83_FR_54345 83 FR 54137 - Certain Network Devices, Related Software and Components Thereof (I); Institution of Modification Proceeding; Request for Briefing

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)

Page Range54137-54138
FR Document2018-23414

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 Issue 208 (Friday, October 26, 2018) 
[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

Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices 54137 running south from the LDPI to the investigation are or will be available for modification proceeding under Alaska coastline west of the inspection during official business Commission Rule 210.76 due to Kadleroshilik River. The pipeline would hours (8:45 a.m. to 5:15 p.m.) in the changed circumstances. Accordingly, transition to above-ground for Office of the Secretary, U.S. the Commission has determined to approximately 1.5 miles and tie into the International Trade Commission, 500 E institute a modification proceeding. The existing Badami pipeline. Hilcorp Street SW, Washington, DC 20436, Commission sets the target date for would produce and process oil from the telephone (202) 205–2000. General completion of the modification LDPI, transport it through the Badami information concerning the Commission proceeding as 90 days after publication pipeline to the existing common carrier may also be obtained by accessing its of this notice in the Federal Register. pipeline system, and from there on to internet server at https://www.usitc.gov. The Commission requests that the the Trans-Alaska Pipeline System. The public record for this investigation parties brief the following issue: After careful consideration, the may be viewed on the Commission’s 1. Given the parties’ representations (1) Department of the Interior (DOI) has electronic docket (EDIS) at https:// that they have entered into a binding selected the Proposed Action edis.usitc.gov. Hearing-impaired settlement wherein Arista must ‘‘maintain (Alternative 1) with additional persons are advised that information on the modifications it has made to its current mitigation measures analyzed in the this matter can be obtained by products for sale in the United States,’’ Pet. Liberty DPP FEIS. DOI’s selection of the contacting the Commission’s TDD at 1, Exh. A at 9; and (2) that ‘‘Commission Proposed Action meets the purpose and terminal on (202) 205–1810. Rule 210.76 permits modifications of Commission remedial orders’’ based on need as identified in the Liberty DPP SUPPLEMENTARY INFORMATION: The settlement, Pet. at 2, please discuss your FEIS, and reflects an informed decision Commission instituted the investigation position regarding modification of the balancing orderly resource development on January 27, 2015, based on a existing remedial orders to expressly exempt with protection of the human, marine, complaint filed on behalf of Cisco the Arista redesigned products from the and coastal environments. The full text Systems, Inc. (‘‘Cisco’’) of San Jose, scope of the remedial orders. of the mitigation measures which will California. 80 FR 4314–15 (Jan. 27, The parties are requested to brief the be included in the project approval are 2015). The complaint alleges violations discrete issue identified above, with available in the Record of Decision, of section 337 based upon the reference to the applicable law. The which is available on BOEM’s website importation into the United States, the parties are requested to submit proposed at: www.boem.gov/liberty. sale for importation, and the sale within remedial orders, which exempt the Authority: This Notice of Availability is the United States after importation of redesigned products, for the published pursuant to regulations (40 CFR certain network devices, related Commission’s consideration. part 1506) implementing the provisions of software and components thereof by Written Submissions: The parties to the National Environmental Policy Act reason of infringement of certain claims the investigation are requested to file (NEPA) of 1969, as amended (42 U.S.C. 4321 of U.S. Patent No. 7,162,537 (‘‘the ’537 et seq.). written submissions on the issues patent’’); U.S. Patent No. 8,356,296; U.S. identified in this notice. The written Dated: October 19, 2018. Patent No. 7,290,164 (‘‘the ’164 patent’’); submissions and proposed remedial Walter D. Cruickshank, U.S. Patent No. 7,340,597; U.S. Patent orders must be filed no later than close Acting Director, Bureau of Ocean Energy No. 6,741,592 (‘‘the ’592 patent’’); and of business on November 1, 2018. Reply Management. U.S. Patent No. 7,200,145, and alleges submissions must be filed no later than [FR Doc. 2018–23366 Filed 10–25–18; 8:45 am] that an industry in the United States the close of business on November 8, BILLING CODE 4310–MR–P exists as required by subsection (a)(2) of 2018. Opening submissions are limited section 337. The complaint named to 10 pages exclusive of draft orders. Arista Networks, Inc. (‘‘Arista’’) of Santa Reply submissions are limited to 7 INTERNATIONAL TRADE Clara, California as the respondent. A pages. No further submissions will be COMMISSION Commission investigative attorney permitted unless otherwise ordered by (‘‘OUII’’) is participating in the the Commission. [Investigation No. 337–TA–944 (Modification investigation. Persons filing written submissions Proceeding)] On June 23, 2016, the Commission must file the original document Certain Network Devices, Related found that a Section 337 violation had electronically on or before the deadlines Software and Components Thereof (I); occurred as to the ’537, ’592, and ’145 stated above and submit eight true paper Institution of Modification Proceeding; patents and therefore issued a limited copies to the Office of the Secretary by Request for Briefing exclusion order and a cease and desist noon the next day pursuant to section order against Arista. 81 FR 42375–76 210.4(f) of the Commission’s Rules of AGENCY: U.S. International Trade (June 29, 2016). Practice and Procedure (19 CFR Commission. On August 28, 2018, Cisco filed a 2.10.4(f)). Submissions should refer to ACTION: Notice. petition pursuant to Commission Rule the investigation number (‘‘Inv. No. 210.76 to suspend the remedial orders 337–TA–944’’) in a prominent place on SUMMARY: Notice is hereby given that issued in this investigation based on a the cover page and/or the first page. (See the U.S. International Trade settlement agreement between Cisco and Handbook for Electronic Filing Commission has determined to institute Arista. Neither Arista nor OUII filed a Procedures, http://www.usitc.gov/ a modification proceeding in the above- response. secretary/fed_reg_notices/rules/ captioned investigation. On September 21, 2018, the khammond on DSK30JT082PROD with NOTICES handbook_on_electronic_filing.pdf). FOR FURTHER INFORMATION CONTACT: Commission extended the time for Persons with questions regarding filing Amanda P. Fisherow, Office of the determining whether to institute the should contact the Secretary (202–205– General Counsel, U.S. International requested proceeding until October 22, 2000). Trade Commission, 500 E Street SW, 2018. Any person desiring to submit a Washington, DC 20436, telephone (202) The Commission has determined that document to the Commission in 205–2737. Copies of non-confidential Cisco’s request complies with the confidence must request confidential documents filed in connection with this requirements for institution of a treatment. All such requests should be VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1

54138 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices directed to the Secretary to the the Commission’s TDD terminal on 202– INTERNATIONAL TRADE Commission and must include a full 205–1810. Persons with mobility COMMISSION statement of the reasons why the impairments who will need special [Investigation No. 337–TA–1065] Commission should grant such assistance in gaining access to the treatment. See 19 CFR 201.6. Documents Commission should contact the Office Certain Mobile Electronic Devices and for which confidential treatment by the of the Secretary at 202–205–2000. Radio Frequency and Processing Commission is properly sought will be General information concerning the Components Thereof; Notice of treated accordingly. All information, Commission may also be obtained by Request for Statements on the Public including confidential business accessing its internet server (https:// Interest information and documents for which www.usitc.gov). The public record for confidential treatment is properly AGENCY: U.S. International Trade this investigation may be viewed on the sought, submitted to the Commission for Commission. Commission’s electronic docket (EDIS) purposes of this Investigation may be ACTION: Notice. at https://edis.usitc.gov. disclosed to and used: (i) By the Commission, its employees and Offices, SUPPLEMENTARY INFORMATION: On July SUMMARY: Notice is hereby given that and contract personnel (a) for 16, 2018, the Commission established a the presiding administrative law judge developing or maintaining the records schedule for the conduct of the full five- has issued a Final Initial Determination of this or a related proceeding, or (b) in year reviews (83 FR 34873, July 23, on Section 337 Violation and a internal investigations, audits, reviews, 2018). The Commission is revising its Recommended Determination on and evaluations relating to the schedule. Remedy and Bonding in the above- programs, personnel, and operations of captioned investigation. The The Commission’s revised dates in Commission is soliciting comments on the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. the schedule are as follows: Requests to public interest issues raised by the government employees and contract appear at the hearing must be filed with recommended relief, should the personnel,1 solely for cybersecurity the Secretary to the Commission not Commission find a violation. This purposes. All nonconfidential written later than November 16, 2018; the notice is soliciting public interest submissions will be available for public prehearing conference will be held at comments from the public only. Parties inspection at the Office of the Secretary the U.S. International Trade are to file public interest submissions and on EDIS. Commission Building on November 20, pursuant to Commission rules. The authority for the Commission’s 2018, if deemed necessary; the FOR FURTHER INFORMATION CONTACT: Carl determination is contained in section prehearing staff report will be placed in Bretscher, Office of the General Counsel, 337 of the Tariff Act of 1930, as the nonpublic record on November 2, U.S. International Trade Commission, amended (19 U.S.C. 1337), and in part 2018; the deadline for filing prehearing 500 E Street SW, Washington, DC 210 of the Commission’s Rules of briefs is November 13, 2018; the hearing 20436, telephone (202) 205–2382. Practice and Procedure (19 CFR part will be held at the U.S. International Copies of non-confidential documents 210). Trade Commission Building at 9:30 a.m. filed in connection with this By order of the Commission. on November 27, 2018; the deadline for investigation are or will be available for Issued: October 22, 2018. filing posthearing briefs is December 4, inspection during official business Lisa Barton, 2018; the Commission will make its hours (8:45 a.m. to 5:15 p.m.) in the final release of information on January Office of the Secretary, U.S. Secretary to the Commission. 2, 2019; and final party comments are International Trade Commission, 500 E [FR Doc. 2018–23414 Filed 10–25–18; 8:45 am] due on January 4, 2019. Street SW, Washington, DC 20436, BILLING CODE 7020–02–P telephone (202) 205–2000. General For further information concerning information concerning the Commission these reviews, see the Commission’s may also be obtained by accessing its INTERNATIONAL TRADE notice cited above and the internet server (https://www.usitc.gov). COMMISSION Commission’s Rules of Practice and The public record for this investigation [Investigation Nos. 701–TA–481 and 731– Procedure, part 201, subparts A through may be viewed on the Commission’s TA–1190 (Review)] E (19 CFR part 201), and part 207, Electronic Docket Information System subparts A, D, E, and F (19 CFR part (‘‘EDIS’’) (https://edis.usitc.gov). Crystalline Silicon Photovoltaic Cells 207). Hearing-impaired persons are advised and Modules From China: Revised that information on this matter can be Authority: These reviews are being Schedule for Full Five-Year Reviews obtained by contacting the conducted under authority of title VII of the AGENCY: United States International Tariff Act of 1930; this notice is published Commission’s TDD terminal, telephone Trade Commission. pursuant to section 207.62 of the (202) 205–1810. ACTION: Notice. Commission’s rules. SUPPLEMENTARY INFORMATION: Section By order of the Commission. 337 of the Tariff Act of 1930 (‘‘Section DATES: October 22, 2018. 337’’) provides that if the Commission Issued: October 22, 2018. FOR FURTHER INFORMATION CONTACT: finds a violation it shall exclude the Lisa Barton, articles concerned from the United Mary Messer (202–205–3193), Office of Secretary to the Commission. States unless after considering the khammond on DSK30JT082PROD with NOTICES Investigations, U.S. International Trade Commission, 500 E Street SW, [FR Doc. 2018–23375 Filed 10–25–18; 8:45 am] public interest factors listed in 19 U.S.C. Washington, DC 20436. Hearing- BILLING CODE 7020–02–P 1337(d)(1), it finds such articles should impaired persons can obtain not be prevented from entry. A similar information on this matter by contacting provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). 1 All contract personnel will sign appropriate The Commission is soliciting nondisclosure agreements. comments on public interest issues VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1


Document Created: 2018-10-26 02:28:09
Document Modified: 2018-10-26 02:28:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactAmanda 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.
FR Citation83 FR 54137 
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