Certain Capacitive Touch Sensing Systems, Capacitive Touch Sensing Controllers, Microcontrollers With Capacitive Touch Sensing Functionality, and Components Thereof; Institution of Investigation
| Published date | 29 June 2021 |
| Citation | 86 FR 34277 |
| Record Number | 2021-13789 |
| Section | Notices |
| Court | International Trade Commission |
34277
Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices
TEXAS
Harris County
Hollyfield Laundry and Cleaners, 1731
Westheimer Rd., Houston, SG100006770
Nomination submitted by Federal
Preservation Officer:
The State Historic Preservation
Officer reviewed the following
nomination and responded to the
Federal Preservation Officer within 45
days of receipt of the nomination and
supports listing the property in the
National Register of Historic Places.
MISSOURI
Jackson County
Federal Office Building, 601 East 12th St.,
Kansas City, SG100006773
Authority: Section 60.13 of 36 CFR part
60.
Dated: June 23, 2021.
Sherry A. Frear,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
[FR Doc. 2021–13825 Filed 6–28–21; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1268]
Certain Capacitive Touch Sensing
Systems, Capacitive Touch Sensing
Controllers, Microcontrollers With
Capacitive Touch Sensing
Functionality, and Components
Thereof; Institution of Investigation
AGENCY
: U.S. International Trade
Commission.
ACTION
: Notice.
SUMMARY
: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on May
24, 2021, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Neodron Ltd. of Ireland. The complaint
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and/or
the sale within the United States after
importation of certain capacitive touch
sensing systems, capacitive touch
sensing controllers, and
microcontrollers with capacitive touch
sensing functionality, and components
thereof by reason of infringement of
certain claims of U.S. Patent No.
8,432,173 (‘‘the ’173 patent’’); U.S.
Patent No. 8,749,251 (‘‘the ’251 patent’’);
U.S. Patent No. 9,372,580 (‘‘the ’580
patent’’); and U.S. Patent No. 9,024,790
(‘‘the ’790 patent’’). The complaint
further alleges that an industry in the
United States exists as required by the
applicable Federal Statute. The
complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES
: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT
:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION
:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
June 23, 2021, Ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims
1–19 of the ’173 patent; claims 1–20 of
the ’251 patent; claims 1, 2, 4–6, 8–10,
and 12 of the ’580 patent; and claims 1,
4–8, 10–14, and 16–24 of the ’790
patent, and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘capacitive touch
sensing systems, capacitive touch
sensing controllers, microcontrollers
with capacitive touch sensing
functionality and components thereof’’;
(3) Pursuant to Commission Rule
210.50(b)(l), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties or other
interested persons with respect to the
public interest in this investigation, as
appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue, which shall be limited to the
statutory public interest factors set forth
in 19 U.S.C. l337(d)(l), (f)(1), (g)(1);
(4) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Neodron Ltd.,
Unit 4–5, Burton Hall Road, Sandyford,
Dublin 18, D18A094, Ireland.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
STMicroelectronics N.V., 39 Chemin du
Champ-des-Filles, Plan-Les-Ouates,
Geneva, CH 1228, Switzerland
STMicroelectronics, Inc., 39 Chemin du
Champ-des-Filles, Plan-Les-Ouates,
Geneva, CH 1228, Switzerland
STMicroelectronics (North America),
Holding, Inc., 39 Chemin du Champ-
des-Filles, Plan-Les-Ouates, Geneva,
CH 1228, Switzerland
Cypress Semiconductor Corp., 198
Champion Court, San Jose, California
95134
Renesas Electronics Corp., Toyosu
Foresia, 3–2–24 Toyosu, Koto-ku,
Tokyo 135–0061, Japan
Renesas Electronics America Inc., 1001
Murphy Ranch Road, Milpitas, CA
95035
Renesas Technology America, Inc., 1001
Murphy Ranch Road, Milpitas, CA
95035
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(5) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
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34278
Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Notices
considered by the Commission if
received not later than 20 days after the
date of service of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: June 23, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–13789 Filed 6–28–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1175]
Certain Bone Cements and Bone
Cement Accessories; Notice of
Commission Determination Finding No
Violation of Section 337; Termination
of the Investigation
AGENCY
: U.S. International Trade
Commission.
ACTION
: Notice.
SUMMARY
: Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to affirm a final initial
determination (‘‘FID’’) issued by the
presiding administrative law judge
(‘‘ALJ’’) finding that no violation of
section 337 has occurred. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT
:
Lynde Herzbach, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3228. 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
EDIS3Help@usitc.gov. 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, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION
: On
September 23, 2019, the Commission
instituted this investigation based on a
complaint filed on behalf of Zimmer,
Inc. and Zimmer US, Inc. both of
Warsaw, Indiana (collectively,
‘‘Complainants’’). 84 FR 49764 (Sept.
23, 2019). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), based on the
importation or the sale within the
United States of certain bone cements
and bone cement accessories by reason
of the misappropriation of trade secrets,
false advertising, and tortious
interference, the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
The complaint also alleges the existence
of a domestic industry. The
Commission’s notice of investigation
names the following as respondents:
Heraeus Medical GmbH of Wehrheim,
Germany and Heraeus Medical LLC of
Yardley, Pennsylvania (collectively,
‘‘Respondents’’). Id. The Office of Unfair
Import Investigations (‘‘OUII’’) is named
as a party in this investigation. Id.
On February 11, 2021, the ALJ issued
the FID finding no violation of section
337. More particularly, the FID finds,
inter alia, that: (1) The Commission has
subject matter and personal jurisdiction;
(2) Respondents imported or sold within
the United States accused bone cements
and bone cement accessories; (3) a
domestic industry exists under section
337(a)(1)(A)(i) (19 U.S.C.
1337(a)(1)(A)(i)); (4) Complainants own
the asserted trade secrets; (5) trade
secrets (‘‘TS’’) 10, 15, and 28 are
protectable, but TS 11 is not protectable;
(6) Respondents did not misappropriate
any asserted TS; (7) Respondents did
not engage in false advertising; (8)
Respondents did not tortiously interfere
with Complainants’ contracts or
prospective business relationships; and
(9) Complainants failed to show a
substantial injury or threat of injury to
their domestic industry.
On February 23, 2021, Complainants
filed a petition for review seeking
review of most of the FID’s findings. On
March 3, 2021, Respondents and OUII
filed responses to Complainants’
petition.
On March 15, 2021, Respondents filed
a submission on the public interest
pursuant to Commission Rule
210.50(a)(4) (19 CFR 210.50(a)(4)).
Complainants and OUII did not file a
statement on the public interest. The
Commission received no submissions in
response to its Federal Register notice
calling for public interest comments.
See 86 FR 12029–30 (Mar. 1, 2021).
On April 12, 2021, the Commission
determined to review the FID in part
and requested briefing from the parties
on certain issues under review. 86 FR
20200–02 (Apr. 16, 2021). Specifically,
the Commission determined to review
the FID’s findings and conclusions as to:
(1) The alleged misappropriation of TS
10, 15, and 28, including the finding
that Respondents independently
developed their own data compilation;
(2) Respondents’ alleged tortious
interference with Complainants’
prospective business advantages; and (3)
domestic industry and injury. Id. The
Commission also sought briefing from
the parties, interested government
agencies, and any other interested
parties on remedy, bonding, and the
public interest.
Having examined the record of this
investigation, including the FID,
Complainants’ petition for review, the
responses thereto, and the written
submissions in response to the
Commission’s request for briefing, the
Commission finds that no violation of
section 337 has occurred. Specifically,
the Commission affirms, with modified
reasoning, the FID’s findings that
Respondents did not misappropriate
any trade secret, did not engage in false
advertising, and did not tortiously
interfere with Complainants’
prospective business relationships. The
Commission has also determined to take
no position regarding the FID’s domestic
industry and injury findings. The
investigation is hereby terminated.
The Commission vote for this
determination took place on June 23,
2021.
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 23, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–13791 Filed 6–28–21; 8:45 am]
BILLING CODE 7020–02–P
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