Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 3585 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

(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 participate as a 

party in 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), as 

amended in 85 FR 15798 (March 19, 

2020), such responses will be 

considered by the Commission if 

received not later than 20 days after the 

date of service by the complainants 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: January 18, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–01235 Filed 1–21–22; 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: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain Mobile Telephones, 

Tablet Computers with Cellular 

Connectivity, and Smart Watches with 

Cellular Connectivity, Components 

Thereof, and Products Containing Same, 

DN 3595; 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. 

For help accessing EDIS, please email 

EDIS3Help@usitc.gov. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.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 has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of 

Ericsson Inc. and Telefonaktiebolaget 

LM Ericsson on January 18, 2022. The 

complaint alleges violations of section 

337 of the Tariff Act of 1930 (19 U.S.C. 

1337) in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain mobile 

telephones, tablet computers with 

cellular connectivity, and smart watches 

with cellular connectivity, components 

thereof, and products containing same. 

The complainant names as respondent: 

Apple, Inc. of Cupertino, CA. The 

complainant requests that the 

Commission issue a limited exclusion 

order, a cease and desist order, and 

impose a bond upon respondents 

alleged infringing articles during the 60- 

day Presidential review period pursuant 

to 19 U.S.C. 1337(j). 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments on 

any public interest issues raised by the 

complaint or § 210.8(b) filing. 

Comments should address whether 

issuance of the relief specifically 

requested by the complainant in this 

investigation would affect the public 

health and welfare in the United States, 

competitive conditions in the United 

States economy, the production of like 

or directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar days 

after the date of publication of this 

notice in the Federal Register. There 

will be further opportunities for 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due. No other submissions will be 

accepted, unless requested by the 

Commission. Any submissions and 

replies filed in response to this Notice 

are limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3595’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 


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3586 Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

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

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

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 to 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. 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,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: January 18, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–01211 Filed 1–21–22; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1218] 

Certain Variable Speed Wind Turbine 

Generators and Components Thereof; 

Notice of the Commission’s Final 

Determination Finding a Violation of 

Section 337; Issuance of a Limited 

Exclusion Order and Cease and Desist 

Orders; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has found a violation of 

section 337 of the Tariff Act of 1930, as 

amended, by Siemens Gamesa 

Renewable Energy Inc.; Siemens 

Gamesa Renewable Energy A/S; and 

Gamesa Electric, S.A.U., and has 

determined to issue a limited exclusion 

order and cease and desist orders. The 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Robert Needham, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–5468. 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 (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 September 8, 2020, based on a 

complaint filed on behalf of General 

Electric Company of Boston, 

Massachusetts (‘‘GE’’). 85 FR 55492–93 

(Sept. 8, 2020). The complaint, as 

supplemented, alleged violations of 

section 337 of the Tariff Act of 1930, 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 variable speed wind turbine 

generators and components thereof by 

reason of infringement of one or more of 

claims 1, 3, 6, 7, 12, 15–16, 21–24, 29, 

30, and 33–38 of U.S. Patent No. 

6,921,985 (‘‘the ’985 patent’’) and claims 

1 and 2 of the U.S. Patent No. 7,629,705 

(‘‘the ’705 patent’’). Id. at 55493; Order 

No. 10 (Dec. 2, 2020), unreviewed by 

Comm’n Notice (Dec. 22, 2020). Id. The 

Commission’s notice of investigation 

named as respondents 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 

26493; 85 FR 55493. The Office of 

Unfair Import Investigations is not a 

party to the investigation. Id. 

The Commission subsequently 

terminated the investigation with 

respect to claims 3, 7, 15, 16, 21–24, 36, 

and 38 of the ’985 patent and claim 2 

of the ’705 patent based on GE’s partial 

withdrawal of the complaint. Order No. 

20 (Mar. 30, 2021), unreviewed by 

Comm’n Notice (Apr. 15, 2021) 

(terminating the investigation with 

respect to claims 3, 7, 36, and 38 of the 

’985 patent and claim 2 of the ’705 

patent); Order No. 24 (Apr. 26, 2021), 

unreviewed by Comm’n Notice (May 17, 

2021) (terminating the investigation 

with respect to claims 15, 16, and 21– 

24 of the ’985 patent). Accordingly, at 

the time of the Final ID, the remaining 

asserted claims were claims 1, 6, 12, 29, 

30, 33–35, and 37 of the ’985 patent and 

claim 1 of the ’705 patent. 

The Commission also issued a 

summary determination that GE 

satisfied the economic prong of the 

domestic industry requirement with 

respect to both asserted patents. Order 

No. 23 (Apr. 26, 2021), unreviewed by 

Comm’n Notice (May 26, 2021). 

On September 10, 2021, the ALJ 

issued a final initial determination 

(‘‘Final ID’’) finding a violation of 

section 337 with respect to claims 1, 6, 

12, 29, 30, 33–35, and 37 of the ’985 

patent and finding no violation with 

respect to claim 1 of the ’705 patent. 

Final ID at 147. The Final ID found that 

GE showed that SGRE induced 

infringement of claims 1, 6, 12, 29, 30, 

33–35, and 37 of the ’985 patent and 

claim 1 of the ’705 patent, and that GE 

showed that it satisfied the technical 

prong of the domestic industry 

requirement with respect to both 

patents. The Final ID also found that 

SGRE showed that claim 1 of the ’705 

patent is directed to ineligible subject 

matter but failed to show that any 

asserted claim of the ’985 patent is 

invalid or patent ineligible. 

On September 22 and 24, 2021, GE 

and SGRE, respectively, filed petitions 

for review of the Final ID. GE and SGRE 

opposed each other’s petitions on 

September 30, 2021, and October 4, 

2021, respectively. 

On November 12, 2021, the 

Commission determined to review the 


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