50744 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices 

Postponed the final determinations for 

its antidumping duty investigations 

regarding methionine from Japan and 

Spain; and (ii) reached an earlier final 

antidumping duty determination 

concerning methionine from France. On 

June 30, 2021, the Commission issued a 

final affirmative determination in its 

antidumping duty investigation of 

methionine from France (86 FR 35826, 

July 7, 2021). Following notification of 

final determinations by Commerce that 

imports of methionine from Japan and 

Spain were being sold at LTFV within 

the meaning of section 735(a) of the Act 

(19 U.S.C. 1673d(a)), notice of the 

supplemental scheduling of the final 

phase of the Commission’s antidumping 

duty investigations was given by posting 

copies of the notice in the Office of the 

Secretary, U.S. International Trade 

Commission, Washington, DC, and by 

publishing the notice in the Federal 

Register of August 2, 2021 (86 FR 

41513). 

The Commission made these 

determinations pursuant to § 735(b) of 

the Act (19 U.S.C. 1673d(b)). It 

completed and filed its determinations 

in these investigations on September 7, 

2021. The views of the Commission are 

contained in USITC Publication 5230 

(September 2021), entitled Methionine 

from Japan and Spain: Investigation 

Nos. 731–TA–1535–1536 (Final). 

By order of the Commission. 

Issued: September 7, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–19563 Filed 9–9–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1197] 

Certain Portable Gaming Console 

Systems With Attachable Handheld 

Controllers and Components Thereof 

II: Commission Determination To 

Review in Part a Final Initial 

Determination, and on Review, To Find 

No Violation of Section 337; 

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 determined to review a 

final initial determination (‘‘ID’’) with 

respect to whether the economic prong 

of the domestic industry requirement 

was satisfied, and on review, has 

determined to take no position on the 

issue. The Commission has determined 

not to review the remainder of the ID, 

and thereby finds no violation of section 

337 of the Tariff Act of 1930. 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 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 May 4, 

2020, the Commission instituted this 

investigation based on a complaint filed 

on behalf of Gamevice, Inc. of Simi 

Valley, California (‘‘Gamevice’’). 85 FR 

26492–93 (May 4, 2020). The complaint 

alleged violations of section 337 of the 

Tariff Act of 1930, as amended, 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 portable gaming consoles with 

attachable handheld controllers and 

component thereof by reason of 

infringement of one or more of claims 

1–4, 6–8, and 12–18 of U.S. Patent No. 

10,391,393 (‘‘the ’393 patent’’). Id. The 

Commission’s notice of investigation 

named as respondents Nintendo Co., 

Ltd. of Kyoto, Japan, and Nintendo of 

America, Inc. of Redmond, Washington. 

Id. at 26493. The Office of Unfair Import 

Investigations (‘‘OUII’’) is participating 

in this investigation. Id. The 

Commission subsequently terminated 

the investigation with respect to claims 

13–16 of the ’393 patent. Order No. 6 

(Aug. 14, 2020), unreviewed by Comm’n 

Notice (Sept. 10, 2020) (terminating 

claims 13–15); Order No. 10 (Dec. 7, 

2020), unreviewed by Comm’n Notice 

(Jan. 5, 2021) (terminating claim 16). 

On July 2, 2021, the presiding 

administrative law judge issued the 

subject ID finding no violation of 

section 337. The ID found that 

Gamevice failed to show that Nintendo 

infringed claims 1–4, 6–8, 12, 17, and 18 

of the ’393 patent. The ID also found 

that Nintendo showed by clear and 

convincing evidence that claims 1–4, 6– 

8, 16–18, 20, and 22 of the ’393 patent 

are invalid. The ID found that Gamevice 

showed that at least one of its domestic 

industry products practices claims 8–11 

of the ’393 patent, and that Gamevice 

established the economic prong with 

respect to that product, and therefore 

satisfied the domestic industry 

requirement with respect to valid claims 

9–11 of the ’393 patent. 

On July 19, 2021, Gamevice 

petitioned for review with respect to the 

ID’s findings on noninfringement and 

invalidity with respect to claims 1–4, 6, 

7, and 12 of the ’393 patent, thereby 

abandoning its case with respect to 

claims 8, 16–18, 20, and 22 of the ’393 

patent. See 19 CFR 210.43(b)(2) (stating 

that ‘‘[a]ny issue not raised in petition 

for review will be deemed to have been 

abandoned by the petitioning party’’). 

That same day, Nintendo contingently 

petitioned for review with respect to the 

ID’s validity findings regarding claims 

17, 19, and 21 based on indefiniteness, 

regarding claim 12 based on 

obviousness, and regarding claims 1–4, 

6–8, and 17–18 based on a lack of 

adequate written description. On July 

27, 2021, Gamevice and Nintendo 

opposed each other’s petitions, and 

OUII opposed both petitions. 

Having examined the record of this 

investigation, including the ID, the 

petitions for review, and the responses 

thereto, the Commission has determined 

to review and take no position on the 

issue of whether Gamevice 

demonstrated that it satisfied the 

economic prong of the domestic 

industry requirement. Beloit Corp. v. 

Valmet Oy, 742 F.2d 1421, 1423 (Fed. 

Cir. 1984). The Commission has 

determined not to review the remainder 

of the ID. The investigation is hereby 

terminated with a final determination of 

no violation of section 337. 

The Commission vote for this 

determination took place on September 

3, 2021. 

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: September 3, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–19510 Filed 9–9–21; 8:45 am] 

BILLING CODE 7020–02–P 


jbell on DSKJLSW7X2PROD with NOTICES