[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Notices]
[Pages 9478-9479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03548]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-800]
Certain Wireless Devices With 3G Capabilities and Components
Thereof Commission Determination To Grant an Unopposed Motion by
Complainants To Withdraw the Complaint as to the Remaining Respondents;
Termination of the Investigation
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 an unopposed motion by complainants
to withdraw the investigation as to the following remaining
respondents: LG Electronics, Inc. of Seoul, Republic of Korea; LG
Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; and LG
Electronics Mobilecomm U.S.A., Inc. of San Diego, California
(collectively, ``LG''). The investigation is terminated in its
entirety.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3042. 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 this investigation
on August 31, 2011, based on a complaint filed by InterDigital
Communications, LLC of King of
[[Page 9479]]
Prussia, Pennsylvania; InterDigital Technology Corporation of
Wilmington, Delaware; and IPR Licensing, Inc. of Wilmington, Delaware
(collectively, ``InterDigital''). 76 FR 54252 (Aug. 31, 2011). The
complaint alleged violations of section 337 of the Tariff Act of 1930,
as amended 19 U.S.C. 1337, in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain wireless devices with 3G capabilities and
components thereof by reason of infringement of certain claims of
United States Patent Nos. 7,349,540 (terminated from the
investigation); 7,502,406 (the '406 patent); 7,536,013 (the '013
patent); 7,616,970 (the '970 patent); 7,706,332 (the '332 patent);
7,706,830 (the '830 patent); and 7,970,127 (the '127 patent). The
notice of investigation named several respondents. The complaint and
notice of investigation were subsequently amended to allege
infringement of certain claims of United States Patent No. 8,009,636
(the '636 patent) and to add the LG entities as respondents. 76 FR
81527 (Dec. 28, 2011). The complaint and notice of investigation were
further amended to include an additional respondent. 77 FR 26788 (May
7, 2012).
InterDigital Communications, LLC subsequently moved for leave to
amend the Complaint and Notice of Investigation to reflect the fact
that it converted from a Pennsylvania limited liability company to a
Delaware corporation, and changed its name to InterDigital
Communications, Inc. The ALJ issued an ID granting the motion and the
Commission determined not to review. See Order No. 91 (Jan. 17, 2013);
Notice of Commission Determination Not to Review an Initial
Determination Granting Complainants' Motion for Leave to Amend the
Complaint and Notice of Investigation (Feb. 4, 2013).
On June 4, 2012, the ALJ granted a motion by LG under 19 CFR
210.21(a)(2) to terminate the investigation as to LG based on an
arbitration agreement. See Order No. 30 (June 4, 2012). The Commission
determined not to review. InterDigital appealed LG's termination from
this investigation, and the Federal Circuit reversed the Commission's
determination. InterDigital Commc'ns, LLC v. Int'l Trade Comm'n, 718
F.3d 1336 (Fed. Cir. 2013). The mandate issued on October 10, 2013,
returning jurisdiction to the Commission.
On June 28, 2013, the ALJ issued his final initial determination
(``ID''), finding no violation of section 337 by respondents whose
products were adjudicated (``Adjudicated Respondents''). On December
19, 2013, the Commission determined to affirm the ALJ's finding of no
violation of section 337 as to those respondents with the modifications
set forth in a Commission opinion that issued on December 20, 2013. The
Commission adopted the ALJ's findings that the '970, '013, and '127
patents are invalid in light of the prior art. However, due to the LG
remand, the Commission noted that all other issues, namely, validity of
the '830, '636, '406, and '332 patents, domestic industry, and FRAND
continue to remain under review.
On January 13, 2014, InterDigital moved to withdraw the complaint
as to LG. On January 23, 2014, the Commission investigative attorney
filed a response in support of the motion. That same day, LG filed a
response stating that it does not oppose the motion.
Having reviewed the motion and responses, the Commission has
determined to grant the motion. The motion complies with the
requirements of Commission Rule 210.21 (19 CFR 210.21) and includes the
required statement that there are no agreements, written or oral,
express or implied, between the parties concerning the subject matter
of this investigation. In addition, there appear to be no extraordinary
circumstances that would compel denying the motion. Certain
Ultrafiltration Membrane Sys. and Components Thereof, Inv. No. 337-TA-
107, Commission Action and Order, at 2 (Mar. 11, 1982). As all the
parties observe, terminating the investigation as to LG will conserve
substantial public and private resources. Under these circumstances,
termination of LG will not adversely affect the public health and
welfare, competitive conditions in the U.S. economy, the production of
like or directly competitive articles in the United States, or U.S.
consumers.
In its December 19, 2013, notice terminating the Adjudicated
Respondents, the Commission noted that due to the LG remand, issues
pertaining to the validity of the Power Ramp Up (the '830 and '636
patents) and Power Control (the '406 and '332 patents) patents as well
as domestic industry and FRAND remained under review. The Commission
has determined to adopt the ALJ's finding in the final ID that the
Adjudicated Respondents failed to establish by clear and convincing
evidence that the '830, '636, '406, and '332 patents are invalid. The
Commission has determined to take no position on whether InterDigital
established a domestic industry as required by 19 U.S.C. 1337(a)(2). In
view of its finding that Adjudicated Respondents did not violate
section 337 because of non-infringement and the withdrawal of the
remaining respondents, the Commission has also determined to take no
position on the FRAND issues. See Beloit Corp. v. Valmet Oy, 742 F.2d
1421, 1423 (Fed. Cir. 1984) (``The Commission . . . is at perfect
liberty to reach a `no violation' determination on a single dispositive
issue. That approach may often save the Commission, the parties, and
this court substantial unnecessary effort.'').
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 sections 210.21, 210.42-46 and 210.50 of the Commission's Rules of
Practice and Procedure (19 CFR 210.21, 210.42-46 and 210.50).
Issued: February 12, 2014.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-03548 Filed 2-18-14; 8:45 am]
BILLING CODE 7020-02-P