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[Federal Register Volume 89, Number 237 (Tuesday, December 10, 2024)]
[Notices]
[Pages 99277-99278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28925]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1391]

Certain Networking Equipment Supporting NETCONF; Notice of the 
Commission's Determination To Review and Affirm Order No. 19 Granting 
Summary Determination Finding No Infringement, Review and Vacate Order 
No. 23, and Grant in Part Third Party Xenogenic Development, LLC's 
Motion To Intervene; 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 that no violation of section 
337 in the above-captioned investigation has occurred. The Commission 
has determined to review an initial determination granting summary 
determination of non-infringement (Order No. 19) and affirm the Order 
No. 19 finding of no infringement with supplemented reasoning. The 
Commission has further determined to review and vacate Order No. 23, 
and grant in part third party Xenogenic Development, LLC's 
(``Xenogenic'') motion to intervene. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Jonathan Link, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3103. 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 
[email protected]. 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: The Commission instituted this investigation 
on March 4, 2024, based on a complaint filed by Optimum Communications 
Services, Inc. of Jersey City, New Jersey (``Complainant''). 89 FR 
15611-12 (Mar. 4, 2024). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain network equipment supporting NETCONF by reason of infringement 
of certain claims of U.S. Patent Nos. 10,567,474 and 10,848,546 
(``Asserted Patents''). Id. The complaint further alleges that a 
domestic industry exists. Id. The Commission's notice of investigation 
named as respondents: Changsha Silun Network Technology Co., Ltd. of 
Hunan, China; Hunan Maiqiang Network Technology Company Limited of 
Hunan, China; Hunan Zikun Information Technology Co., Ltd. of Hunan, 
China; and Guangzhou Qiton Electronics Technology Co., Ltd. of 
Guangdong, China (collectively, ``Respondents''). Id. OUII is 
participating as a party in this investigation. Id.
    On June 13, 2024, the Commission found the Respondents in default 
for failing to respond to the complaint, notice of investigation, or 
previous order to show cause (Order No. 8). Order No. 9, unreviewed by 
Comm'n Notice (June 13, 2024).
    On June 28, 2024, Complainant filed a motion for summary 
determination of violation and requested the issuance of a general 
exclusion order. On July 10, 2024, OUII filed a confidential response 
opposing the summary determination motion.
    On September 19, 2024, the Commission determined not to review an 
initial determination declassifying OUII's response to Complainant's 
motion for summary determination and supporting memorandum. Order No. 
13, unreviewed by, Comm'n Notice (September 20, 2024).
    On August 8, 2024, third party Xenogenic Development LLC 
(``Xenogenic'') filed a motion to intervene, stay the proceedings on 
the merits, and dismiss the investigation. On August 16, 2024, 
Complainant filed a response opposing the motion. On August 20, 2024, 
OUII filed a response in support of Xenogenic's motion to intervene and 
for termination of the investigation but opposed a stay of the 
investigation. On August 23, 2024, Xenogenic filed a reply in support 
of its motion. On August 27, 2024, Complainant filed a sur-reply 
opposing the motion.
    On September 18, 2024, OUII filed a motion for summary 
determination arguing that Complainant cannot show that the accused 
products infringe the asserted claims of the Asserted Patents, and that 
the investigation should be terminated with a finding of no violation 
of section 337. On September 26, 2024, Complainant filed an

[[Page 99278]]

opposition to the motion. OUII filed its reply on October 1, 2024.
    On October 18, 2024, the ALJ issued Order No. 19 granting-in-part 
OUII's motion for summary determination and finding no violation. On 
October 25, 2024, Complainant filed a petition for review of the ID in 
Order No. 19. On November 1, 2024, OUII filed a response to 
Complainant's petition for review of the ID in Order No. 19.
    On October 18, 2024, the ALJ also issued Order No. 20, asking the 
parties to brief whether the investigation should be terminated in its 
entirety and whether all remaining motions are moot and/or withdrawn in 
light of Order No. 19. On October 28, 2024, Complainant responded to 
Order No. 20, opposing terminating the investigation. On October 28, 
2024, OUII responded to Order No. 20 supporting termination of the 
investigation and Xenogenic responded requesting the ALJ to grant its 
motion to intervene. On November 4, 2024, Complainant filed a reply 
regarding Order No. 20, opposing terminating the investigation.
    On November 8, 2024, the ALJ issued Order No. 23 granting 
Xenogenic's motion to intervene and terminating the investigation. On 
November 9, 2024, Complainant filed a petition to review the ID in 
Order No. 23. On November 18, 2024, OUII filed a response in opposition 
to Complainant' petition to review of Order No. 23.
    Having considered the record in this investigation, including the 
complaint, the filings before the ALJ and the Commission, the 
Commission has determined to review Order No. 19. On review, the 
Commission affirms Order No. 19 finding no infringement of the asserted 
patents with the following supplementation: (1) on page 18 of the ID, 
the Commission supplements the citation to 19 CFR 210.18(a)-(b) to also 
include 19 CFR 210.18(c); and (2) on page 26 of the ID, the Commission 
adds a citation to Exhibit 14 of OUII's motion for summary 
determination, which is RFC 7950 entitled ``The YANG 1.1 Data Modeling 
Language'' (in addition to already cited Exhibits 13, 15, and 16 from 
OUII's motion for summary determination).
    The Commission has further determined to review and vacate Order 
No. 23. Order No. 19 finds that there is no infringement of the 
Asserted Patents and that no violation of section 337 has occurred. 
Affirmance of Order No. 19 would result in termination of the 
investigation, and thereby, the Commission finds that as of the time of 
issuance of Order No. 23 the investigation was already pending before 
the Commission. However, the Commission has determined to grant third 
party Xenogenic's motion to intervene for the limited purpose of 
addressing ownership of the Asserted Patents. Regardless of ownership, 
the Commission's finding of no infringement results in a finding of no 
violation and the investigation is terminated.
    The Commission vote for this determination took place on December 
4, 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: December 4, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-28925 Filed 12-9-24; 8:45 am]
BILLING CODE 7020-02-P
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