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)

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, 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