or;
`6971
`Federal Register/Vol. 85, No. 25/Thursday, February 6, 2020/Notices
`
`SUPPLEMENTARY INFORMATION: The
`
`Commission instituted this investigation
`on March 12, 2019, based on a
`complaint filed by RegenLab USA LLC
`of New York, New York (“RegenLab”).
`84 FR 8891 (Mar. 12, 2019). The
`complaint, as amended, 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, and the sale within
`the United States after importation of
`certain blood separation and cell
`preparation devices by reason of
`infringement of certain claims of U.S.
`Patent No. 10,064,894. Id. The amended
`complaint further alleges that an
`industry in the United States exists as
`required by section 337. Id. The notice
`of investigation named as respondents
`Estar Technologies, Ltd. of Holon, Israel,
`and Eclipse MedCorp, LLC of The
`Colony, Texas (collectively,
`“Respondents”). Id. The Office of Unfair
`Import Investigations (“OUII”) was
`named as a party to the investigation. Id.
`On November 13, 2019, RegenLab
`filed a motion to terminate the
`
`investigation in its entirety based on the
`withdrawal of the complaint. On
`November 15, 2019, Respondents filed a
`response stating that they did not
`oppose the motion to terminate, on the
`condition that an order to show cause
`
`issue regarding whether RegenLab and
`its previous counsel should not be
`sanctioned. On November 22, 2019,
`Respondents filed a motion seeking that
`show cause order. On November 25,
`2019, OUII filed a response supporting
`the motion to terminate the
`
`investigation.
`On December 20, 2019, the presiding
`administrative law judge (“ALI”) issued
`Order No. 16, which denied
`Respondents’ motion for the show cause
`order.
`Also on December 20, 2019, the AL]
`issued Order No. 17, the subject ID,
`granting pursuant to 19 CFR 210.21(a)
`RegenLab’s motion to terminate the
`investigation. The ID finds that
`RegenLab’s motion complies with the
`Commission’s Rules. No petitions for
`review were filed.
`The Commission has determined not
`
`to review the subject ID. However, the
`Commission notes that RegenLab filed
`its motion to terminate six days before
`the hearing was scheduled to begin,
`after extensive proceedings, including
`discovery, had occurred before the AL).
`As a general matter, the Commission
`notes that withdrawal of a complaint at
`such a late stage of the investigation
`raises questions about what effect, if
`any, termination would have on a future
`complaint that might be filed based on
`
`the same or similar alleged violations of
`section 337 by the same respondents,
`and how the record from the terminated
`
`investigation may be used in such a
`future investigation. This investigation
`is terminated.
`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: January 31, 2020.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2020—02337 Filed 2—5—20; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337—TA—1089]
`
`Certain Memory Modules and
`Components Thereof; Commission
`Determination To Review in Part a
`Final Initial Determination Finding a
`Violation of Section 337; Schedule for
`Filing Written Submissions on the
`Issues Under Review and on Remedy,
`the Public Interest, and Bonding;
`Extension of the Target Date
`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 (“ALI”),
`finding a violation of section 337 of the
`Tariff Act of 1930. The Commission
`
`requests briefing from the parties on
`certain issues under review, as
`indicated in this notice. The
`
`Commission also requests briefing from
`the parties and interested persons on the
`issues of remedy, the public interest,
`and bonding. The Commission has also
`determined to extend the target date for
`the completion of the above-captioned
`investigation to April 7, 2020.
`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 are or will be available for
`inspection during official business
`hours (8:45 am. 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 (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 on (202) 205—1810.
`SUPPLEMENTARY INFORMATION: The
`
`Commission instituted this investigation
`on December 4, 2017, based on a
`complaint filed by Netlist, Inc. of Irvine,
`California (“Netlist”). 82 FR 57290—91.
`The complaint, as supplemented,
`alleges violations of section 337 of the
`Tariff Act of 1930, as amended, 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 memory
`modules and components thereof that
`infringe claims 1—8, 10, 12, 14, 16—22,
`24, 25, 27, 29—35, 38, 43—45, 47, 48, 50,
`52, and 58 of U.S. Patent No. 9,606,907
`(“the ’907 patent”) and claims 1—5, 7—
`15, 17—25, 27, and 29 of U.S. Patent No.
`9,535,623 (“the ’623 patent”). Id. The
`Commission’s notice of investigation
`named as respondents SK hynix Inc. of
`the Republic of Korea; SK hynix
`America Inc. of San Jose, California; and
`SK hynix memory solutions Inc. of San
`Jose, California (together, “SK hynix”).
`Id. at 57291. The Office of Unfair Import
`Investigations (“OUII”) is also
`participating in this investigation. Id.
`The Commission subsequently
`terminated the investigation with
`respect to claims 16—22, 24, 25, 27, 29—
`35,38, 43—45, 47, 48, 50, 52, and 58 0f
`the ’907 patent and claims 12—15, 17—
`25, 27, and 29 of the ’623 patent based
`on Netlist’s partial withdrawal of its
`complaint. See Order. No. 12 (Mar. 19,
`2018), not reviewed, Notice (Apr. 5,
`2019); Order. No. 19 (Sept. 25, 2018),
`not reviewed, Notice (Oct. 15, 2018);
`Order. No. 27 (Dec. 6, 2018), not
`reviewed, Notice (Dec. 21, 2018).
`Accordingly, at the time of the Final ID,
`the remaining asserted claims were
`claims 1—8, 10, 12, 14, and 15 of the
`’907 patent and claims 1—5 and 7—11 of
`the ’623 patent.
`On October 19, 2019, the AL] issued
`a final initial determination (“Final ID”)
`finding a violation of section 337 with
`respect to claims 6 and 12 of the ’907
`patent. Final ID at 164—65. The AL]
`found that Netlist showed that SK hynix
`infringes claims 1—8, 10, 12, 14, and 15
`of the ’907 patent, but failed to show
`
`

`

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`
`that SK hynix infringed any claim of the
`’623 patent. The ALI also found that SK
`hynix showed that claims 1—5, 7, 8, 10,
`14, and 15 of the ’907 patent are invalid
`as obvious, but failed to show the
`invalidity of claims 6 and 12. Finally,
`the AL] found that Netlist satisfied the
`domestic industry requirement with
`respect to the ’907 patent, but did not
`satisfy the domestic industry
`requirement with respect to the ’623
`patent.
`On November 4, 2019, SK hynix and
`OUII petitioned for review of the Final
`ID with respect to many issues involved
`in the finding of violation with respect
`to the ’907 patent. Also on November 4,
`2019, Netlist contingently petitioned for
`review of the Final ID with respect to
`certain issues related to the ’907 patent.
`On November 12, 2019, the parties filed
`responses to each other’s petitions.
`Because Netlist did not petition for
`review of the Final ID’s finding that SK
`hynix did not violate section 337 with
`respect to the ’623 patent, the
`Commission finds that Netlist has
`abandoned that contention and that
`there is no violation of section 337 with
`
`respect to the ’623 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”).
`Having examined the record of this
`investigation, including the ALI’S final
`ID, the petition for review, and the
`responses thereto, the Commission has
`determined to review the final ID in
`
`part. Specifically, the Commission has
`determined to review the following
`issues: (1) The construction of the
`limitation “receive” in the asserted
`
`claims of the ’907 patent, as well as
`related issues of infringement and
`invalidity; (2) the construction of the
`limitation “produce first module control
`signals and second module control
`signals in response to the set of input
`address and control signals” in the
`asserted claims of the ’907 patent, as
`well as related issues of infringement
`and invalidity; (3) the domestic industry
`requirement with respect to both of the
`’623 and ’907 patents; and (4) the
`findings with respect to both of the ’623
`and ’907 patents regarding whether SK
`hynix showed that Netlist violated its
`obligations, if any, to offer a license on
`reasonable and non-discriminatory
`(RAND) terms. The Commission has
`determined not to review any other
`findings presented in the Final ID.
`The Commission has also determined
`
`to extend the target date for the
`completion of the investigation until
`April 7, 2020.
`In connection with its review, the
`Commission is interested in briefing on
`
`certain issues. The Commission is not
`
`requesting new argument, so for each
`response, the parties are to identify
`where they previously made such an
`argument in their pre- and post-hearing
`briefs. The Commission is interested in
`
`briefing on the following issues:
`1. If the Commission were to view the
`limitation ”set of input address and control
`signals” as referring to a group of input
`address and control signals, what evidence is
`there in the record regarding whether or not
`the accused products and domestic industry
`products satisfy the limitation “produce first
`module control signals and second module
`control signals in response to the set of input
`address and control signals”?
`2. Please explain, with reference to
`supporting evidence in the record, whether
`the ’907 and ’623 patents are essential to any
`)EDEC standard.
`3. Please explain, with reference to
`supporting evidence in the record, whether
`the alleged domestic industry products’
`compliance with IEDEC standards is
`sufficient to satisfy each and every limitation
`of a claim of the ’907 patent.
`4. Please describe the status of Netlist’s
`activities and investments with respect to the
`articles protected by the ’907 and ’623
`patents at the time of Netlist’s filing of the
`complaint in this investigation. Additionally,
`please describe the current status of Netlist’s
`domestic industry investments and activities
`with respect to the articles protected by the
`’907 and ’623 patents.
`
`The parties are invited to brief only the
`discrete issues described above, with
`reference to the applicable law and
`evidentiary record. The parties are not
`to brief other issues on review, which
`are adequately presented in the parties’
`existing filings.
`In connection with the final
`
`disposition of this investigation, the
`statute authorizes issuance of (1) an
`order that could result in the exclusion
`
`of the subject articles from entry into the
`United States, and/or (2) cease and
`desist orders that could result in the
`
`respondents being required to cease and
`desist from engaging in unfair acts in
`the importation and sale of such
`articles. Accordingly, the Commission is
`interested in receiving written
`submissions that address the form of
`
`remedy, if any, that should be ordered.
`If a party seeks exclusion of an article
`from entry into the United States for
`purposes other than entry for
`consumption, the party should so
`indicate and provide information
`establishing that activities involving
`other types of entry either are adversely
`affecting it or likely to do so. For
`background, see Certain Devices for
`Connecting Computers Via Telephone
`Lines, Inv. No. 337—TA—360, USITC
`Pub. No. 2843, Comm’n Op. at 7—10
`(December 1994).
`
`The statute requires the Commission
`to consider the effects of that remedy
`upon the public interest. The public
`interest factors the Commission will
`consider include the effect that an
`exclusion order and/or a cease and
`desist order would have on (1) the
`public health and welfare, (2)
`competitive conditions in the U.S.
`economy, (3) U.S. production of articles
`that are like or directly competitive with
`those that are subject to investigation,
`and (4) U.S. consumers. The
`Commission is therefore interested in
`
`receiving written submissions that
`address the aforementioned public
`interest factors in the context of this
`
`investigation. The Commission is
`particularly interested in briefing on the
`following issues:
`1. Please discuss whether the market
`demand in the United States for memory
`modules and components thereof would be
`satisfied if the Commission issued remedial
`relief against SK hynix regarding the ’907
`patent. Please address whether that that
`demand could be satisfied by non-infringing
`RDIMMs, Netlist licensees, or others.
`2. Please discuss the types of U.S.
`consumers that purchase and use the accused
`products, and discuss the potential impact on
`those consumers if the Commission were to
`issue remedial relief against SK hynix
`regarding the ’907 patent.
`3. Please explain whether and to what
`extent servers require uniform memory
`modules, so the operator of a server would
`have to replace the whole server system
`based on the failure of a single memory
`module if that specific memory module was
`no longer available. Please explain whether
`the issuance of remedial relief against SK
`hynix regarding the ’907 patent would have
`such an effect, and, if so, the extent of that
`effect.
`
`If the Commission orders some form
`
`of remedy, the U.S. Trade
`Representative, as delegated by the
`President, has 60 days to approve,
`disapprove, or take no action on the
`Commission’s determination. See
`
`Presidential Memorandum of July 21,
`2005, 70 FR 43251 (July 26, 2005).
`During this period, the subject articles
`would be entitled to enter the United
`States under bond, in an amount
`determined by the Commission and
`prescribed by the Secretary of the
`Treasury. The Commission is therefore
`interested in receiving submissions
`concerning the amount of the bond that
`should be imposed if a remedy is
`ordered.
`Written Submissions: The
`
`Commission requests that the parties to
`the investigation file written
`submissions on the issues identified in
`
`this notice. The Commission encourages
`parties to the investigation, interested
`government agencies, and any other
`
`

`

`6973
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`
`interested parties to file written
`submissions on the issues of remedy,
`the public interest, and bonding. Such
`initial written submissions should
`include views on the recommended
`
`determination by the ALJ on remedy,
`the public interest, and bonding, which
`issued in the same document as the
`Final ID on October 21, 2019. Netlist
`and the Commission Investigative
`Attorney are also requested to identify
`the form of the remedy sought and to
`submit proposed remedial orders for the
`Commission’s consideration in their
`initial written submissions. Netlist is
`
`further requested to state the date when
`the ’907 patent expires, provide the
`HTSUS numbers under which the
`
`subject articles are imported, and
`supply a list of known importers of the
`subject article. The written submissions,
`exclusive of any exhibits, must not
`exceed 50 pages, and must be filed no
`later than close of business on February
`14, 2020. Reply submissions must not
`exceed 25 pages, and must be filed no
`later than the close of business on
`
`February 21, 2020. No further
`submissions on these issues will be
`
`permitted unless otherwise ordered by
`the Commission.
`Persons filing written submissions
`must file the original document
`electronically on or before the deadlines
`stated above and submit 8 true paper
`copies to the Office of the Secretary by
`noon the next day pursuant to section
`210.4(f) of the Commission’s Rules of
`Practice and Procedure (19 CFR
`210.4(f)). Submissions should refer to
`the investigation number (“Inv. No.
`337—TA—1089”) in a prominent place on
`the cover page and/ or the first page. (See
`Handbook for Electronic Filing
`Procedures, http://www.usitc.gov/
`secretary/fed_reg_notices/rules/
`handbook_on_electronicjlingpdj).
`Persons with questions regarding filing
`should contact the Secretary (202—205—
`2000).
`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
`of this or a related proceeding, or (b) in
`internal investigations, audits, reviews,
`and evaluations relating to the
`programs, personnel, and operations of
`the Commission including under 5
`U.S.C. Appendix 3; or (ii) by U.S.
`government employees and contract
`personnel,1 solely for cybersecurity
`purposes. All nonconfidential written
`submissions will be available for public
`inspection at the Office of the Secretary
`and on EDIS.
`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: January 31, 2020.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2020—02336 Filed 2—5—20; 8:45 am]
`BILLING CODE 7020—02—P
`
`
`DEPARTMENT OF JUSTICE
`
`[OMB Number 1124—0001]
`
`Agency Information Collection
`Activities; Proposed eCollection
`eComments Requested; Extension
`Without Change, of a Previously
`Approved Collection; Registration
`Statement of Foreign Agents (FORM
`NSD—1)
`
`AGENCY: Foreign Agents Registration Act
`Unit (FARA Unit), Counterintelligence
`and Export Control Section (CES),
`National Security Division (NSD), U.S.
`Department of Justice.
`
`ACTION: 60-Day notice.
`
`SUMMARY: The Department of Justice
`(DOJ), Foreign Agents Registration Act
`(FARA Unit), Counterintelligence and
`Export Control Section (CES), National
`Security Division (NSD), will be
`submitting the following information
`collection request to the Office of
`Management and Budget (OMB) for
`review and approval in accordance with
`the Paperwork Reduction Act of 1995.
`The proposed information collection is
`published to obtain comments from the
`public and affected agencies.
`DATES: Comments are encouraged and
`will be accepted for 60 days until April
`6, 2020.
`FOR FURTHER INFORMATION CONTACT: If
`
`you have additional comments,
`
`1 All contract personnel will sign appropriate
`nondisclosure agreements.
`
`especially on the estimated public
`burden or associated response time,
`suggestions, or need a copy of the
`proposed information collection
`instrument with instructions or
`
`additional information, please contact
`Brandon L. Van Grack, Deputy Section
`Chief, Counterintelligence and Export
`Control Section, National Security
`Division, 175 N Street NE, Constitution
`Square Building Three (“3CON”)—
`Room 1.100, Washington, DC 20002
`(phone: 202—233—0776).
`SUPPLEMENTARY INFORMATION: Written
`
`comments and suggestions from the
`public and affected agencies concerning
`the proposed collection of information
`are encouraged. Your comments should
`address one or more of the following
`four points:
`—Evaluate whether the proposed
`collection of information is necessary
`for the proper performance of the
`functions of the National Security
`Division, including whether the
`information will have practical utility;
`—Evaluate the accuracy of the agency’s
`estimate of the burden of the
`
`proposed collection of information,
`including the validity of the
`methodology and assumptions used;
`—Evaluate whether and if so how the
`
`quality, utility, and clarity of the
`information to be collected can be
`enhanced; and
`—Minimize the burden of the collection
`of information on those who are to
`
`respond, including through the use of
`appropriate automated, electronic,
`mechanical, or other technological
`collection techniques or other forms
`of information technology, e.g.,
`permitting electronic submission of
`responses.
`Overview of This Information
`Collection
`
`1. Type of Information Collection:
`Extension of a currently approved
`collection.
`
`2. The Title of the Form/Collection:
`Registration Statement (Foreign Agents).
`3. The agency form number, if any,
`and the applicable component of the
`Department sponsoring the collection:
`The form number is NSD—l. The
`
`applicable component within the
`Department of Justice is the Foreign
`Agents Registration Act (FARA Unit),
`Counterintelligence and Export Control
`Section, in the National Security
`Division.
`
`4. Afiected public who will be asked
`or required to respond, as well as a brief
`abstract: Primary: Private Sector,
`Business or other for-profit, Not-for-
`profit institutions, and individuals. The
`form contains Registration Statement
`
`