Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same; Commission's Determination To Grant Complainant's Motion To Withdraw the Complaint and Deny Complainant's Motion for Vacatur; Termination of the Investigation |
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Lisa R. Barton
International Trade Commission
25 September 2017
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44654-44655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20370]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1052]
Certain Thermoplastic-Encapsulated Electric Motors, Components
Thereof, and Products and Vehicles Containing Same; Commission's
Determination To Grant Complainant's Motion To Withdraw the Complaint
and Deny Complainant's Motion for Vacatur; Termination of the
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 to grant Complainant's motion to withdraw the
complaint and terminates the investigation. As a result of the
Commission's determination, Order No. 7 is moot. Complainant's motion
to vacate Order No. 7 is denied.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436, telephone (202) 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 May 3, 2017, based on a complaint filed on behalf of Intellectual
Ventures II LLC (``Complainant'') of Bellevue, Washington. 82 FR 20633
(May 3, 2017). The complaint alleges violations of section 337 based
upon the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain
thermoplastic-encapsulated electric motors, components thereof, and
products and vehicles containing the same by reason of infringement of
certain claims of U.S. Patent No. 7,154,200; U.S. Patent No. 7,067,944;
[[Page 44655]]
U.S. Patent No. 7,067,952; U.S. Patent No. 7,683,509; and U.S. Patent
No. 7,928,348. The complaint named as respondents Aisin Seiki Co., Ltd.
of Aichi, Japan; Aisin Holdings of America, Inc. of Seymour, Indiana;
Aisin Technical Center of America, Inc. of Northville, Michigan;
Bayerische Motoren Werke AG of Munich, Germany; BMW of North America,
LLC of Woodcliff Lake, New Jersey; BMW Manufacturing Co., LLC of Greer,
South Carolina; Denso Corporation of Aichi, Japan; Denso International
America, Inc. of Southfield, Michigan; Honda Motor Co., Ltd. of Tokyo,
Japan; Honda North America, Inc. of Torrance, California; American
Honda Motor Co., Inc. of Torrance, California; Honda of America Mfg.,
Inc. of Marysville, Ohio; Honda Manufacturing of Alabama, LLC of
Lincoln, Alabama; Honda R&D Americas, Inc. of Torrance, California;
Mitsuba Corporation of Gunma, Japan; American Mitsuba Corporation of
Mount Pleasant, Michigan; Nidec Corporation of Kyoto, Japan; Nidec
Automotive Motor Americas, LLC of Auburn Hills, Michigan; Toyota Motor
Corporation of Aichi, Japan; Toyota Motor North America, Inc. of New
York, New York; Toyota Motor Sales, U.S.A., Inc. of Torrance,
California; Toyota Motor Engineering & Manufacturing North America,
Inc. of Erlanger, Kentucky; Toyota Motor Manufacturing, Indiana, Inc.
of Princeton, Indiana; and Toyota Motor Manufacturing, Kentucky, Inc.
of Georgetown, Kentucky (collectively, ``Respondents''). The Office of
Unfair Import Investigations (``OUII'') is participating in the
investigation.
On June 20, 2017, Respondents filed a motion to terminate the
investigation on the ground that Complainant lacked standing to sue. On
August 3, 2017, the ALJ issued an ID (Order No. 7) granting
Respondents' motion. Specifically, the ALJ found that the Complainant
does not own the asserted patents and that the Commission does not have
the authority to remedy a standing defect. Order No. 7. No petitions
for review were filed. On August 22, 2017, the Commission determined to
extend the deadline for determining whether to review this ID until
September 29, 2017. Notice of the Commission's Determination to Extend
the Date for Determining Whether to Review an Initial Determination
Terminating the Investigation Based on Lack of Standing (Aug. 22,
2017).
On August 15, 2017, Complainant filed a motion with the Commission
to withdraw the complaint and vacate Order No. 7. Motion at 1. On
August 25, 2017, Respondents and OUII each filed responses supporting
withdrawal of the complaint but opposing Complainant's motion to vacate
Order No. 7.
The Commission has determined to grant Complainant's motion to
withdraw the complaint, and hereby terminates the investigation. As a
result of the Commission's determination, Order No. 7 is moot. The
Commission denies Complainant's motion to vacate Order No. 7.
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: September 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-20370 Filed 9-22-17; 8:45 am]
BILLING CODE 7020-02-P