Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45681 

1All contract personnel will sign appropriate 

nondisclosure agreements. 

Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

When the Commission contemplates 

some form of remedy, it must consider 

the effects of that remedy upon the 

public interest. The factors the 

Commission will consider include the 

effect that an exclusion order and/or 

cease and desist orders would have on 

(1) the public health and welfare, (2) 

competitive conditions in the U.S. 

economy, (3) U.S. production of articles 

that are like or directly competitive with 

those that are subject to investigation, 

and (4) U.S. consumers. The 

Commission is therefore interested in 

receiving written submissions that 

address the aforementioned public 

interest factors in the context of this 

investigation. 

When the Commission orders some 

form of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See section 337(j), 19 U.S.C. 1337(j) and 

the Presidential Memorandum of July 

21, 2005. 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission. The 

Commission is therefore interested in 

receiving submissions concerning the 

amount of the bond that should be 

imposed if a remedy is ordered. 

Written Submissions: Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding, and 

such submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. Complainant is 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainant is also 

requested to: (1) State the dates that the 

patents at issue expire and the HTSUS 

numbers under which the accused 

articles are imported; and (2) supply a 

list of known importers of the accused 

products. Also specifically, with respect 

to the public interest, the Commission 

requests briefing on the following 

issues: 

(1) Please comment on the availability 

of similar products from suppliers other 

than Hytera or Motorola (including 

market share of these other sources) that 

can perform ‘‘mission-critical’’ two-way 

radio communication. 

(2) With respect to (1), please 

comment on whether such alternative 

suppliers also provide the same features 

that Hytera’s products provide (e.g., 

unique pseudo trunking, noise 

cancellation, ‘‘man down’’ feature, 

‘‘lone worker’’ feature) as well as 

whether Motorola’s products provide 

the same features as Hytera’s products. 

Also please address the interoperability 

of various suppliers’ products in twoway radio communication systems. 

(3) Please comment on the extent to 

which a distributor of Motorola two-way 

radio communication products must 

offer only Motorola products, or 

whether such a distributor can also offer 

two-way radio communication 

equipment and products from other 

suppliers. 

(4) Please comment on whether any 

potential exclusion order and/or cease 

and desist order should include a 

repair/service exception regarding 

service to existing Hytera two-way radio 

communications products that were 

sold prior to the effective date of any 

such order. If you advocate for such an 

exception, please address the 

appropriate parameters of such an 

exception, and provide proposed 

language. 

The written submissions and 

proposed remedial orders must be filed 

no later than September 18, 2018. Reply 

submissions must be filed no later than 

September 25, 2018. No further 

submissions on these issues will be 

permitted unless otherwise ordered by 

the Commission. In addressing the 

issues on violation, the parties are 

limited to 25 pages for the initial 

submission and 15 pages for the reply 

submission. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above and submit eight true paper 

copies to the Office of the Secretary by 

noon the next day pursuant to section 

210.4(f) of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the investigation number (‘‘Inv. No. 

337–TA–1053’’) in a prominent place on 

the cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, http://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding filing 

should contact the Secretary (202–205– 

2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary of the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. A redacted nonconfidential version of the document 

must also be filed simultaneously with 

any confidential filing. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. Appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,1 solely for cybersecurity 

purposes. All non-confidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 4, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–19499 Filed 9–7–18; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1131] 

Certain Wireless Mesh Networking 

Products and Related Components 

Thereof; Institution of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 


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45682 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

August 3, 2018, under section 337 of the 

Tariff Act of 1930, as amended, on 

behalf of SIPCO LLC of Ashburn, 

Virginia. A supplement was filed on 

August 16, 2018. 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 wireless mesh networking 

products and related components 

thereof by reason of infringement of 

certain claims of U.S. Patent No. 

6,914,893 (‘‘the ’893 patent’’); U.S. 

Patent No. 7,103,511 (‘‘the ’511 patent’’); 

U.S. Patent No. 8,964,708 (‘‘the ’708 

patent’’); and U.S. Patent No. 9,439,126 

(‘‘the ’126 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, is 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, Room 

112, Washington, DC 20436, telephone 

(202) 205–2000. 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. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

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

FOR FURTHER INFORMATION CONTACT: 

Katherine Hiner, The Office of Docket 

Services, U.S. International Trade 

Commission, telephone (202) 205–1802. 

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 (2018). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

September 4, 2018, 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 

1–4, 10, and 19–25 of the ’893 patent; 

claims 1–4, 8–11, 33–35, 44–47, and 56– 

58 of the ’511 patent; claims 1, 2, 5, 8– 

10, and 16–20 of the ’708 patent; and 

claims 1–12 of the ’126 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 ‘‘wireless mesh 

networking gateways, input/output 

cards, remote devices, transceivers, 

network managers, system-on-chip 

nodes, printed circuit boards, circuit 

components, batteries, and field 

communicator devices’’; 

(3) 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: SIPCO LLC, 

20638 Duxbury Terrace, Ashburn, 

Virginia 20147. 

(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: 

Emerson Electric Co., 8000 W Florissant 

Ave., St. Louis, MO 63136 

Emerson Process Management LLLP, 

8000 Norman Center Drive, Suite 

1200, Bloomington, MN 55437 

Emerson Process Management Asia 

Pacific Private Limited, 1 Pandan 

Crescent, Singapore, 128461, 

Singapore 

Emerson Process Management 

Manufacturing (M) Sdn. Bhd., Lot 

13111-Mukim Labu, Kawasan, 

Perindustrian Nilai, Nilai, Negeri 

Sembilan, 71807, Malaysia 

Fisher-Rosemount Systems, Inc., 1100 

W Louis Henna Blvd., Bldg. 1, Round 

Rock, TX 78681 

Rosemount Inc., 6021 Innovation Blvd., 

Shakopee, MN 55379 

Analog Devices, Inc., One Technology 

Way, Norwood, MA 02062 

Linear Technology LLC, 1630 McCarthy 

Blvd., Milpitas, CA 95035 

Dust Networks, Inc., 32990 Alvarado 

Niles Road, Suite 910, Union City, 

California 94587 

Tadiran Batteries Inc., 2001 Marcus 

Avenue, Suite 125E, Lake Success, 

NY 11040 

Tadiran Batteries Ltd., 34 Itzhak Rabin 

Blvd., Kiryat Ekron, 7692000, Israel 

(4) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

The Office of Unfair Import 

Investigations will not be named as a 

party to this investigation. 

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), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission 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: September 5, 2018. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2018–19587 Filed 9–7–18; 8:45 am] 

BILLING CODE 7020–02–P 


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