86838 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1389] 

Certain Computing Devices Utilizing 

Indexed Search Systems and 

Components Thereof; Notice of 

Commission Determination To Review 

and, on Review, To Affirm an Initial 

Determination Granting in Part 

Respondents’ Motion for Summary 

Determination of Noninfringement 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

and, on review, to affirm with modified 

and supplemental reasoning the 

presiding administrative law judge’s 

(‘‘ALJ’’) initial determination (‘‘ID’’) 

(Order No. 18) granting in part the 

respondents’ motion for summary 

determination of noninfringement with 

respect to U.S. Patent No. 8,498,977 

(‘‘the ’977 patent’’). The ’977 patent is 

terminated from the investigation. 

FOR FURTHER INFORMATION CONTACT: 

Lynde Herzbach, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–3228. 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 

January 29, 2024, the Commission 

instituted this investigation under 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, based on a 

complaint filed by X1 Discovery, Inc. of 

Pasadena, California (‘‘Complainant’’). 

See 89 FR 5574–75 (Jan. 29, 2024). The 

complaint, as amended, 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 computing devices utilizing 

indexed search systems and 

components thereof by reason of the 

infringement of certain claims of the 

’977 patent and U.S. Patent No. 

8,856,093 (‘‘the ’093 patent’’). Id. The 

complaint also alleges that a domestic 

industry exists. Id. The notice of 

investigation names seven respondents, 

including: ASUSTeK Computer Inc. of 

Taipei City, Taiwan; ASUS Computer 

International of Fremont, California; 

Acer Inc. of Xizhi, Taiwan; Acer 

America Corporation of San Jose, 

California; Dell Technologies Inc. and 

Dell Products, both of Round Rock, 

Texas; and Dell (Chengdu) Company 

Limited of Sichuan, China (‘‘Dell 

Chengdu’’). Id. The Office of Unfair 

Import Investigations is not 

participating in this investigation. 

The Commission previously 

terminated respondent Dell Chengdu 

based on partial withdrawal of the 

complaint. Order No. 8 (May 6, 2024), 

unreviewed by Comm’n Notice (May 22, 

2024). 

The Commission also previously 

terminated the investigation as to claims 

5, 8–11, 13, 15–16, and 20 of the ’977 

patent and claims 1–7, 11–12, 14–17, 

and 19 of the ’093 patent based on 

partial withdrawal of the complaint. 

Order No. 15 (Aug. 27, 2024), 

unreviewed by Comm’n Notice (Sept. 

23, 2024). 

On August 5, 2024, respondents Acer 

Inc., Acer America Corporation, 

ASUSTek Computer Inc., ASUS 

Computer International, Dell 

Technologies Inc. and Dell Products L.P. 

(collectively, ‘‘Respondents’’) moved for 

summary determination of 

noninfringement as to all remaining 

asserted patent claims. On August 15, 

2024, Complainant filed an opposition 

to the motion. 

On August 23, 2024, Respondents 

filed a motion to strike a portion of 

Complainant’s opposition as being 

based on an untimely infringement 

theory. On September 3, 2024, the ALJ 

granted the motion to strike in part. 

Order No. 17 (Sept. 3, 2024). 

On September 3, 2024, the ALJ issued 

the subject ID granting in part 

Respondents’ motion for summary 

determination of noninfringement. 

Specifically, the ID finds that, based on 

the proper construction of the claim 

limitation ‘‘non-adjacent in at least one 

of the identified documents,’’ there is no 

material issue of fact that the accused 

products do not infringe the asserted 

claims of the ’977 patent. The ALJ’s 

denial of summary determination of 

noninfringement as to the ’093 patent 

does not constitute an initial 

determination and is not before the 

Commission. See 19 CFR 210.18(f) 

(stating that only a grant of summary 

determination shall constitute and 

initial determination). 

On September 9, 2024, Complainant 

filed a motion for partial 

reconsideration of the ID. On September 

13, 2024, Respondents filed an 

opposition to the motion for 

reconsideration. 

On September 10, 2024, Complainant 

filed a petition for review of the subject 

ID. Complainant contends that the ID 

errs in its construction of the term ‘‘nonadjacent in at least one of the identified 

documents.’’ Specifically, Complainant 

asserts that the ALJ incorrectly based 

the construction on prosecution 

disclaimer in a patent Complainant 

argues is ‘‘indirectly related’’ to the 

Asserted Patents. On September 17, 

2024, Respondents filled a response 

arguing that the ID correctly construes 

the disputed term and Complainant has 

no infringement arguments under that 

proper construction. 

On September 16, 2024, the ALJ 

denied Complainant’s motion for partial 

reconsideration of the ID because the ID 

is before the Commission and the ALJ 

lacks authority to reconsider it. Order 

No. 21 (Sept. 16, 2024). 

Having reviewed the record, 

including the subject ID and the parties’ 

petitions and responses thereto, the 

Commission has determined to review 

the subject ID (Order No. 18) and, on 

review, to affirm the ID with modified 

and supplemental reasoning as detailed 

in the concurrently issued Commission 

opinion. The ’977 patent is terminated 

from the investigation with a finding of 

noninfringement. 

The Commission vote for this 

determination took place on October 25, 

2024. 

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 25, 2024. 

Susan Orndoff, 

Supervisory Attorney. 

[FR Doc. 2024–25327 Filed 10–30–24; 8:45 am] 

BILLING CODE 7020–02–P 


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