[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35247-35248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12451]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1223]


Certain Shingled Solar Modules, Components Thereof, and Methods 
for Manufacturing the Same; Notice of a Final Determination Granting a 
Joint Motion To Terminate the Investigation Based on Settlement; 
Termination of 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 has determined to grant a joint motion to terminate the 
above-captioned investigation in its entirety based on settlement. The 
investigation is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2301. 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 
<a href="/cdn-cgi/l/email-protection#5a1f1e130969123f362a1a2f29332e39743d352c"><span class="__cf_email__" data-cfemail="a8edece1fb9be0cdc4d8e8dddbc1dccb86cfc7de">[email protected]</span></a>. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On October 21, 2020, the Commission 
instituted this investigation based on a complaint filed by The Solaria 
Corporation (``Solaria'') of Fremont, California. 85 FR 67010-11 (Oct. 
21, 2020). The complaint, as supplemented, alleges violations of 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), 
based on the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain shingled solar modules, components thereof, and methods for 
manufacturing the same by reason of infringement of certain claims of 
U.S. Patent Nos. 10,522,707 (``the '707 patent''), 10,763,388 (``the 
'388 patent''), and 10,651,333 (``the '333 patent''). Id. at 67011. The 
complaint further alleges that a domestic industry (``DI'') exists. Id. 
The notice of investigation named Canadian Solar Inc. of Guelph, 
Ontario, Canada and Canadian Solar (USA) Inc.

[[Page 35248]]

of Walnut Creek, California (collectively, ``Canadian Solar'') as the 
respondents. Id. The Office of Unfair Import Investigations is not 
named as a party. Id.
    On July 15, 2021, the Commission terminated the investigation as to 
the '707 patent based on Solaria's withdrawal of the allegations in the 
complaint as to that patent. Order No. 9 (June 28, 2021), unreviewed by 
Comm'n Notice (July 15, 2021). On October 13, 2021, the Commission 
terminated the investigation as to certain claims of the '333 patent 
and the '388 patent based on Solaria's withdrawal of the allegations in 
the complaint as to those claims. Order No. 13 (Sept. 14, 2021), 
unreviewed by Comm'n Notice (Oct. 13, 2021).
    On October 22, 2021, the presiding chief administrative law judge 
(``CALJ'') issued a final initial determination (``FID'') on violation, 
finding a violation of section 337 with respect to the '388 and '333 
patents. The FID also included the CALJ's recommended determination on 
remedy and bonding.
    On November 5, 2021, Canadian Solar filed a petition for review of 
certain aspects of the FID on violation. On November 15, 2021, Solaria 
filed a response to Canadian Solar's petition.
    On November 22, 2021, Canadian Solar filed a notice of supplemental 
authority to inform the Commission that a claim construction order 
issued in a related district court litigation involving the same 
parties and patents at issue in this investigation.
    On November 23, 2021, Canadian Solar filed a submission on the 
public interest pursuant to Commission Rule 210.50(a)(4) (19 CFR 
210.50(a)(4)). The Commission did not receive a public interest 
submission from Solaria. The Commission also did not receive any 
submissions on the public interest from members of the public in 
response to the Commission's Federal Register notice. 86 FR 62845-46 
(Nov. 12, 2021).
    On February 4, 2022, the Commission determined to review the FID in 
part and to remand the FID in part to the CALJ to address, in the first 
instance, Canadian Solar's on-sale bar defenses as to the asserted 
claims of the '333 patent. 87 FR 7867-70 (Feb. 10, 2022).
    On February 18, 2022, Solaria and Canadian Solar each filed initial 
briefs on the issues under review, as well as the issues of remedy, the 
public interest, and bonding. On March 4, 2022, Solaria and Canadian 
Solar each filed reply briefs.
    On March 4, 2022, the CALJ issued a remand initial determination 
(``RID'') finding that Canadian Solar failed to show, by clear and 
convincing evidence, that the asserted claims of the '333 patent are 
anticipated under the on-sale bar of 35 U.S.C. 102.
    On March 16, 2022, Canadian Solar filed a petition for review of 
the RID. On March 23, 2022, Solaria filed a response to Canadian 
Solar's petition. On April 20, 2022, the Commission determined to 
extend the deadline for determining whether to review the RID until 
June 6, 2022.
    On June 3, 2022, the parties filed a joint motion to terminate the 
investigation based on settlement.
    The Commission has determined to grant the joint motion to 
terminate the investigation. The Commission finds that, consistent with 
Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), the Moving Parties 
attached a copy of the signed settlement and license agreement between 
the parties (the ``Settlement Agreement'') as Exhibit A, with a 
redacted version of the Settlement Agreement attached as Exhibit B. The 
Moving Parties submit that the Settlement Agreement resolves all of the 
issues in dispute in this Investigation. Mot. at 1-2. In further 
compliance with Commission Rule 210.21(b)(1), the Motion contains a 
statement that ``there are no other agreements, written or oral, 
express or implied, between the Private Parties concerning the subject 
matter of this Investigation.'' Mot. at 2. The Commission finds that 
termination of this investigation by settlement will not adversely 
affect the public interest. See 19 CFR 210.50(b)(2).
    This investigation is hereby terminated.
    The Commission vote for this determination took place on June 6, 
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: June 6, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12451 Filed 6-8-22; 8:45 am]
BILLING CODE 7020-02-P


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