[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36582-36583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13350]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-953]
Certain Wireless Standard Compliant Electronic Devices, Including
Communication Devices and Tablet Computers, Commission Determination
Not To Review an Initial Determination Granting a Joint Motion To
Terminate the Investigation on the Basis of Settlement; Termination of
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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 48)
granting the joint motion of complainants Ericsson Inc. of Plano,
Texas, and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden
(collectively, ``Ericsson'') and respondent Apple Inc. of Cupertino,
California (``Apple'') to terminate the above-referenced investigation
on the basis of a settlement agreement. The investigation is
terminated.
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://
[[Page 36583]]
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 April 3, 2015, based on a complaint filed by Ericsson. 80 FR 18255-
56 (Apr. 3, 2015). The complaint alleges 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, or the sale within
the United States after importation of certain wireless standard
compliant electronic devices, including communication devices and
tablet computers by reason of infringement of certain claims of U.S.
Patent Nos. 8,717,996; 8,660,270; 6,058,359; 6,301,556; 8,102,805;
8,607,130; 8,837,381; and 8,331,476. The complaint further alleges the
existence of a domestic industry. The Commission's Notice of
Investigation names Apple as respondent. The Office of Unfair Import
Investigations was also named as a party.
On January 19, 2016, Ericsson and Apple filed a second amended
joint motion (``joint motion'') to terminate the Investigation on the
basis of a settlement agreement. On January 22, 2016, the ALJ issued
show cause Order No. 44, identifying several deficiencies with the
motion. On January 29, 2016, Ericsson and Apple responded to Order No.
44 and filed a copy of their settlement agreement on January 29, 2016.
Also on January 29, 2016, the Commission investigative attorney
(``IA'') filed a response to the joint motion, supporting the motion to
terminate with certain reservations regarding the filing of the
settlement agreement and the redacted settlement agreement. On February
3, 2016, Ericsson and Apple filed a reply brief, addressing certain
issues in the IA's response. Proceedings to resolve issues surrounding
the scope of the redactions followed and the complaint agreement was
filed.
On May 5, 2016, the ALJ issued the subject ID, granting the joint
motion for termination of the investigation. The ALJ found that the
joint motion complied with the requirements of Commission Rule
210.21(b)(1) and that granting the motion would not be contrary to the
public interest. No petitions for review of the subject ID were filed.
The Commission has determined not to review the ID.
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: June 1, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-13350 Filed 6-6-16; 8:45 am]
BILLING CODE 7020-02-P