[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73335-73336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28871]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-897]
Certain Optical Disc Drives, Components Thereof, and Products
Containing the Same; Commission Determination To Review an Initial
Determination Terminating the Investigation Based on Complainant's Lack
of Standing and on Review To Modify-in-Part, Vacate-in-Part, and Remand
the Investigation in Part to the Presiding Administrative Law Judge for
Further Proceedings
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 review the presiding administrative law
judge's (``ALJ'') initial determination (``ID'') (Order No. 113)
granting respondents' motion to terminate the above-referenced
investigation based on the lack of standing of complainant Optical
Devices, LLC of Peterborough, New Hampshire (``Optical''). The
Commission modifies-in-part and vacates-in-part the subject ID and
remands the investigation to the presiding ALJ for further proceedings
consistent with its concurrently issued opinion and remand order.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. 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 October 25, 2013, based on a Complaint filed by Optical, as
supplemented. 78 FR 64009 (Oct. 25, 2013). The Complaint alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''), in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain optical disc drives, components thereof,
and products containing the same by reason of infringement of certain
claims of U.S. Patent Nos. 6,904,007 (``the '007 patent''); 7,196,979
(``the '979 patent''); 8,416,651 (``the '651 patent''); RE40,927 (``the
'927 patent''); RE42,913 (``the '913 patent''); and RE43,681 the ('681
patent''). The Complaint further alleges the existence of a domestic
industry. The Commission's Notice of Investigation named as respondents
Lenovo Group Ltd. of Quarry Bay, Hong Kong and Lenovo (United States)
Inc., of Morrisville, North Carolina; LG Electronics, Inc. of Seoul,
Republic of Korea and LG Electronics U.S.A., Inc. of Englewood Cliffs,
New Jersey; Panasonic Corp. of Osaka, Japan and Panasonic Corporation
of North America of Secaucus, New Jersey; Samsung Electronics Co., Ltd.
of Seoul, Republic of Korea and Samsung Electronics America, Inc. of
Ridgefield Park, New Jersey (collectively ``Samsung''); and Toshiba
Corporation of Tokyo, Japan and Toshiba America Information Systems,
Inc. of Irvine, California (collectively ``Respondents''). The Office
of Unfair Import Investigations was not named as a party to the
investigation.
The Commission later terminated the investigation as to the
application of numerous claims of the asserted patents to various named
respondents. See Notice of Commission Determination Not to Review an
Initial Determination Granting Complainant's Motions to Partially
Terminate the Investigation as to Certain Patents (Aug. 8, 2014). The
Commission also later terminated the investigation with respect to
Samsung based on a settlement agreement. See Notice of Commission
Determination to Grant a Joint Motion to Terminate the Investigation as
to Respondents [Samsung] on the Basis of a Settlement Agreement (Sept.
2, 2014).
On May 6, 2014, Respondents, including Samsung, filed a motion to
terminate the investigation for good cause based on Optical Devices'
lack of prudential standing to bring an infringement action with
respect to the asserted patents. On May 16, 2014, Optical Devices filed
a response in opposition. On June 3, 2014, Respondents, pursuant to
Order No. 83, filed a reply in support of their motion. On June 10,
2014, Optical Devices filed a motion for leave to file a surreply in
opposition to Respondent's reply. On June 11, 2014, Respondents filed
an opposition to Optical Devices' motion for leave to file a surreply.
On October 20, 2014, the ALJ issued the subject ID, granting
pursuant to section 210.21(a) of the Commission's Rules of Practice and
Procedure (19 CFR 210.21(a)) Respondents' motion to terminate the
investigation based on Optical Devices' lack of prudential standing.
Specifically, the ALJ found that Optical Devices does not hold all
substantial rights to the subject patents and, therefore, lacks
prudential standing to maintain an action for infringement without
joinder of other necessary parties. The ALJ also granted Optical
Devices' motion for leave to file a surreply.
Having examined the record of this investigation, including the
subject ID, the petitions for review, and the responses thereto, the
Commission has determined to review the subject ID. On review, the
Commission vacates the ALJ's finding that Optical Devices lacks
standing with respect to the '007, '979, and '651 patents
(collectively, ``the Kadlec Patents'') and remands the investigation
for further proceedings consistent with the Commission's concurrently
issued opinion and remand order. Further on review, the Commission
finds based on modified reasoning that Optical Devices lacks standing
with respect to the '927, '913, and '681 patents (collectively, ``the
Wild Patents'') and it would prejudice Respondents to allow Optical
Devices to join other necessary parties to remedy its lack of standing
at this time. The
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investigation is, hereby, terminated with respect to the Wild Patents.
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).
Dated: December 4, 2014.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-28871 Filed 12-9-14; 8:45 am]
BILLING CODE 7020-02-P