`Washington, D.C.
`
`In the Matter of
`
`CERTAIN ELECTRICAL
`CONNECTORS, COMPONENTS
`THEREOF, AND PRODUCTS
`CONTAINING THE SAME
`
`Investigation No. 337-TA-1043
`
`NOTICE OF COMMISSION DETERMINATION TO EXTEND THE DATE FOR
`DETERMINING WHETHER TO REVIEW A FINAL INITIAL DETERMINATION
`FINDING A VIOLATION OF SECTION 337
`
`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 extend the date for determining whether to review a final initial
`determination ("ID") of the presiding administrative law judge ("AU") finding a violation of
`section 337 to June 24, 2019.
`
`FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, D.C. 20436,
`telephone (202) 708-2310. 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, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The
`public record for this investigation may be viewed on the Commission's electronic docket (EDIS)
`at hup://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 instituted this investigation on
`March 14, 2017, based on a complaint filed by J.S.T. Corporation ("JST") of Farmington Hills,
`Michigan. 82 Fed. Reg. 13654-55. 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
`and sale of certain electrical connectors, components thereof, and products containing the same
`by reason of infringement of claims 2, 4, and 9-10 of U.S. Patent No. 7,004,766 ("the '766
`patent"). The complaint further alleges the existence of a domestic industry. The
`Commission's notice of investigation named the following respondents: Robert Bosch GmbH
`
`
`
`of Baden-Wuertemberg, Germany; Bosch Automotive Products (Suzhou) Co., Ltd. of Jiangsu,
`China; and Hon Hai Precision Industry Co., Ltd. of New Tapei City, Taiwan (collectively, "the
`non-importing respondents"); Robert Bosch LLC of Broadview, Illinois; Robert Bosch, Sistemas
`Automatrices, S.A. de C.V. of Chihuahua, Mexico; Foxconn Interconnect Technology, Ltd. of
`New Tapei City, Taiwan (collectively, "the remaining respondents"); and Robert Bosch, Ltda.
`("Bosch Brazil") of Sao Paulo, Brazil. The Office of Unfair Import Investigations is not
`participating in the investigation. Bosch Brazil has been terminated from the investigation. See
`Order No. 68 (November 8, 2018), unreviewed by Comm'n Notice (December 3, 2018). Two
`IDs granting respondents' motions for summary determination of invalidity of one or more
`asserted claims of the '766 patent due to indefiniteness have been reversed by the Commission.
`See Order No. 24 (October 16, 2017), reversed by Comm'n Notice (March 26, 2018); Order No.
`30 (May 18, 2018), reversed by Comm'n Notice (July 24, 2018).
`
`On April 12, 2019, the AU J issued his final ID finding a violation of section 337. The
`ID finds that the non-importing respondents do not satisfy the importation requirement of section
`337(a)(1)(B). The ID further finds that the remaining respondents' accused products infringe
`asserted claims 2, 4, and 9-10 of the '766 patent. The ID also finds that the asserted claims are
`not invalid under 35 USC 102, 103. In addition, the ID finds that JST satisfied both prongs of
`the domestic industry requirement with respect to the '766 patent. In the same document, the
`AU J recommended that if the Commission finds a violation it should issue a limited exclusion
`order directed to respondents' infringing products and no cease and desist orders.
`
`On April 29, 2019, respondents petitioned, and JST contingently petitioned, for review of
`the final ID. On May 7, 2019, JST and respondents each filed a response in opposition to the
`other party's petition for review.
`
`The Commission has determined to extend the date for determining whether to review the
`final ID to June 24, 2019.
`
`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, 2019
`
`0o-I)
`
`Lisa R. Barton
`Secretary to the Commission
`
`2
`
`
`
`CERTAIN ELECTRICAL CONNECTORS, COMPONENTS
`THEREOF, AND PRODUCTS CONTAINING THE SAME
`
`Inv. No. 337-TA-1043
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served upon the following
`parties as indicated, on June 7, 2019.
`
`0960-3:-)
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants J.S.T. Corporation:
`
`Timothy K. Sendek, Esq.
`AKERMAN LLP
`71 S. Wacker Drive, 47th Floor
`Chicago, IL 60606
`
`\
`On Behalf of Respondents Robert Bosch GmbH, Bosch
`Automotive Products (Suzhou) Co., Ltd., Robert Bosch LLC,
`Robert Bosch, Sistemas Automotrices, S.A. de C.V., Robert
`Bosch Ltda., Hon Hai Precision Industry Co., Ltd., and
`Foxconn Interconnect Technology, Ltd.:
`
`1=1 Via Hand Delivery
`El Via Express Delivery
`IZI Via First Class Mail
`1=1 Other:
`
`Bas de Blank, Esq.
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025
`
`1=1 Via Hand Delivery
`1=1 Via Express Delivery
`[E] Via First Class Mail
`1=1 Other:
`
`