83 FR 54137 - Certain Network Devices, Related Software and Components Thereof (I); Institution of Modification Proceeding; Request for Briefing

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 208 (October 26, 2018)

Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification proceeding in the above-captioned investigation.

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54137-54138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23414]


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INTERNATIONAL TRADE COMMISSION

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


Certain Network Devices, Related Software and Components Thereof 
(I); Institution of Modification Proceeding; Request for Briefing

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 institute a modification proceeding in the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, 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 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 the 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; U.S. Patent No. 7,290,164 (``the 
'164 patent''); U.S. Patent No. 7,340,597; U.S. Patent No. 6,741,592 
(``the '592 patent''); and U.S. Patent No. 7,200,145, and alleges that 
an industry in the United States exists as required by subsection 
(a)(2) of section 337. The complaint named Arista Networks, Inc. 
(``Arista'') of Santa Clara, California as the respondent. A Commission 
investigative attorney (``OUII'') is participating 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 against 
Arista. 81 FR 42375-76 (June 29, 2016).
    On August 28, 2018, Cisco filed a petition pursuant to Commission 
Rule 210.76 to suspend the remedial orders issued in this investigation 
based on a settlement agreement between Cisco and Arista. Neither 
Arista nor OUII filed a response.
    On September 21, 2018, the Commission extended the time for 
determining whether to institute the requested proceeding until October 
22, 2018.
    The Commission has determined that Cisco's request complies with 
the requirements for institution of a modification proceeding under 
Commission Rule 210.76 due to changed circumstances. Accordingly, the 
Commission has determined to institute a modification proceeding. The 
Commission sets the target date for completion of the modification 
proceeding as 90 days after publication of this notice in the Federal 
Register.
    The Commission requests that the parties brief the following issue:

    1. Given the parties' representations (1) that they have entered 
into a binding settlement wherein Arista must ``maintain the 
modifications it has made to its current products for sale in the 
United States,'' Pet. at 1, Exh. A at 9; and (2) that ``Commission 
Rule 210.76 permits modifications of Commission remedial orders'' 
based on settlement, Pet. at 2, please discuss your position 
regarding modification of the existing remedial orders to expressly 
exempt the Arista redesigned products from the scope of the remedial 
orders.

    The parties are requested to brief the discrete issue identified 
above, with reference to the applicable law. The parties are requested 
to submit proposed remedial orders, which exempt the redesigned 
products, for the Commission's consideration.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
The written submissions and proposed remedial orders must be filed no 
later than close of business on November 1, 2018. Reply submissions 
must be filed no later than the close of business on November 8, 2018. 
Opening submissions are limited to 10 pages exclusive of draft orders. 
Reply submissions are limited to 7 pages. No further submissions will 
be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 2.10.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-944'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be

[[Page 54138]]

directed to the Secretary to the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    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: October 22, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-23414 Filed 10-25-18; 8:45 am]
 BILLING CODE 7020-02-P