[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Page 85663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28673]



[[Page 85663]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1218]


Notice of a Commission Determination Not To Review an Initial 
Determination Granting Leave To Amend the Complaint and Notice of 
Investigation; Certain Variable Speed Wind Turbine Generators and 
Components Thereof

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the International Trade Commission 
(``Commission'') has determined not to review an initial determination 
(``ID'') (Order No. 10) of the presiding administrative law judge 
(``ALJ''), granting leave to amend the complaint and notice of 
investigation.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 
<a href="/cdn-cgi/l/email-protection#7c3938352f4f3419100c3c090f15081f521b130a"><span class="__cf_email__" data-cfemail="5d1819140e6e1538312d1d282e34293e733a322b">[email protected]</span></a>. 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 8, 2020. 85 FR 55492-93 (Sep. 8, 2020). The complaint, as 
supplemented, was filed by General Electric Company (``GE'') and 
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, the 
sale for importation, or the sale within the United States after 
importation of certain variable speed wind turbine generators and 
components thereof by reason of infringement of certain claims of 
United States Patent Nos. 6,921,985 (``the '985 patent'') and 7,629,705 
(``the '705 patent''). Id. at 55492. The complaint further alleges that 
a domestic industry exists. Id. The Commission's notice of 
investigation named Siemens Gamesa Renewable Energy Inc. of Orlando, 
Florida; Siemens Gamesa Renewable Energy A/S of Brande, Denmark; and 
Gamesa Electric, S.A.U. of Zamudio, Spain (collectively ``SGRE''). Id. 
at 55493. The Office of Unfair Import Investigations is not 
participating in this investigation. Id.
    On November 13, 2020, GE moved for leave to amend the complaint and 
notice of investigation to add independent claim 15 and dependent 
claims 16 and 21-24 to the asserted claims of the '985 patent and 
dependent claim 2 for the '705 patent. On November 25, 2020, SGRE filed 
a brief opposing the motion.
    On December 2, 2020, the presiding administrative law judge 
(``ALJ'') issued the subject ID granting the motion and allowing GE 
leave to amend the complaint and notice of investigation to add the 
requested claims. The ALJ reached that conclusion by finding that the 
record supported the conclusion that GE did not obtain information 
supporting allegations of infringement as to the additional claims 
until after it filed the complaint in this investigation. The ALJ also 
found that granting the motion would not prejudice the parties' rights 
in the investigation because the additional claims would not expand the 
scope of accused products at issue in the investigation, and adequate 
time remains in fact discovery, scheduled to close on March 5, 2021. No 
petitions for review of the ID were received.
    The Commission vote for this determination took place on December 
18, 2020. The following claims have been added to the investigation: 
claims 15-16 and 21-24 of the '985 patent and claim 2 of the '705 
patent.
    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: December 21, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-28673 Filed 12-28-20; 8:45 am]
BILLING CODE 7020-02-P


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