[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Notices]
[Pages 22834-22835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09298]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-Ta-641 (Remand)]
Certain Variable Speed Wind Turbines and Components Thereof
Commission Determination To Grant a Joint Motion To Terminate the
Investigation on the Basis of a Settlement Agreement
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 a joint motion to terminate the
investigation on the basis of a settlement agreement.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3065. 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 (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 original
investigation on March 31, 2008, based upon a complaint filed on behalf
of General Electric of Fairfield, Connecticut (``GE'') on February 7,
2008. 73 FR 16910. The complaint alleged violations of section 337 of
the Tariff Act of 1930 (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 variable speed wind turbines and
components thereof that infringe claims 121-125 of U.S. Patent No.
5,083,039 (``the `039 patent'') and claims 1-12, 15-18, and 21-28 of
U.S. Patent No. 6,921,985 (``the `985 patent''). The complaint named as
respondents Mitsubishi Heavy Industries, Ltd. of Tokyo, Japan and
Mitsubishi Power Systems, Inc. of Lake Mary, Florida (collectively,
``Mitsubishi''), and a third entity which was subsequently found not to
import. On October 8, 2008, the Commission issued notice of its
determination not to review an initial determination (``ID'') (Order
No. 10) granting GE's motion to amend its complaint and the notice of
investigation to add claims 1-19 of United States Patent No. 7,321,221
(``the `221 patent'') to the investigation.
On August 7, 2009, the ALJ issued his final ID finding a violation
of section 337. The ALJ found a violation of section 337 with respect
to the `039 patent and the `985 patent but not the `221 patent.
On January 8, 2010, the Commission issued notice of its final
determination of no violation of section 337 as to all of these
patents. With respect to the `985 patent, the Commission found that GE
failed to satisfy the technical prong of the domestic industry
requirement.
GE filed an appeal with the U.S. Court of Appeals for the Federal
Circuit. On motion by the Commission, the Court dismissed the appeal as
to the `039 patent and thereby vacated as moot the Commission
determination as to that patent. Subsequently, the Court affirmed the
Commission's determination as to the `221 patent, and reversed the
Commission's determination that GE had not satisfied the domestic
industry requirement as to the `985 patent. The opinion originally
issued by the Court contained a further Part III, which commented on
the Commission's authority to take no position on an issue pursuant to
Beloit Corp. v. Valmet Oy, 742 F.2d 1421 (Fed. Cir. 1984).
Subsequently, the panel granted a petition for rehearing, withdrawing
Part III of its Opinion. General Electric Co. v. Int'l Trade Comm'n,
Order, 692 F.3d 1218 (Fed. Cir. 2012).
The Federal Circuit issued its mandate on August 27, 2012.
Subsequently, the Commission received numerous unsolicited submissions
from the parties concerning the merits of the remand. The Commission
also received a motion for sanctions by Mitsubishi against GE, a
response thereto by GE, and motions for leave to file a reply and
surreply.
On January 2, 2014, GE and Mitsubishi filed a joint motion to
terminate the investigation on the basis of a settlement agreement
pursuant to Commission rule 210.21(b), 19 CFR 210.21(b). The parties
stated that termination is in the interest of the public and
administrative economy. On January 27, 2014, the Office of Unfair
Import Investigations (``OUII'') filed a response in opposition,
stating that the public version of the settlement agreement was overly
redacted. On
[[Page 22835]]
February 7, 2014, the parties re-submitted the public version of the
settlement agreement. On the same day, OUII wrote a letter to the
Secretary to the Commission, withdrawing its opposition.
After considering the joint motion, and the settlement agreement,
the Commission agrees that the joint motion to terminate is in the
interest of the public, and complies with the requirements of
Commission rule 210.21(b). The Commission has therefore determined to
grant the motion to terminate the investigation on the basis of a
settlement agreement and to dismiss the motion for sanctions. The
Commission has further determined to dismiss as moot the private
parties' motions for leave to file a reply and to file a surreply and
to not accept for filing any submissions not previously accepted given
that the case has been mooted by settlement. The investigation is
hereby 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).
Issued: April 18, 2014.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-09298 Filed 4-23-14; 8:45 am]
BILLING CODE 7020-02-P