton, Commission should contact the Office Church Road, Harold Wood, Essex,
Secretary to the Commission. of the Secretary at (202) 205–2000. RM3 0SD, UK
[FR Doc. 2018–01425 Filed 1–25–18; 8:45 am] General information concerning the Xtera, Inc., 500 West Bethany Drive,
BILLING CODE 7020–02–P
Commission may also be obtained by Allen, TX 75013
accessing its internet server at https:// (b) The respondents are the following
www.usitc.gov. The public record for entities alleged to be in violation of
INTERNATIONAL TRADE this investigation may be viewed on the section 337, and are the parties upon
COMMISSION Commission’s electronic docket (EDIS) which the complaint is to be served:
at https://edis.usitc.gov. Nokia Corporation, Karaportti 3, 02610
[Investigation No. 337–TA–1098]
FOR FURTHER INFORMATION CONTACT: Espoo, Finland
Certain Subsea Telecommunication Pathenia M. Proctor, The Office of Nokia Solutions and Networks B.V.,
Systems and Components Thereof; Unfair Import Investigations, U.S. Antareslaan 1, 2132JE Hoofddorp, The
Institution of Investigation International Trade Commission, Netherlands
telephone (202) 205–2560. Nokia Solutions and Networks Oy,
AGENCY: U.S. International Trade SUPPLEMENTARY INFORMATION: Karaportti 3, 02610 Espoo, Finland
Commission. Authority: The authority for Alcatel-Lucent Submarine Networks
ACTION: Notice. institution of this investigation is SAS, 148 Route De La Reine, 148 AU
contained in section 337 of the Tariff 152, 92100 Boulogne Billancourt,
SUMMARY: Notice is hereby given that a Act of 1930, as amended, 19 U.S.C. 1337 France
complaint was filed with the U.S. and in section 210.10 of the Nokia Solutions and Networks US LLC,
International Trade Commission on Commission’s Rules of Practice and 638 N Fifth Ave, Phoenix, AZ 85003
December 22, 2017, under section 337 of Procedure, 19 CFR 210.10 (2017). NEC Corporation, 7–1, Shiba 5-chome,
the Tariff Act of 1930, as amended, on Scope of Investigation: Having Minato-ku, Tokyo 108–8001, Japan
behalf of Neptune Subsea Acquisitions considered the amended complaint, the NEC Networks & System Integration
Ltd. of the United Kingdom; Neptune U.S. International Trade Commission, Corporation, Iidabashi First Tower, 2–
Subsea IP Ltd. of the United Kingdom; on January 19, 2018, Ordered That— 6–1 Koraku, Bunkyo-ku, Tokyo, 112–
and Xtera, Inc. of Allen, Texas. (1) Pursuant to subsection (b) of 8560, Japan
Supplements to the complaint were section 337 of the Tariff Act of 1930, as NEC Corporation of America, 3929 W.
filed on January 4 and 8, 2018. The amended, an investigation be instituted John Carpenter Freeway, Irving, TX
complaint alleges violations of section to determine whether there is a 75063–2909
337 based upon the importation into the violation of subsection (a)(1)(B) of (c) The Office of Unfair Import
United States, the sale for importation, section 337 in the importation into the Investigations, U.S. International Trade
and the sale within the United States United States, the sale for importation, Commission, 500 E Street, SW, Suite
after importation of certain subsea or the sale within the United States after 401, Washington, DC 20436; and
telecommunication systems and importation of certain subsea (4) For the investigation so instituted,
components thereof by reason of telecommunication systems and the Chief Administrative Law Judge,
infringement of one or more of U.S. components thereof by reason of U.S. International Trade Commission,
Patent No. 8,380,068 (‘‘the ’068 Patent’’); infringement of one or more of claims shall designate the presiding
U.S. Patent No. 7,860,403 (‘‘the ’403 1–15 of the ’068 Patent; claims 1–14 of Administrative Law Judge.
Patent’’); U.S. Patent No. 8,971,171 (‘‘the the ’403 Patent; claims 1–10 of the ’171 Responses to the complaint and the
’171 Patent’’); U.S. Patent No. 8,351,798 Patent; claims 13–20 of the ’798 Patent; notice of investigation must be
(‘‘the ’798 Patent’’); and U.S. Patent No. and claims 1–6 of the ’637 Patent; and submitted by the named respondents in
8,406,637 (‘‘the ’637 Patent’’). The whether an industry in the United accordance with section 210.13 of the
complaint further alleges that an States exists as required by subsection Commission’s Rules of Practice and
industry in the United States exists as (a)(2) of section 337; Procedure, 19 CFR 210.13. Pursuant to
required by the applicable Federal (2) Pursuant to Commission Rule 19 CFR 201.16(e) and 210.13(a), such
Statute. 210.50(b)(l), 19 CFR 210.50(b)(l), the responses will be considered by the
The complainant requests that the presiding administrative law judge shall Commission if received not later than 20
Commission institute an investigation take evidence or other information and days after the date of service by the
and, after the investigation, issue a hear arguments from the parties or other Commission of the complaint and the
limited exclusion order and cease and interested persons with respect to the notice of investigation. Extensions of
desist orders. public interest in this investigation, as time for submitting responses to the
ADDRESSES: The amended complaint, appropriate, and provide the complaint and the notice of
except for any confidential information Commission with findings of fact and a investigation will not be granted unless
contained therein, is available for recommended determination on this good cause therefor is shown.
inspection during official business issue, which shall be limited to the Failure of a respondent to file a timely
hours (8:45 a.m. to 5:15 p.m.) in the statutory public interest factors set forth response to each allegation in the
Office of the Secretary, U.S. in 19 U.S.C. l337(d)(l), (f)(1), (g)(1); complaint and in this notice may be
International Trade Commission, 500 (3) For the purpose of the deemed to constitute a waiver of the
E Street SW, Room 112, Washington, DC investigation so instituted, the following right to appear and contest the
daltland on DSKBBV9HB2PROD with NOTICES

20436, telephone (202) 205–2000. are hereby named as parties upon which allegations of the complaint and this
Hearing impaired individuals are this notice of investigation shall be notice, and to authorize the
advised that information on this matter served: administrative law judge and the
can be obtained by contacting the (a) The complainant is: Commission, without further notice to
Commission’s TDD terminal on (202) Neptune Subsea Acquisitions Ltd., Bates the respondent, to find the facts to be as
205–1810. Persons with mobility House, Church Road, Harold Wood, alleged in the complaint and this notice
impairments who will need special Essex, RM3 0SD, UK and to enter an initial determination

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Document Created: 2018-10-26 10:03:47
Document Modified: 2018-10-26 10:03:47

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		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		83 FR 3770