[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31550-31551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11245]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1172]
Certain Filament Light-Emitting Diodes and Products Containing
Same Notice of a Commission Determination Not To Review Two Initial
Determinations Terminating the Investigation Based Upon Withdrawal of
the Complaint; 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 (``Commission'') has determined not to review two initial
determinations (``IDs'') (Order Nos. 23 and 24) of the presiding
administrative law judge (``ALJ''), which terminated the investigation
as to certain respondents based upon withdrawal of the complaint (Order
No. 23), and terminated the investigation in its entirety based upon
withdrawal of the complaint (Order No. 24). The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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 September 4, 2019, based on a complaint filed by The Regents of the
University of California, of Oakland, California (``the University of
California''). 84 FR 46564, 46564 (Sept. 4, 2019). 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, in the
sale for importation, or the sale within the United States after
importation of certain filament light-emitting diodes and products
containing same, by reason of the infringement of certain claims of
U.S. Patent Nos. 7,781,789; 9,240,529; 9,859,464; and 10,217,916. Id.
The complaint further alleges that a domestic industry exists. Id. The
notice of investigation names as respondents Amazon.com, Inc. and
Amazon.com Services, Inc., both of Seattle, Washington (collectively,
``Amazon''); Bed Bath and Beyond Inc. of Union, New Jersey (``Bed Bath
and Beyond''); IKEA of Sweden AB of Almhult, Sweden; IKEA Supply AG of
Pratteln, Switzerland, as well as IKEA Distribution Services Inc. and
IKEA North America Services, LLC, both of Conshohocken, Pennsylvania
(collectively, ``IKEA''); Target Corporation of Minneapolis, Minnesota
(``Target''); and Walmart Inc. of Bentonville, Arkansas (``Walmart'').
Id. The Office of Unfair Import Investigations was also named as a
party. Id. The investigation has previously terminated as to Bed Bath
and Beyond on the basis of settlement, Order No. 10 (Jan. 27, 2020),
not reviewed, Notice (Feb. 25, 2020), and as to certain patent claims
based on withdrawal of the complaint, Order No. 11 (Jan. 27, 2020), not
reviewed, Notice (Feb. 25, 2020); Order No. 7 (Dec. 2, 2019), not
reviewed, Notice (Dec. 20, 2019).
On February 28, 2020, the University of California moved to
terminate the investigation as to Amazon, Target, and Walmart based
upon withdrawal of the complaint. See 19 CFR 210.21(a). After resolving
certain objections by the Commission investigative attorney, Amazon and
IKEA, see Order No. 23 at 1-4, on April 27, 2020, the ALJ granted the
motion as an ID (Order No. 23). Order No. 23 finds that the motion
complies with Commission rules, id. at 4, and that there are no
extraordinary circumstances for denying the motion, id. at 5.
On April 14, 2020, the University of California moved to terminate
the investigation in its entirety based upon withdrawal of the
complaint. See 19 CFR 210.21(a). On April 14, 2020, the Commission
investigative attorney filed a response in support of the motion. No
other responses were filed. On April 29, 2020, the ALJ granted the
motion as an ID (Order No. 24). Order No. 24 finds that the motion
complies with Commission rules and that there are no extraordinary
circumstances for denying the motion. Order No. 24 at 3.
[[Page 31551]]
No petitions for review of Order No. 23 or Order No. 24 were filed.
The Commission has determined not to review the subject IDs.
The investigation is hereby terminated in its entirety.
The Commission vote for these determinations took place on May 20,
2020.
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: May 20, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-11245 Filed 5-22-20; 8:45 am]
BILLING CODE 7020-02-P