27182 Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Notices 

1By failing to assert that Respondents infringe 

claims 2–3, 5, 6, 9, and 11–14 of the ’305 patent 

and claim 8 of the ’677 patent in its prehearing and 

posthearing briefs Complainant abandoned the 

above-referenced claims under Ground Rule 7(c). 

2With respect to the ’853 patent, Vice Chair 

Stayin would review the ID’s claim construction of 

the term ‘‘overall transmission capacity,’’ and find 

the term should be given its plain and ordinary 

meaning. Nonetheless, Vice Chair Stayin agrees that 

even under this revised construction the accused 

products do not infringe the asserted claims of the 

’853 patent, and the domestic industry products do 

not practice the claims of the ’853 patent, for many 

of the reasons articulated in the ID. Accordingly, he 

joins the Commission’s decision to affirm the ID’s 

findings of no violation as to the ’853 patent. 

3Chair Kearns and Vice Chair Stayin note that 

they do not read anything in the ID (see, e.g., ID 

at 207 and 260–61) as foreclosing a finding of a 

violation of section 337, under appropriate facts, 

based on direct infringement by a respondent where 

the accused article is combined post-importation 

with other articles to infringe an asserted patent 

claim. 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1227] 

Certain Routers, Access Points, 

Controllers, Network Management 

Devices, Other Networking Products, 

and Hardware and Software 

Components Thereof; Commission 

Determination To Review in Part a 

Final Initial Determination Finding No 

Violation of Section 337 and, on 

Review, To Affirm the Finding of No 

Violation; 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 

in part a final initial determination 

(‘‘ID’’) issued by the presiding 

administrative law judge (‘‘ALJ’’) on 

December 7, 2021, finding no violation 

of section 337 in the above-referenced 

investigation and, on review, to affirm 

the finding of no violation. The 

investigation is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Michael Liberman, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2392. 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 

October 28, 2020, the Commission 

instituted this investigation under 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, based on a 

complaint filed by Q3 Networking LLC 

of Frisco, Texas (‘‘Q3’’). 85 FR 68367– 

68 (Oct. 28, 2020). The complaint 

alleged a violation of section 337 in the 

importation into the United States, the 

sale for importation, or the sale within 

the United States after importation of 

certain routers, access points, 

controllers, network management 

devices, other networking products, and 

hardware and software components 

thereof by reason of infringement of 

certain claims of U.S. Patent Nos. 

7,609,677 (‘‘the ’677 patent’’); 7,895,305 

(‘‘the ’305 patent’’); 8,797,853 (‘‘the ’853 

patent’’); and 7,457,627 (‘‘the ’627 

patent’’). The complaint also alleged the 

existence of a domestic industry. The 

notice of investigation named as 

respondents: CommScope Holding 

Company, Inc. of Hickory, North 

Carolina; CommScope, Inc. of Hickory, 

North Carolina; Arris US Holdings, Inc. 

of Suwanee, Georgia; Ruckus Wireless, 

Inc. of Sunnyvale, California; Hewlett 

Packard Enterprise Co. of Palo Alto, 

California; Aruba Networks, Inc. of 

Santa Clara, California; and Netgear, Inc. 

of San Jose, California (collectively, 

‘‘Respondents’’). Id. at 68368. The 

Commission’s Office of Unfair Import 

Investigations was not named as a party 

in this investigation. Id. 

Subsequently, the Commission 

permitted complainant to amend the 

complaint and notice of investigation to 

correct the corporate name of 

respondent Aruba Networks, Inc. to 

respondent Aruba Networks, LLC. Order 

15 (Mar. 5, 2021), unreviewed by Notice 

(Mar. 22, 2021). The Commission also 

partially terminated the investigation by 

withdrawal of the ’627 patent. Order No. 

26 (July 1, 2021), unreviewed by Notice 

(Jul. 26, 2021). 

On December 7, 2021, the ALJ issued 

the final ID in this investigation, 

holding that no violation of section 337 

has occurred in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation, of certain routers, access 

points, controllers, network 

management devices, other networking 

products, and hardware and software 

components thereof by reason of 

infringement of claims 1–6 of the ’677 

patent; claims 1 and 8 of the ’305 patent; 

and claims 1–9 of the ’853 patent.1

The ID found that the accused 

products do not infringe the asserted 

claims of any of the asserted patents. 

The ID also found that the domestic 

industry requirement (both technical 

and economic prongs) has not been 

satisfied with respect to the ’853, ’305, 

and ’677 patents. The ID further found 

that it has not been shown by clear and 

convincing evidence that the asserted 

claims of the ’853, ’305, and ’677 

patents are invalid. 

On December 20, 2021, Complainant 

Q3 filed a petition for review of various 

portions of the ID. Also, on December 

20, 2021, Respondents filed a contingent 

petition for review of various portions of 

the ID. On December 28, 2021, both 

Respondents and Complainant filed 

replies in response to the petition for 

review and the contingent petition for 

review, respectively. 

Having examined the record in this 

investigation, including the final ID, the 

petitions for review, and the responses 

thereto, the Commission has determined 

to review in part the ID (1) with respect 

to the economic prong of the domestic 

industry requirement, and on review, to 

take no position, and (2) in order to 

correct certain non-substantive citation 

errors pertaining to the ID’s technical 

prong findings regarding the ’305 

patent, and on review, to correct those 

errors. Specifically, the Commission 

cites to the following questions and 

answers from RX–1210C on pages 166– 

73 of the ID: (i) Q/A 17 instead of Q/A 

16 in the first full paragraph on page 

166; (ii) Q/A 32 instead of Q/A 28 on 

lines 3 and 10 in the first full paragraph 

on page 167; (iii) Q/A 24 instead of Q/ 

A 22 in the first paragraph on page 168; 

(iv) Q/A 25 instead of Q/A 23 in the 

second paragraph on page 168; (v) Q/A 

26 instead of Q/A 24 in the first 

paragraph on page 169; (vi) Q/A 29 

instead of Q/A 28 in the second 

paragraph on page 169; (vii) Q/A 21–27 

& 29 instead of Q/A 19–25 on page 169; 

(viii) Q/A 33–35 instead of Q/A 29–32 

and Q/A 35 instead of Q/A 31 in the 

first paragraph on page 170 of the ID; 

(ix) Q/A 35 instead of Q/A 29–32 in the 

second paragraph on page 170 of the ID; 

(x) Q/A 35–36 instead of Q/A 32 in the 

first paragraph on page 171 of the ID; 

(xi) Q/A 37 instead of Q/A 33 in the 

second paragraph on page 171 of the ID, 

in the first full paragraph on page 172 

of the ID, and in the first paragraph of 

page 173; and (xii) Q/A 38–41 instead 

of Q/A 34–37 and Q/A 39 instead of Q/ 

A 35 in the last paragraph on page 173. 

The Commission has determined not to 

review the remainder of the ID, 

including the ID’s finding of no 

violation of section 337 in this 

investigation.2 3


JSPEARS on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Notices 27183 

1Handbook for Electronic Filing Procedures: 

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

filing_procedures.pdf. 

The investigation is hereby 

terminated. 

The Commission vote for this 

determination took place on May 3, 

2022. 

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: May 3, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–09818 Filed 5–5–22; 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 Pneumatic Compression 

Devices and Components Thereof, DN 

3618; 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 

Precision Holdings USA Inc. and 

Innovamed Health LLC on May 2, 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 pneumatic 

compression devices and components 

thereof. The complainant names as 

respondents: ManaMed Inc. of Las 

Vegas, NV; Grandway Healthcare 

Limited of China; Vive Health LLC d/b/ 

a Coretech of Naples, FL; and Medline 

Industries Inc. of Northfield, IL. The 

complainant requests that the 

Commission issue a limited exclusion 

order, cease and desist orders 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 respondent, 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. 

3618’’) 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 

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 


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