83 FR 47641 - Certain Network Devices, Related Software and Components Thereof (I): Commission Decision To Terminate the Enforcement Proceeding Based on Settlement

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range		47641-47641
FR Document		2018-20473

Notice is hereby given that the U.S. International Trade Commission has determined to grant the private parties' joint motion to terminate the enforcement proceeding based on settlement. The enforcement proceeding is terminated.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)

[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Notices]
[Page 47641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20473]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-944 (Enforcement Proceeding)]


Certain Network Devices, Related Software and Components Thereof 
(I): Commission Decision To Terminate the Enforcement Proceeding Based 
on Settlement

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 grant the private parties' joint motion to 
terminate the enforcement proceeding based on settlement. The 
enforcement proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 the underlying 
investigation on January 27, 2015, based on a complaint filed on behalf 
of Cisco Systems, Inc. (``Cisco'') of San Jose, California. 80 FR 4314-
15 (Jan. 27, 2015). 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 network devices, related software and components thereof by 
reason of infringement of certain claims of U.S. Patent No. 7,162,537 
(``the '537 patent''); U.S. Patent No. 8,356,296 (``the '296 patent''); 
U.S. Patent No. 7,290,164 (``the '164 patent''); U.S. Patent No. 
7,340,597 (``the '597 patent''); U.S. Patent No. 6,741,592 (``the '592 
patent''); and U.S. Patent No. 7,200,145 (``the '145 patent''), and 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The '296 patent was withdrawn from 
the investigation. The notice of investigation named Arista Networks, 
Inc. (``Arista'') of Santa Clara, California as the respondent. A 
Commission investigative attorney participated in the investigation.
    On June 23, 2016, the Commission found that a Section 337 violation 
had occurred as to the '537, '592, and '145 patents and therefore 
issued a limited exclusion order and a cease and desist order (``CDO'') 
against Arista. 81 FR 42375-76 (June 29, 2016).
    On August 26, 2016, Cisco filed an enforcement complaint alleging 
that Arista had violated the June 23, 2016 CDO by reason of 
infringement of the '537 patent. The Commission instituted this 
enforcement proceeding on October 4, 2016, based on Cisco's complaint. 
81 FR 68455 (Oct. 4, 2016).
    On August 24, 2018, Cisco and Arista filed a joint motion to 
terminate the enforcement proceeding based on settlement. The motion 
includes both confidential and public versions of a binding term sheet, 
and the parties represent that there are no other agreements, written 
or oral, express or implied between them concerning the subject matter 
of the proceeding. The parties also contend that the termination of the 
investigation would not adversely affect the public interest.
    The Commission has determined to grant the joint motion. The 
Commission finds that the private parties have complied with the 
Commission's Rules, and that termination of the enforcement proceeding 
would not adversely affect the public interest. The proceeding is 
terminated.
    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: September 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-20473 Filed 9-19-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices 47641

Issued: September 14, 2018. of U.S. Patent No. 7,162,537 (‘‘the ’537 INTERNATIONAL TRADE
Lisa Barton, patent’’); U.S. Patent No. 8,356,296 (‘‘the COMMISSION
Secretary to the Commission. ’296 patent’’); U.S. Patent No. 7,290,164
[FR Doc. 2018–20441 Filed 9–19–18; 8:45 am] (‘‘the ’164 patent’’); U.S. Patent No. Notice of Receipt of Complaint;
BILLING CODE 7020–02–P
7,340,597 (‘‘the ’597 patent’’); U.S. Solicitation of Comments Relating to
Patent No. 6,741,592 (‘‘the ’592 patent’’); the Public Interest
and U.S. Patent No. 7,200,145 (‘‘the ’145 AGENCY: U.S. International Trade
INTERNATIONAL TRADE patent’’), and alleges that an industry in Commission.
COMMISSION the United States exists as required by
ACTION: Notice.
subsection (a)(2) of section 337. The
[Investigation No. 337–TA–944
’296 patent was withdrawn from the SUMMARY: Notice is hereby given that
(Enforcement Proceeding)]
investigation. The notice of the U.S. International Trade
Certain Network Devices, Related investigation named Arista Networks, Commission has received a complaint
Software and Components Thereof (I): Inc. (‘‘Arista’’) of Santa Clara, California entitled Certain LTE- and 3G-Compliant
Commission Decision To Terminate as the respondent. A Commission Cellular Communications Devices, DN
the Enforcement Proceeding Based on investigative attorney participated in the 3342; the Commission is soliciting
Settlement investigation. comments on any public interest issues
On June 23, 2016, the Commission raised by the complaint or
AGENCY: U.S. International Trade found that a Section 337 violation had complainant’s filing pursuant to the
Commission. occurred as to the ’537, ’592, and ’145 Commission’s Rules of Practice and
ACTION: Notice. patents and therefore issued a limited Procedure.
exclusion order and a cease and desist FOR FURTHER INFORMATION CONTACT: Lisa
SUMMARY: Notice is hereby given that
order (‘‘CDO’’) against Arista. 81 FR R. Barton, Secretary to the Commission,
the U.S. International Trade
42375–76 (June 29, 2016). U.S. International Trade Commission,
Commission has determined to grant the
On August 26, 2016, Cisco filed an 500 E Street SW, Washington, DC
private parties’ joint motion to terminate
enforcement complaint alleging that 20436, telephone (202) 205–2000. The
the enforcement proceeding based on
Arista had violated the June 23, 2016 public version of the complaint can be
settlement. The enforcement proceeding
CDO by reason of infringement of the accessed on the Commission’s
is terminated.
’537 patent. The Commission instituted Electronic Document Information
FOR FURTHER INFORMATION CONTACT: System (EDIS) at https://edis.usitc.gov,
Amanda Pitcher Fisherow, Esq., Office this enforcement proceeding on October
4, 2016, based on Cisco’s complaint. 81 and will be available for inspection
of the General Counsel, U.S. during official business hours (8:45 a.m.
International Trade Commission, 500 E FR 68455 (Oct. 4, 2016).
to 5:15 p.m.) in the Office of the
Street SW, Washington, DC 20436, On August 24, 2018, Cisco and Arista Secretary, U.S. International Trade
telephone (202) 205–2737. Copies of filed a joint motion to terminate the Commission, 500 E Street SW,
non-confidential documents filed in enforcement proceeding based on Washington, DC 20436, telephone (202)
connection with this investigation are or settlement. The motion includes both 205–2000.
will be available for inspection during confidential and public versions of a General information concerning the
official business hours (8:45 a.m. to 5:15 binding term sheet, and the parties Commission may also be obtained by
p.m.) in the Office of the Secretary, U.S. represent that there are no other accessing its internet server at United
International Trade Commission, 500 E agreements, written or oral, express or States International Trade Commission
Street SW, Washington, DC 20436, implied between them concerning the (USITC) at https://www.usitc.gov. The
telephone (202) 205–2000. General subject matter of the proceeding. The public record for this investigation may
information concerning the Commission parties also contend that the termination be viewed on the Commission’s
may also be obtained by accessing its of the investigation would not adversely Electronic Document Information
internet server at http://www.usitc.gov. affect the public interest. System (EDIS) at https://edis.usitc.gov.
The public record for this investigation The Commission has determined to Hearing-impaired persons are advised
may be viewed on the Commission’s grant the joint motion. The Commission that information on this matter can be
electronic docket (EDIS) at http:// finds that the private parties have obtained by contacting the
edis.usitc.gov. Hearing-impaired complied with the Commission’s Rules, Commission’s TDD terminal on (202)
persons are advised that information on and that termination of the enforcement 205–1810.
this matter can be obtained by proceeding would not adversely affect SUPPLEMENTARY INFORMATION: The
contacting the Commission’s TDD the public interest. The proceeding is Commission has received a complaint
terminal on (202) 205–1810. terminated. and a submission pursuant to § 210.8(b)
SUPPLEMENTARY INFORMATION: The The authority for the Commission’s of the Commission’s Rules of Practice
Commission instituted the underlying determination is contained in section and Procedure filed on behalf of INVT
investigation on January 27, 2015, based 337 of the Tariff Act of 1930, as SPE LLC on September 14, 2018. The
on a complaint filed on behalf of Cisco amended, 19 U.S.C. 1337, and in Part complaint alleges violations of section
Systems, Inc. (‘‘Cisco’’) of San Jose, 210 of the Commission’s Rules of 337 of the Tariff Act of 1930 (19 U.S.C.
California. 80 FR 4314–15 (Jan. 27, Practice and Procedure, 19 CFR part 1337) in the importation into the United
2015). The complaint alleges violations 210. States, the sale for importation, and the
amozie on DSK3GDR082PROD with NOTICES1

of section 337 based upon the sale within the United States after
By order of the Commission.
importation into the United States, the importation of certain LTE- and 3G-
sale for importation, and the sale within Issued: September 17, 2018. compliant cellular communications
the United States after importation of Lisa Barton, devices. The complaint names as
certain network devices, related Secretary to the Commission. respondents: Apple Inc. of Cupertino,
software and components thereof by [FR Doc. 2018–20473 Filed 9–19–18; 8:45 am] CA; HTC Corporation of China; HTC
reason of infringement of certain claims BILLING CODE 7020–02–P America, Inc. of Seattle, Washington;

VerDate Sep<11>2014 18:01 Sep 19, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM 20SEN1

Document Created: 2018-09-20 02:08:08
Document Modified: 2018-09-20 02:08:08

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		Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://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 47641