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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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices 3587 

Final ID in part. Specifically, the 

Commission determined to review the 

following issues: (1) The Final ID’s 

finding that the accused products satisfy 

the limitation ‘‘a second mode of 

operation comprising the low voltage 

event’’ of claims 1, 6, and 12 of the ’985 

patent; (2) the Final ID’s finding that the 

accused turbines having a doubly-fed 

induction generator (‘‘DFIG’’) satisfy the 

limitation ‘‘turbine controller causes the 

blade pitch control system to vary the 

pitch of the one or more blades’’ of 

claims 1, 6, and 12 of the ’985 patent; 

(3) the Final ID’s finding that certain 

full-converter turbines with later 

versions of software and DFIG Products 

infringe claims 29, 30, 33–35, and 37 of 

the ’985 patent; and (4) the Final ID’s 

finding that the accused products satisfy 

the limitation ‘‘during the entire 

duration of and subsequent to a zero 

voltage fault that lasts for an 

undetermined period of time’’ of claim 

1 of the ’705 patent. The Commission 

also determined to take no position on 

whether GE showed that the accused 

products satisfy the limitation ‘‘during 

the entire duration of and subsequent to 

a zero voltage fault that lasts for an 

undetermined period of time,’’ and 

therefore affirmed the Final ID’s finding 

of no violation as to claim 1 of the ’705 

patent based on 35 U.S.C. 101. The 

Commission did not review any other 

findings presented in the final ID. 

The Commission sought briefing from 

the parties on six issues and requested 

briefing from the parties, interested 

government agencies, and interested 

persons on remedy, bonding, and the 

public interest. On December 7, 2021, 

GE and SGRE filed their initial 

submissions in response to the 

Commission’s request for briefing. On 

December 14, 2021, GE and SGRE filed 

their reply submissions in response to 

the Commission’s request for briefing. 

The Commission also received 

submissions from U.S. Representative 

Paul Tonko; U.S. Representative 

William Timmons; Senator Patrick 

Leahy; Senator Tim Scott; Senators John 

Hoeven, Kevin Cramer, and Kelly 

Armstong; Senators Charles Grassley 

and Joni Ernst; Governor Kim Reynolds 

of Iowa; Governor Laura Kelly of 

Kansas; RWE Renewables Americas, 

LLC; Enel Green Power North America, 

Inc.; Avangrid Renewables, LLC; Allete 

Clean Energy; Clearway Energy Group, 

LLC; Algonquin Power & Utilities Corp.; 

and MidAmerican Energy Company. 

Having examined the record of this 

investigation, including the Final ID, the 

petitions for review, responses, and 

other submissions from the parties and 

the public, the Commission has 

determined that GE failed to show any 

accused SGRE products satisfies the 

limitation ‘‘a second mode of operation 

comprising the low voltage event’’ 

found in claims 1, 6, and 12 of the ’985 

patent. The Commission has further 

determined that GE failed to show that 

the accused SGRE DFIG products satisfy 

the limitation ‘‘turbine controller causes 

the blade pitch control system to vary 

the pitch of the one or more blades’’ of 

claims 1, 6, and 12 of the ’985 patent. 

Finally, the Commission finds that GE 

showed that the accused full-converter 

wind turbine generators with earlier 

versions of software infringe claims 29, 

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

that GE did not show that the accused 

DFIG wind turbines generators or the 

accused full-converter wind turbine 

generators with later versions of 

software infringed those claims. The 

Commission therefore reverses the Final 

ID’s finding that SGRE infringes claims 

1, 6, and 12 of the ’985 patent, but finds 

that GE showed infringement of claims 

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

by the accused full-converter wind 

turbine generators with earlier versions 

of software. Accordingly, the 

Commission finds that GE has shown a 

violation of section 337 by SGRE with 

respect to claims 29, 30, 33–35, and 37 

of the ’985 patent. 

The Commission’s determinations are 

explained more fully in the 

accompanying Opinion. All other 

findings in the ID under review that are 

consistent with the Commission’s 

determinations are affirmed. 

The Commission has determined that 

the appropriate form of relief in this 

investigation is a limited exclusion 

order with respect to SGRE prohibiting 

the importation of certain variable speed 

wind turbine generators and 

components thereof that are covered by 

one or more of claims 29, 30, 33–35, and 

37 of the ’985 patent, and cease and 

desist orders that prohibits SGRE from 

further importing, selling, and 

distributing those products in the 

United States. The Commission has 

further determined that the public 

interest factors enumerated in 

subsection 337(d)(1) and (f)(1) (19 

U.S.C. 1337(d)(1) and (f)(1)) warrant an 

exemption in both orders for the service 

and repair of subject articles that were 

sold to U.S. consumers as of the date of 

the orders, but do not otherwise 

preclude the issuance of the limited 

exclusion order or the cease and desist 

orders. Finally, the Commission has 

determined that the bond for 

importation during the period of 

Presidential review shall be in the 

amount of zero percent (0%) (i.e., no 

bond) of the entered value of such 

articles. 

The Commission’s notice, order, and 

opinion were delivered to the President 

and to the United States Trade 

Representative on the day of their 

issuance. The Commission has also 

notified the Secretary of the Treasury 

and Customs and Border Protection of 

the order. The investigation is hereby 

terminated. 

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: January 18, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–01234 Filed 1–21–22; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–875] 

Importer of Controlled Substances 

Application: Globyz Pharma, LLC; 

Correction 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Notice of application; 

correction. 

SUMMARY: The Drug Enforcement 

Administration (DEA) published a 

document in the Federal Register on 

August 12, 2021, concerning a notice of 

application. The document indicated 

the approved drug code (1205— 

Lisdexamfetamine) as a schedule I. The 

correct drug schedule should read 

schedule II. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of August 12, 

2021, in FR Doc. 2021–17181 (86 FR 

44405), on page 44406, in the first 

column, in the controlled substance 

table, correct the drug schedule to 

schedule II. 

Brian S. Besser, 

Acting Assistant Administrator. 

[FR Doc. 2022–00852 Filed 1–21–22; 8:45 am] 

BILLING CODE P 


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