71602 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, based upon 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain semiconductor 

devices having layered dummy fill, 

electronic devices, and components 

thereof by reason of infringement of 

certain claims of U.S. Patent No. 

7,396,760. The notice of investigation 

named fifteen respondents. Id. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) was also named as a party to 

the investigation. Id. 

Twelve of the named respondents 

have been terminated from the 

investigation. Order No. 12 (Jan. 11, 

2023), unreviewed by Comm’n Notice 

(Feb. 8, 2023), Order No. 20 (Mar. 14, 

2023), unreviewed by Comm’n Notice 

(Apr. 3, 2023), and Order No. 21 (Mar. 

28, 2023) unreviewed by Comm’n Notice 

(Apr. 21, 2023). The three remaining 

respondents are Omnivision 

Technologies, Inc., Skyworks Solutions, 

Inc., and Arlo Technologies, Inc. (the 

‘‘Respondents’’). 

On May 8, 2023, Complainant filed a 

motion to terminate the investigation 

based on the withdrawal of its 

allegations against the three remaining 

Respondents, pursuant to an agreement 

with non-party Siemens Industry 

Software, Inc. (‘‘Siemens’’). On June 9, 

2023, the presiding CALJ issued Order 

No. 23 granting the motion to terminate 

the investigation. 

On July 11, 2023, the Commission 

determined to review Order No. 23, and 

on review, vacated the termination of 

the investigation and remanded the 

investigation for further proceedings, 

because Complainant did not comply 

with Commission Rule 210.21(a)(1), 

which requires filing a copy of ‘‘any 

agreements concerning the subject 

matter of the investigation.’’ 19 CFR 

210.21(a)(1). 

On September 1, 2023, Complainant 

filed a renewed motion to terminate the 

investigation based on the withdrawal 

of its allegations against the three 

remaining Respondents, attaching a 

copy of its agreement with non-party 

Siemens. On September 13, 2023, OUII 

filed a response in support of the 

renewed motion. No other responses 

were filed. 

On September 14, 2023, the presiding 

CALJ issued the subject ID granting the 

renewed motion to terminate the 

investigation and finding that 

Complainant complied with the 

requirements of Commission Rule 

210.21(a)(1). No petitions for review of 

the ID were filed. 

The Commission has determined not 

to review the subject ID. The 

investigation is hereby terminated in its 

entirety. 

The Commission vote for this 

determination took place on October 11, 

2023. 

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: October 12, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–22872 Filed 10–16–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1357] 

Certain Electronic Anti-Theft Shopping 

Cart Wheels, Components Thereof and 

Systems Containing the Same; Notice 

of Commission Decision Not To 

Review an Initial Determination 

Terminating the Investigation Based 

on Settlement; Termination of the 

Investigation 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 13) of the presiding 

Administrative Law Judge (‘‘ALJ’’) 

terminating the investigation in its 

entirety based on settlement. The 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. 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 on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: On April 

11, 2023, the Commission instituted this 

investigation under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’), based on a 

complaint filed by Gatekeeper Systems, 

Inc. of Foothill Ranch, California 

(‘‘Complainant’’). See 88 FR 21711–12 

(Apr. 11, 2023). The complaint alleges a 

violation 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 electronic anti-theft shopping 

cart wheels, components thereof, and 

systems containing the same by reason 

of the infringement of certain claims of 

U.S. Patent Nos. 8,463,540; 9,091,551; 

9,637,151; 11,230,313; and 11,358,621. 

See id. The notice of investigation 

names the following respondents: 

Rocateq International B.V. of 

Barendrecht, The Netherlands; Rocateq 

USA, LLC of San Fernando, California; 

and Zhuhai Rocateq Technology 

Company Ltd. of Zhuhai, China 

(collectively, ‘‘Respondents’’). See id. 

The Office of Unfair Import 

Investigations is not a party to the 

investigation. See id. 

On September 15, 2023, Complainant 

and Respondents jointly moved to 

terminate the investigation in its 

entirety based on settlement. 

On September 18, 2023, the ALJ 

issued the subject ID (Order No. 13) 

granting the motion. The ID finds that 

the motion complies with Commission 

Rules 210.21(a) and (b), 19 CFR 

210.21(a), (b). See ID at 2. Specifically, 

the ID notes that the joint motion 

includes confidential and public copies 

of the settlement agreement. See id. In 

addition, the motion states that ‘‘there 

are no other agreements, written or oral, 

express or implied, between [the 

parties] concerning the subject matter of 

this Investigation.’’ See id. Furthermore, 

in accordance with Commission Rule 

210.50(b)(2), 19 CFR 210.50(b)(2), the ID 

finds no adverse impact on the public 

interest. See id. Rather, the ID notes that 

‘‘the public interest generally favors 

settlement to avoid needless litigation 

and to conserve public resources.’’ Id. 

No petition for review of the subject 

ID was filed. 

The Commission has determined not 

to review the subject ID. The 

investigation is terminated. 

The Commission’s vote for this 

determination took place on October 12, 

2023. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices 71603 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: October 12, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–22891 Filed 10–16–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1265 

(Enforcement Proceeding)] 

Certain Fitness Devices, Streaming 

Components Thereof, and Systems 

Containing Same; Notice of Institution 

of an Enforcement Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has instituted an 

enforcement proceeding relating to the 

remedial orders issued on March 8, 

2023, in the above-referenced 

investigation. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Chen, Esq., Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2392. 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 on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted the original 

investigation on May 19, 2021, based on 

a complaint filed on behalf of DISH DBS 

Corporation of Englewood, Colorado; 

DISH Technologies L.L.C., of 

Englewood, Colorado; and Sling TV 

L.L.C., of Englewood, Colorado 

(collectively, ‘‘DISH’’). 86 FR 27106–07 

(May 19, 2021). The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1337 

(‘‘section 337’’), in the importation into 

the United States, the sale for 

importation, or the sale within the 

United States after importation of 

certain fitness devices, streaming 

components thereof, and systems 

containing same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 9,407,564 (‘‘the ’564 

patent’’); 10,951,680 (‘‘the ’680 patent’’); 

10,469,554 (‘‘the ’554 patent’’); 

10,469,555 (‘‘the ’555 patent’’); and 

10,757,156 (‘‘the ’156 patent’’). Id. at 

27106. The notice of investigation 

named, among others, ICON Health & 

Fitness, Inc.; FreeMotion Fitness, Inc.; 

and NordicTrack, Inc., all of Logan, 

Utah (collectively, ‘‘iFIT Respondents’’) 

as respondents. Id. The Commission’s 

Office of Unfair Import Investigations 

(‘‘OUII’’) also was named as a party in 

this investigation. Id. 

Prior to the issuance of the final 

initial determination (‘‘ID’’) in the 

original investigation, the notice of 

investigation was amended to change 

the name of ICON Health & Fitness, Inc. 

to iFIT Inc. Order No. 14 (Nov. 4, 2021), 

unreviewed by Comm’n Notice (Dec. 6, 

2021), 86 FR 70532 (Dec. 10, 2021). The 

investigation was also terminated in 

part as to all asserted claims of the ’680 

patent and certain claims of the other 

asserted patents. Order No. 15 (Nov. 19, 

2021), unreviewed by Comm’n Notice 

(Dec. 20, 2021); Order No. 21 (Mar. 3, 

2022), unreviewed by Comm’n Notice 

(Mar. 23, 2022). 

On September 9, 2022, the Chief 

Administrative Law Judge (‘‘CALJ’’) 

issued the final ID in the original 

investigation, which finds that the iFIT 

Respondents, among others, violated 

section 337. On November 18, 2022, the 

Commission determined to review the 

final ID in part. See Comm’n Notice 

(Nov. 18, 2022), 87 FR 72510, 72510–12 

(Nov. 25, 2022). 

On March 8, 2023, the Commission 

affirmed with certain modifications the 

final ID’s findings that there was a 

violation of section 337 by the iFIT 

Respondents as to claims 16, 17, and 20 

of the ’554 patent; claims 10, 11, 14, and 

15 of the ’555 patent; and claims 1 and 

4 of the ’156 patent, and reversed the 

final ID’s finding of a violation as to the 

’564 patent. See Comm’n Notice (Mar. 8, 

2023); Comm’n Op. (Mar. 23, 2023) 

(Public Version). The Commission 

determined that the appropriate form of 

relief was a limited exclusion order 

(‘‘LEO’’) and cease and desist orders 

(‘‘CDOs’’) against the iFIT Respondents, 

among others. Comm’n Notice (Mar. 8, 

2023), 88 FR 15736–38 (Mar. 14, 2023). 

On May 5, 2023, the Commission 

modified the remedial orders. Comm’n 

Notice (May 5, 2023), 88 FR 30158–160 

(May 10, 2023). 

On September 11, 2023, DISH filed a 

complaint requesting that the 

Commission institute an enforcement 

proceeding under Commission Rule 

210.75, 19 CFR 210.75, to investigate 

alleged violations of the LEO and CDOs 

by the iFIT Respondents as to claims 16, 

17, and 20 of the ’554 patent and claims 

10, 11, 14, and 15 of the ’555 patent. 

Having examined the enforcement 

complaint and the supporting 

documents, the Commission has 

determined to institute an enforcement 

proceeding, pursuant to Commission 

Rule 210.75(a), 19 CFR 210.75(a), to 

determine whether a violation of the 

LEO and CDOs issued on March 8, 2023, 

in the original investigation has 

occurred and to determine what, if any, 

enforcement measures are appropriate. 

The named respondents are the iFIT 

Respondents. OUII is also named as a 

party. 

The Commission vote for this 

determination took place on October 11, 

2023. 

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. 

Dated: October 11, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–22793 Filed 10–16–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

Certain Mobile Phones, Components 

Thereof, and Products Containing Same, 

DN 3698; the Commission is soliciting 

comments on any public interest issues 

raised by the complaint or 

complainant’s filing pursuant to the 

Commission’s Rules of Practice and 

Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 


lotter on DSK11XQN23PROD with NOTICES1