7158 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 

Order No. 29 (April 2, 2024), 

unreviewed by Comm’n Notice (Apr. 26, 

2024). 

The ALJ held an evidentiary hearing 

on March 18–22, 2024. As of the 

hearing, Shoals asserted claims 1, 11– 

14, 18, 21, 23, and 24 of the ’153 patent 

against the accused Voltage Trunk Bus, 

and Voltage sought adjudication of the 

Voltage Alternative Design [‘‘AD’’] 

Trunk Bus with respect to and claims 21 

and 24 of the ’153 patent. Shoals also 

asserted that its DI product practices 

claims 1 and 21 of the ’153 patent for 

purposes of the DI requirement. 

On August 30, 2024, the presiding 

ALJ issued the FID, finding that there 

has been a violation of section 337 in 

the importation into the United States, 

the sale for importation, and/or the sale 

in the United States after importation of 

certain photovoltaic connectors and 

components thereof with respect to 

certain claims of the ’153 patent. 

Specifically, the FID finds as to the ’153 

patent that: (1) the Voltage Trunk Bus 

and Voltage AD Trunk Bus have been 

imported into the United States, sold for 

importation, and/or sold within the 

United States after importation; (2) the 

Voltage Trunk Bus satisfies claims 1, 

11–14, and 18; (3) the Voltage Trunk 

Bus does not satisfy claims 21, 23, and 

24; (4) the Voltage AD Trunk Bus does 

not satisfy claims 1, 11–14, 18, 21, 23, 

and 24; (5) Shoals has satisfied the 

technical prong of the DI requirement; 

(6) Shoals has satisfied the economic 

prong of the DI requirement; and (7) 

Voltage has not shown that claims 1, 

11–14, 18, 21, 23, and 24 are invalid 

under 35 U.S.C. 112 for lack of written 

description and/or indefiniteness. 

On September 13, 2024, the presiding 

ALJ issued a Recommended 

Determination on Remedy and Bonding 

(‘‘RD’’). The RD recommends that the 

Commission issue a limited exclusion 

order against Voltage in the event it 

finds a violation of section 337 and 

impose a bond of 100 percent during the 

period of Presidential Review. 

On October 15 and 16, 2024, Shoals 

Technologies and Voltage, respectively, 

filed a statement on the public interest 

pursuant to Commission Rule 

210.50(a)(4), 19 CFR 210.50(a)(4). On 

October 15, 2024, Strata Clean Energy of 

Durham, N.C. filed a statement on the 

public interest in response to the 

Commission’s Federal Register notice. 

See 89 FR 76869–70 (Sept. 19, 2024). 

On September 16, 2024, Shoals filed 

a petition for review of the FID, arguing 

that the ALJ should not have considered 

respondents’ redesign product, the 

Voltage AD Trunk Bus, as being within 

the scope of the investigation. On the 

same day, Respondents also filed a 

petition for review of the following of 

the FID’s findings: (1) the FID’s 

construction of the term ‘‘aperture’’ 

recited in the asserted claims of the ’153 

patent; (2) the FID’s finding that the 

asserted claims of the ’153 patent are 

not invalid under 35 U.S.C. 112 for lack 

of written description and/or 

indefiniteness; (3) the FID’s finding that 

Shoals has satisfied the domestic 

industry requirement with respect to an 

article protected by the ’153 patent; and 

(4) the FID’s determination to exclude 

the testimony of Voltage’s invalidity 

expert. Also on the same day, OUII filed 

a petition for review of the following of 

the FID’s findings: (1) the FID’s 

construction of the ‘‘aperture’’ terms; (2) 

the FID’s finding that Shoals’ has 

satisfied the technical prong of the 

domestic industry requirement; and (3) 

the FID’s determination to exclude the 

testimony of Voltage’s invalidity expert. 

On September 24, 2024, Shoals, 

Voltage and OUII each filed responses to 

the respective petitions for review. 

On October 4, 2024, Voltage filed a 

notice of supplemental authority, and 

on October 7, 2024, Shoals filed a 

response to the notice. The Voltage 

Notice attached a copy of a September 

30, 2024 decision from the U.S. Patent 

and Trademark Office’s Patent Trial and 

Appeal Board denying a petition by 

Voltage to institute post-grant review 

proceedings. See Voltage Notice, Ex. A 

(Voltage v. Shoals, PGR2024–00022). 

On November 13, 2024, the 

Commission determined to review the 

FID in part. See 89 FR 91424–27 (Nov. 

19, 2024) (the ‘‘November 13, 2024 

Commission Notice’’). Specifically, the 

Commission reviewed the FID’s: (1) 

construction of the ‘‘aperture’’ terms 

recited in the asserted claims of the ’153 

Patent; (2) finding that the accused 

products infringe the asserted claims of 

the ’153 patent; (3) finding that the 

asserted claims of the ’153 patent are 

not invalid under 35 U.S.C. 112 for lack 

of written description and/or 

indefiniteness; and (4) finding that 

Shoals has satisfied the domestic 

industry requirement of section 337, 

including the FID’s findings concerning 

the technical prong and the economic 

prong. Id. at 91426. The Commission 

did not review the remaining findings in 

the FID. 

In connection with its review, the 

Commission requested responses from 

the parties to certain question 

concerning the issues under review. Id. 

at 91426. The Commission also 

requested parties to the investigation, 

interested government agencies, and any 

other interested parties to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Id. 

On November 27, 2024, Shoals, 

Voltage and OUII each filed a response 

to the Commission’s November 13, 2024 

notice. On December 5, 2024, Shoals, 

Voltage and OUII each filed a respective 

reply. 

Having reviewed the record of the 

investigation, including the FID, the 

parties’ petitions for review and related 

submissions, and the parties’ responses 

to the Commission’s November 13, 2024 

Notice, the Commission has determined 

to: (1) construe the ‘‘aperture’’ terms 

recited in the asserted claims of the ’153 

Patent such that the entire ‘‘drop line’’ 

recited in the claims means ‘‘the entire 

length of the underlying ‘drop line/wire’ 

within the undermold (and compression 

lug), just as the ‘feeder cable’ equates to 

the entire length of the underlying cable 

within the undermold (and compression 

lug)’’; (2) reverse the FID’s finding that 

the accused Voltage Trunk Bus satisfies 

claims 1, 11–14, and 18 of the ’153 

patent; and (3) reverse the FID’s finding 

that Shoals’ asserted domestic industry 

products satisfy the limitations of 

claims 1 and 21 of the ’153 patent. The 

Commission takes no position on the 

other issues under review. Concurrent 

with this notice, the Commission has 

issued an opinion further explaining its 

determination. 

The investigation is terminated with a 

finding of no violation of section 337. 

The Commission’s vote on this 

determination took place on January 14, 

2025. 

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 14, 2025. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2025–01310 Filed 1–17–25; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1384] 

Certain Passive Optical Network 

Equipment; Notice of Request for 

Submissions on the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that on 

December 19, 2024, the presiding 

administrative law judge (‘‘ALJ’’) issued 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 7159 

an Initial Determination on Violation of 

Section 337. The ALJ also issued a 

Recommended Determination on 

remedy and bonding should a violation 

be found in the above-captioned 

investigation. The Commission is 

soliciting submissions on public interest 

issues raised by the recommended relief 

should the Commission find a violation. 

This notice is soliciting comments from 

the public and interested government 

agencies only. 

FOR FURTHER INFORMATION CONTACT: 

Lynde Herzbach, Esq., 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: Section 

337 of the Tariff Act of 1930 provides 

that, if the Commission finds a 

violation, it shall exclude the articles 

concerned from the United States 

unless, after considering the effect of 

such exclusion upon the public health 

and welfare, competitive conditions in 

the United States economy, the 

production of like or directly 

competitive articles in the United 

States, and United States consumers, it 

finds that such articles should not be 

excluded from entry. (19 U.S.C. 

1337(d)(1)). 

The Commission is soliciting 

submissions on public interest issues 

raised by the recommended relief 

should the Commission find a violation, 

specifically, a general exclusion order 

directed to certain passive optical 

network equipment imported, sold for 

importation, and/or sold after 

importation that infringe claims 1 and 

12–14 of U.S. Patent No. 7,333,511 or 

claims 1 and 3 of U.S. Patent No. 

7,558,260. Parties are to file public 

interest submissions pursuant to 19 CFR 

210.50(a)(4). 

The Commission is interested in 

further development of the record on 

the public interest in this investigation. 

Accordingly, members of the public and 

interested government agencies are 

invited to file submissions of no more 

than five (5) pages, inclusive of 

attachments, concerning the public 

interest in light of the ALJ’s 

Recommended Determination on 

Remedy and Bonding issued in this 

investigation on December 19, 2024. 

Comments should address whether 

issuance of the recommended remedial 

orders in this investigation, should the 

Commission find a violation, 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 recommended remedial 

orders are used in the United States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the recommended 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 thirdparty suppliers have the capacity to 

replace the volume of articles 

potentially subject to the recommended 

orders within a commercially 

reasonable time; and 

(v) explain how the recommended 

orders would impact consumers in the 

United States. 

Written submissions must be filed no 

later than by close of business on 

February 11, 2025. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. The Commission’s paper 

filing requirements in 19 CFR 210.4(f) 

are currently waived. 85 FR 15798 (Mar. 

19, 2020). Submissions should refer to 

the investigation number (‘‘Inv. No. 

337–TA–1384’’) in a prominent place on 

the cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, https://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding filing 

should contact the Secretary (202–205– 

2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment by marking each document 

with a header indicating that the 

document contains confidential 

information. This marking will be 

deemed to satisfy the request procedure 

set forth in Rules 201.6(b) and 

210.5(e)(2) (19 CFR 201.6(b) & 

210.5(e)(2)). Documents for which 

confidential treatment by the 

Commission is properly sought will be 

treated accordingly. Any non-party 

wishing to submit comments containing 

confidential information must serve 

those comments on the parties to the 

investigation pursuant to the applicable 

Administrative Protective Order. A 

redacted non-confidential version of the 

document must also be filed 

simultaneously with any confidential 

filing and must be served in accordance 

with Commission Rule 210.4(f)(7)(ii)(A) 

(19 CFR 210.4(f)(7)(ii)(A)). 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, solely for cybersecurity 

purposes. All contract personnel will 

sign appropriate nondisclosure 

agreements. All nonconfidential written 

submissions will be available for public 

inspection on EDIS. 

This action is taken under the 

authority of 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 14, 2025. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2025–01307 Filed 1–17–25; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

United States of America v. XCL 

Resources Holdings, LLC, Verdun Oil 

Company II, LLC, and EP Energy LLC; 

Proposed Final Judgment and 

Competitive Impact Statement 

Notice is hereby given pursuant to the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16(b)–(h), that a proposed 

Final Judgment, Stipulation, and 

Competitive Impact Statement have 

been filed with the United States 

District Court for the District of 


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