[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2670-2671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00736]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1026]
Certain Audio Processing Hardware, Software, and Products
Containing the Same; Commission Determination To Review-in-Part the
Final Initial Determination; Schedule for Filing Written Submissions on
the Issues Under Review
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-in-part the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on October 26, 2017, finding no violation of section 337 of
the Tariff Act of 1930, as amended. The Commission requests certain
briefing from the parties on the issues under review, as indicated in
this notice.
FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
[[Page 2671]]
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 this investigation
on October 25, 2016, based on a complaint filed by Andrea Electronics
Corp. of Bohemia, New York (``Andrea''). 81 FR 73418 (Oct. 25, 2016).
The complaint alleges violations of section 337 by reason of
infringement of certain claims of U.S. Patent No. 6,049,607 (``the '607
patent''), U.S. Patent No. 6,363,345 (``the '345 patent''), and U.S.
Patent No. 6,377,637 (``the '637 patent''). The Commission's notice of
investigation named the following respondents: Apple Inc. of Cupertino,
California (``Apple''); and Samsung Electronics Co., Ltd. of Gyeonggi-
do, Republic of Korea, and Samsung Electronics America, Inc. of
Ridgefield Park, New Jersey (collectively, ``Samsung''). The Office of
Unfair Import Investigations (``OUII'') is also a party in this
investigation. Samsung was previously terminated from the
investigation. All asserted claims of the '607 and '637 patents were
also previously terminated from the investigation.
On October 26, 2017, the ALJ issued her final ID finding no
violation of section 337 by Apple for the '345 patent. Specifically,
the final ID found that Andrea does not have standing to assert the
'345 patent, the accused products do not infringe the '345 patent, and
Andrea has not met the domestic industry requirements.
On November 8, 2017, Andrea and OUII each filed timely petitions
for review of the final ID. That same day, Apple filed a contingent
petition for review of the final ID. On November 16, 2017, the parties
each filed a timely response to the petitions for review. On November
27, 2017, the private parties filed their public interest comments
pursuant to Commission Rule 210.50. No public interest comments were
received from the public.
Having examined the record of this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review-in-part the final ID.
Specifically, the Commission has determined to review the ID's findings
on (1) standing, (2) infringement, (3) invalidity, (4) inequitable
conduct, and (5) domestic industry.
The parties are invited to brief their responses to the following
question only, with reference to the applicable law and the evidentiary
record.
1. Is a determination on whether a licensee is subject to an
exclusive license necessary to reach the ``all substantial rights''
analysis? Are the factors set forth in Azure Networks, LLC v. CSR
PLC, 771 F.3d 1336 (Fed. Cir. 2014), judgment vacated on other
grounds, CSR PLC et.al. v. Azure Networks, 135 S. Ct. 1846, 2015 W1
582818 (Apr. 20, 2015), relevant to the question of standing raised
in this investigation?
The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings. At this time,
the Commission is not requesting written submissions on remedy, public
interest, or bonding.
Written Submissions: Each party's written submission responding to
the above questions and any response to the initial submissions should
be no more than 20 pages. The written submissions must be filed no
later than close of business on Wednesday, January 24, 2018. Reply
submissions must be filed no later than the close of business on
Wednesday, January 31, 2018. No further submissions on these issues
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 8
true paper copies to the Office of the Secretary by noon the next day
pursuant to Commission Rule 210.4(f), 19 CFR 210.4(f). Submissions
should refer to the investigation number (``Inv. No. 1026'') in a
prominent place on the cover page and/or the first page. (See Handbook
for Electronic Filing Procedures,https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.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 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, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All non-confidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
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: January 11, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-00736 Filed 1-17-18; 8:45 am]
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