[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88112-88113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27897]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1336]


Certain Semiconductor Devices, Mobile Services Contacting the 
Same, and Components Thereof; Notice of a Commission Determination Not 
to Review an Initial Determination Granting a Joint Motion To Terminate 
the Investigation Due to Settlement; 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 (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 78) of the presiding administrative 
law judge (``ALJ'') granting a joint motion to terminate the 
investigation due to settlement.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3115. 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#a6e3e2eff595eec3cad6e6d3d5cfd2c588c1c9d0"><span class="__cf_email__" data-cfemail="d297969b81e19ab7bea292a7a1bba6b1fcb5bda4">[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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 19, 2022, based on a complaint filed on behalf of Daedalus 
Prime LLC (``Daedalus'' or ``Complainant'') of Bronxville, New York. 87 
FR 63524-25 (Oct. 19, 2022). The complaint, as supplemented, 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 semiconductor devices, mobile devices 
containing the same, and components thereof by reason

[[Page 88113]]

of the infringement of certain claims of U.S. Patent Nos. 9,831,306 
(``the '306 patent''); 10,319,812 (``the '812 patent''); 10,700,178; 
and 11,251,281. The Commission's notice of investigation named as 
respondents Samsung Electronics Co., Ltd. of Suwon-si, Gyeonggi-do, 
Republic of Korea and Samsung Electronics America, Inc. of Ridgefield 
Park, New Jersey (collectively, ``Samsung''); Taiwan Semiconductor 
Manufacturing Company Limited of Hsinchu City, Taiwan and TSMC North 
America of San Jose, California (collectively, ``TSMC''). The Office of 
Unfair Import Investigations (``OUII'') is also a party in this 
investigation.
    Subsequently, the investigation was terminated with respect to the 
'306 and the '812 patents. Order No. 35 (June 9, 2023), unreviewed by 
Comm'n Notice (July 10, 2023). Furthermore, the ALJ granted 
Complainant's motion for summary determination that the TSMC 
respondents are not licensed to the asserted patents. Order No. 49 
(July 17, 2023), reviewed and, on review, vacated in part and affirmed 
in part with modified reasoning by Comm'n Notice (August 23, 2023). 
Also, the investigation was terminated with respect to the Samsung 
respondents. Order No. 52 (August 7, 2023), unreviewed by Comm'n Notice 
(Sep. 5, 2023).
    On October 18, 2023, Daedalus and the TSMC respondents (Daedalus 
and TSMC together, the ``Moving Parties'') filed a joint motion to, 
inter alia, terminate the investigation based on settlement. 
(``Mot.''). On October 24, 2023, OUII filed a response supporting the 
motion. (``Staff Resp.'').
    On November 14, 2023, the ALJ issued an ID (Order No. 78) granting 
the joint motion. The ID noted that, consistent with Commission Rule 
210.21(b)(1), Daedalus and TSMC attach a copy of a Settlement and 
Patent License Agreement, a Patent Purchase Agreement, and two binding 
Term Sheets as Exhibits 1-4 to their motion. ID at 2. The ID further 
noted that, in addition, pursuant to Commission Rule 210.21(b)(1), the 
motion states that ``[t]here are no other agreements, written or oral, 
express or implied, between Daedalus and TSMC concerning the subject 
matter of this Investigation.'' Id. (citing Mot. at 2).
    The ID further noted that Daedalus and TSMC submit that termination 
``will not adversely affect the public interest'' and that 
``[t]ermination will also conserve Commission resources, including 
those of the Administrative Law Judge and the Commission Investigative 
Staff, as well as those of the Moving Parties.'' Id. (citing Mot. at 2-
3). The ID noted that in its response to the Moving Parties' motion to 
terminate, OUII states that ``Staff is not aware of any reason why 
termination of this investigation on the basis of the Agreements would 
be contrary to the public health and welfare, competitive conditions in 
the U.S. economy, the production of like or directly competitive 
articles in the United States, or U.S. consumers[ ]'' and that ``the 
public interest favors settlement to avoid unnecessary litigation and 
to conserve public and private resources.'' Id. (citing Staff Resp. at 
4). The ID found no evidence of any adverse impact on the public 
interest from the termination of the investigation and granted the 
motion thus terminating the investigation. Id. at 2-3.
    The Commission has determined not to review the ID. The 
investigation is hereby terminated.
    The Commission vote for this determination took place on December 
14, 2023.

    By order of the Commission.

    Issued: December 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-27897 Filed 12-19-23; 8:45 am]
BILLING CODE 7020-02-P


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