42010 Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices

The complaint alleges violations of section 337 in the importation into the deemed to constitute a waiver of the section 337 based upon the importation United States, the sale for importation, right to appear and contest the into the United States, the sale for or the sale within the United States after allegations of the complaint and this importation, and the sale within the importation of certain products notice, and to authorize the United States after importation of identified in paragraph (2) by reason of administrative law judge and the certain mobile devices with infringement of one or more of claims 1 Commission, without further notice to multifunction emulators by reason of and 5–8 of the ’153 patent; claims 1–20 the respondent, to find the facts to be as infringement of certain claims of U.S. of the ’100 patent; claims 1–7, 9–13, 19, alleged in the complaint and this notice Patent No. 8,827,153 (‘‘the ’153 patent’’); 21, and 22 of the ’631 patent; and claims and to enter an initial determination U.S. Patent No. 10,032,100 (‘‘the ’100 1–16 of the ’545 patent, and whether an and a final determination containing patent’’); U.S. Patent No. 10,223,631 industry in the United States exists or such findings, and may result in the (‘‘the ’631 patent’’); and U.S. Patent No. is in the process of being established as issuance of an exclusion order or a cease 10,255,545 (‘‘the ’545 patent’’). The required by subsection (a)(2) of section and desist order or both directed against complaint further alleges that an 337; the respondent. industry in the United States exists or (2) Pursuant to section 210.10(b)(1) of By order of the Commission. is in the process of being established as the Commission’s Rules of Practice and Issued: August 12, 2019. required by the applicable Federal Procedure, 19 CFR 210.10(b)(1), the Lisa Barton, Statute. plain language description of the The complainant requests that the accused products or category of accused Secretary to the Commission. Commission institute an investigation products, which defines the scope of the [FR Doc. 2019–17600 Filed 8–15–19; 8:45 am] and, after the investigation, issue a investigation, is ‘‘mobile phones and BILLING CODE 7020–02–P limited exclusion order and cease and smartwatches;’’ desist orders. (3) For the purpose of the INTERNATIONAL TRADE ADDRESSES: investigation so instituted, the following The complaint, except for COMMISSION any confidential information contained are hereby named as parties upon which therein, is available for inspection this notice of investigation shall be [Investigation No. 337–TA–1012] during official business hours (8:45 a.m. served: to 5:15 p.m.) in the Office of the (a) The complainant is: Dynamics Certain Magnetic Data Storage Tapes Secretary, U.S. International Trade Inc., 492 Nixon Road, Cheswick, PA and Cartridges Containing the Same Commission, 500 E Street SW, Room 15024. Notice of Commission Determination 112, Washington, DC 20436, telephone (b) The respondents are the following To Rescind Remedial Orders; (202) 205–2000. Hearing impaired entities alleged to be in violation of Termination of Enforcement individuals are advised that information section 337, and are the parties upon Proceeding on this matter can be obtained by which the complaint is to be served: AGENCY: U.S. International Trade contacting the Commission’s TDD Samsung Electronics Co., Ltd, 129, Commission. terminal on (202) 205–1810. Persons Samseong-Ro, Yoeongtong-Gu, ACTION: Notice. with mobility impairments who will Suwon, Gyeonggi 16677, Republic of need special assistance in gaining access Korea SUMMARY: Notice is hereby given that to the Commission should contact the Samsung Electronics America, Inc., 85 the U.S. International Trade Office of the Secretary at (202) 205– Challenger Road, Ridgefield Park, NJ Commission (‘‘Commission’’) has 2000. General information concerning 07660–2118 determined to rescind the limited the Commission may also be obtained (4) For the investigation so instituted, exclusion order and cease and desist by accessing its internet server at the Chief Administrative Law Judge, orders issued in the above-captioned https://www.usitc.gov. The public U.S. International Trade Commission, investigation and to terminate the record for this investigation may be shall designate the presiding enforcement proceeding. viewed on the Commission’s electronic Administrative Law Judge. FOR FURTHER INFORMATION CONTACT: Ron docket (EDIS) at https://edis.usitc.gov. The Office of Unfair Import Traud, Office of the General Counsel, FOR FURTHER INFORMATION CONTACT: Investigations will not participate as a U.S. International Trade Commission, Katherine Hiner, Office of Docket party in this investigation. 500 E Street SW, Washington, DC Services, U.S. International Trade Responses to the complaint and the 20436, telephone (202) 205–3427. Commission, telephone (202) 205–1802. notice of investigation must be Copies of non-confidential documents SUPPLEMENTARY INFORMATION: submitted by the named respondents in filed in connection with this Authority: The authority for accordance with section 210.13 of the investigation are or will be available for institution of this investigation is Commission’s Rules of Practice and inspection during official business contained in section 337 of the Tariff Procedure, 19 CFR 210.13. Pursuant to hours (8:45 a.m. to 5:15 p.m.) in the Act of 1930, as amended, 19 U.S.C. 19 CFR 201.16(e) and 210.13(a), such Office of the Secretary, U.S. 1337, and in section 210.10 of the responses will be considered by the International Trade Commission, 500 E Commission’s Rules of Practice and Commission if received not later than 20 Street SW, Washington, DC 20436, Procedure, 19 CFR 210.10 (2018). days after the date of service by the telephone (202) 205–2000. General Scope of Investigation: Having Commission of the complaint and the information concerning the Commission considered the complaint, the U.S. notice of investigation. Extensions of may also be obtained by accessing its International Trade Commission, on time for submitting responses to the internet server at https://www.usitc.gov. August 8, 2019, ordered that— complaint and the notice of The public record for this investigation (1) Pursuant to subsection (b) of investigation will not be granted unless may be viewed on the Commission’s section 337 of the Tariff Act of 1930, as good cause therefor is shown. electronic docket (EDIS) at https:// amended, an investigation be instituted Failure of a respondent to file a timely edis.usitc.gov. Hearing-impaired to determine whether there is a response to each allegation in the persons are advised that information on violation of subsection (a)(1)(B) of complaint and in this notice may be this matter can be obtained by

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contacting the Commission’s TDD Commission instituted the modification DEPARTMENT OF JUSTICE terminal on (202) 205–1810. proceeding on August 23, 2018, and SUPPLEMENTARY INFORMATION: The consolidated it with the enforcement Antitrust Division Commission instituted the original proceeding. Id. The Commission, investigation on July 1, 2016, based on however, subsequently terminated the Notice Pursuant to the National a complaint filed by Fujifilm modification proceeding that had been Cooperative Research and Production Corporation of Tokyo, Japan and consolidated with the enforcement Act of 1993—The Open Group, L.L.C. Fujifilm Recording Media U.S.A., Inc. of proceeding on a motion filed by the Notice is hereby given that, on August Bedford, Massachusetts (collectively, Sony Respondents. 83 FR 58594 (Nov. 6, 2019, pursuant to Section 6(a) of the ‘‘Fujifilm’’). 81 FR 43243 (July 1, 2016). 20, 2018). The complaint alleged violations of 19 National Cooperative Research and On July 3, 2019, the presiding U.S.C. 1337, as amended (‘‘Section Production Act of 1993, 15 U.S.C. 4301 administrative law judge (‘‘ALJ’’) issued 337’’), through the importation into the et seq. (‘‘the Act’’), The Open Group, United States, sale for importation, or an initial determination in the L.L.C. (‘‘TOG’’) has filed written sale within the United States after enforcement proceeding (‘‘EID’’), notifications simultaneously with the importation of certain magnetic data finding that the Sony Respondents Attorney General and the Federal Trade storage tapes and tape cartridges violated the cease and desist orders and Commission disclosing changes in its containing same that allegedly infringe recommending a civil penalty of membership. The notifications were certain asserted claims of U.S. Patent $210,134 as the appropriate filed for the purpose of extending the Nos. 6,641,891 (‘‘the ’891 patent’’), enforcement measure. EID at 1, 60–61. Act’s provisions limiting the recovery of 6,767,612 (‘‘the ’612 patent’’), 6,703,106 The Sony Respondents filed a petition antitrust plaintiffs to actual damages (‘‘the ’106 patent’’), 8,236,434 (‘‘the ’434 to review the EID on July 15, 2019. On under specified circumstances. Specifically, 6point6 Limited, London, patent’’), and 7,355,805 (‘‘the ’805 July 17, 2019, however, the parties filed UNITED KINGDOM; Acromag, Inc., patent’’). Id. The Commission’s notice of a joint motion for an extension of time Wixom, MI; Altran Technologies, SA, investigation named Sony Corporation to file a response to the Sony Paris, FRANCE; Baker Hughes, Houston, of Tokyo, Japan; Sony Corporation of Respondents’ petition in order to America of New York, New York; and TX; Beijing JCC Information Consulting accommodate the parties’ settlement Co., Ltd., Beijing, PEOPLE’S REPUBLIC Sony Electronics Inc. of San Diego, discussions. California (collectively, ‘‘Sony’’) as OF CHINA; Cepsa, Madrid, SPAIN; respondents. Id. The Office of Unfair On July 25, 2019, Fujifilm and the Concho Resources, Midland, TX; Import Investigations (‘‘OUII’’) was also Sony Respondents filed a joint petition Concurrent Technologies, Inc., Woburn, named as a party to the investigation. to rescind the remedial orders and a MA; Dubai Customs, Dubai, UNITED On March 14, 2018, the Commission joint motion to terminate the ARAB EMIRATES; Dynamic Graphics, determined that a violation of Section enforcement proceeding due to their Inc., Alameda, CA; EPAM Systems, Inc., 337 occurred with respect to the ’891 settlement agreement and patent cross- Newton, PA; FEI-Elcom Tech, Inc., patent but not the ’612, ’106, ’434, or license. See 19 U.S.C. 1337(k); 19 CFR Northvale, NJ; Flare Solutions Limited, ’805 patents. 83 FR 11245 (March 14, 210.21(b), 210.76(a). On August 1, 2019, Portsmouth, UNITED KINGDOM; 2018). The Commission issued a limited OUII filed a response in support of the GamingWorks BV, Bodegraven, THE exclusion order and cease and desist parties’ joint petition to rescind the NETHERLANDS; Geophysical Insights, orders against the Sony respondents, but remedial orders and their joint motion Houston, TX; ikon Science Limited, exempted magnetic data storage tapes to terminate the enforcement London, UNITED KINGDOM; Interica and tape cartridges that are imported or proceeding. Ltd., Lewes, UNITED KINGDOM; Larsen used for the purpose of fulfilling Sony’s & Toubro Infotech Ltd., Edison, NJ; The Commission, having reviewed the warranty, service, repair, or compliance Logic Solutions Group LLC, Houston, verification obligations. Id.; see also parties’ joint petition and other TX; Macro Services Solutions, Bogota, Comm’n Opinion (March 8, 2018). materials, has determined to grant the COLOMBIA; OAG Analytics, Inc., On June 13, 2018, the Commission parties’ petition and motion, rescind the Houston, TX; Oliasoft AS, Oslo, instituted an enforcement proceeding limited exclusion order and cease and NORWAY; Orion Technologies, and named the original three Sony desist orders issued in the underlying Orlando, FL; Osokey Ltd., Henley-on- entities as respondents, in addition to investigation, and terminate the Thames, UNITED KINGDOM; PGS Sony Storage Media Solutions enforcement proceeding. Geophysical AS, Oslo, NORWAY; Corporation of Tokyo, Japan; Sony The authority for the Commission’s PricewaterhouseCoopers LLP, Toronto, Storage Media Manufacturing determination is contained in Section CANADA; Quantico Energy Solutions, Corporation of Miyagi, Japan; Sony 337 of the Tariff Act of 1930, as Inc., Houston, TX; RDRTec, Inc., DADC US Inc. of Terre Haute, Indiana; amended (19 U.S.C. 1337), and in Part Roebling, NJ; Reflex Photonics Corp., and Sony Latin America Inc. of Miami, 210 of the Commission’s Rules of Bethlehem, PA; Searcher Seismic Florida (collectively, ‘‘the Sony Practice and Procedure (19 CFR part Geodata Pty Ltd., West Perth, Respondents’’). 83 FR 27626 (June 13, 210). AUSTRALIA; Security Compass, 2018). OUII was also named as a party. Ontario, CANADA; Softserve Inc., Id. By order of the Commission. Austin, TX; Stratus Technologies, Inc., While the enforcement proceeding Issued: August 13, 2019. Maynard, MA; Taipei City Government was ongoing, the Sony Respondents Lisa Barton, Department of Information Technology, filed a request for an advisory opinion Secretary to the Commission. Taipei City, TAIWAN; The University of and petition for modification of the [FR Doc. 2019–17660 Filed 8–15–19; 8:45 am] Oslo, Oslo, NORWAY; Triton Data remedial orders to clarify that certain of Services, Houston, TX; VITA, Oklahoma its redesigned tape products are outside BILLING CODE 7020–02–P City, OK; XMPro Inc., Dallas, TX; and the scope of the remedial orders. See 83 Ypto NV, Anderlecht, BELGIUM, have FR 42690 (Aug. 23, 2018). The been added as parties to this venture.

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