UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN UV CURABLE COATINGS
`FOR OPTICAL FIBERS, COATED
`OPTICAL FIBERS, AND PRODUCTS
`CONTAINING SAME
`
`Investigation No. 337-TA-1031
`
`NOTICE OF COMMISSION DETERMINATION TO REVIEW IN PART A FINAL
`INITIAL DETERMINATION FINDING A VIOLATION OF SECTION 337;
`EXTENSION OF TARGET DATE
`
`AGENCY: U.S. International Trade Commission.
`
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission (the
`"Commission") has determined to review in part the final initial determination (the "ID") issued
`by the presiding administrative law judge ("AU") on February 15, 2018, finding a violation of
`section 337 of the Tariff Act of 1930, as amended, in connection with certain asserted patents.
`The Commission has also determined to extend the target date for the completion of this
`investigation from June 18, 2018, to June 25, 2018.
`
`FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel,
`U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-
`205-3427. Copies of non-confidential documents filed in connection with this investigation are
`or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the
`Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington,
`DC 20436, telephone 202-205-2000. General information concerning the Commission may also
`be obtained by accessing its Internet server at https://www. usitc.gov. The public record for this
`investigation may be viewed on the Commission's electronic docket ("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, telephone 202-205-1810.
`
`SUPPLEMENTARY INFORMATION: On December 5, 2016, the Commission instituted this
`investigation based on a complaint filed by DSM Desotech, Inc. of Elgin, IL; and DSM IP Assets
`B.V. of Heerlen, Netherlands (collectively, "DSM" or "Complainants"). 81 FR 87588-89 (Dec.
`5, 2016). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended,
`19 U.S.C. 1337 ("section 337"), based upon the importation into the United States, the sale for
`importation, or the sale within the United States after importation of certain UV curable coatings
`for optical fibers, coated optical fibers, and products containing same by reason of infringement
`of one or more of claims 1-8, 10-15, and 18-22 of U.S. Patent No. 6,961,508 ("the '508 patent");
`
`

`

`claims 1-10 and 13-15 of U.S. Patent No. 7,171,103 ("the '103 patent"); claims 2-4,9, 11-12,
`and 15 of U.S. Patent No. 7,067,564 ("the '564 patent"); and claims 1-3, 9, 12, 16-18, 21, and 30
`of U.S. Patent No. 7,706,659 ("the '659 patent"). Id. The Commission's Notice of Investigation
`named as respondents Momentive UV Coatings (Shanghai) Co., Ltd. of Shanghai, China
`("MUV"); and OFS Fitel, LLC of Norcross, Georgia ("OFS") (collectively, "Respondents"). Id.
`The Office of Unfair Import Investigations ("OUII") was also named as a party in this
`investigation. Id.
`
`Prior to the evidentiary hearing, DSM withdrew its allegations as to certain patent claims.
`See Order 12 (Apr. 12, 2017), unreviewed, Notice of Commission Determination Not to Review
`an Initial Determination Granting Complainants' Unopposed Motion to Terminate this
`Investigation with respect to One Patent Claim (May 11, 2017); Order 50 (Aug. 25, 2017),
`unreviewed, Notice of Commission Determination Not to Review An Initial Determination
`Withdrawing from the Complaint Certain Allegations Regarding U.S. Patent No. 7,067,564
`(Sept. 15, 2017). DSM proceeded at the evidentiary hearing on the following patents and claims:
`claims 1-8, 11-15, 18-19, 20-21, and 22 of the '508 patent; claims 1-10 and 13-15 of the '103
`patent; and claims 1-3, 9, 12, 16-18, 21, and 30 of the '659 patent.
`
`On February 15, 2018, the All issued the ID, which finds only MUV in violation of
`section 337, and only as to the '508 and '103 patents. The AU J recommended that the
`Commission issue a limited exclusion order directed to MUV's infringing products. The AUJ
`also recommended a bond of forty percent of entered value during the Presidential review period.
`See 19 U.S.C. 1337(j)(3).
`
`On February 27-28, 2018, OUII, DSM, MUV, and OFS filed petitions for review of the
`ID, and on March 7-8, 2018, the parties filed responses to the petitions. On March 19, 2018, the
`private parties filed statements on the public interest. The Commission also received comments
`on the public interest from members of the public.
`
`Having examined the record in this investigation, including the ID, the petitions for
`review, and the responses thereto, the Commission has determined to review the ID in part. In
`particular, the Commission has determined to review the following:
`
`(1) Whether respondent OFS imports respondent MUV's accused
`KS1-043/048 coating.
`
`(2) Whether claim 30 of '659 patent is invalid for lack of written
`description.
`
`(3) Whether claims 1-8, 11, 15, and 18-19 of the '508 patent are
`invalid for lack of written description and enablement.
`
`(4) Whether claim 21 of the '508 patent and claims 1-10 and 13-15 of
`the '103 patent are invalid for lack of written description and enablement.
`
`(5) Whether the accused products infringe the '508, '103, and '659
`patents.
`
`2
`
`

`

`(6) Whether the technical and economic prongs of the domestic
`industry requirement have been met for the '508, '103, and '659 patents.
`
`The Commission has determined to not review the remainder of the ID. The Commission does
`not request any briefing at this time.
`
`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: April 16, 2018
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`

`

`CERTAIN UV CURABLE COATING FOR OPTICAL
`FIBERS, COATED OPTIONAL FIBERS, AND PRODUCTS
`CONTAINING SAME
`
`Inv. No. 337-TA-1031
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand
`upon the Commission Investigative Staff, Claire K. Comfort, Esq., and the following parties, as
`indicated, on April 16, 2018.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants DSM Desotech, Inc. and DSM IP
`Assets B.V.:
`
`Christine E. Lehman, Esq.
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`
`On Behalf of Respondent Momentive UV Coatings (Shanghai)
`Co. Ltd.:
`
`Edmond R. Bannon, Esq.
`FISH & RICHARDSON P.C.
`601 Lexington Avenue, 52nd Floor
`New York, NY 10022
`
`On Behalf of Respondent OFS Fitel, LLC:
`
`Bradley J. Olson, Esq.
`BARNES & THORNBURG, LLP
`1717 Pennsylvania Avenue, NW, Suite 500
`Washington, DC 20006
`
`Li Via Hand Delivery
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