`
`Washington, DC.
`
`In the Matter of
`
`Inv. No. 337-TA-1094
`
`
`
`
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`CERTAIN IOT DEVICES AND COMPONENTS
`
`THEREOF (IOT, THE INTERNET OF
`THINGS) — WEB APPLICATIONS DISPLAYED
`ON A WEB BROWSER
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`ORDER NO. 8:
`-
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`EMERGENCY MOTION To
`DENYING RESPONDENTS’
`TERMINATE THE INVESTIGATION FOR FAILURE TO
`
`COMPLY WITH COMMISSION RULE 210.21(A)(1)
`
`On January 29, 2018, Respondents Apple Inc., Facebook, Inc., ,Samsung Electronics
`
`(February 20, 2018)
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`America, Inc., and Samsung Electronics Co., Ltd.
`
`(collectively, “Respondents”) moved to
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`terminate (1094-001) the Investigation for good cause. On February 8, 2018, Complainants
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`opposed the motion. The Commission Investigative Staff filed a response in support of
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`Respondents’ motion.
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`Commission Rule 210.21 (a)(l) States in relevant part:
`
`(a) Motions for termination. (1) Any party may move at any time prior to the
`issuance of an initial determination on violation of section 337 of the Tariff Act of
`1930 to terminate an investigation in whole or in part as to any or all respondents,
`on the basis of Withdrawal of the complaint or certain allegations contained
`therein, or for good cause other than the grounds listed in paragraph (a)(2) of this
`section. A motion for termination of an investigation based on withdrawal of
`the complaint, or for good cause, shall contain a statement that there are no
`agreements, written or oral, express or
`implied between the parties
`concerning the subject matter of the investigation, or if there are any
`agreements concerning the subject matter of the investigation, all such
`agreements shall be identified, and if written, a copy Shall be filed with the
`Commission along with the motion.
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`19 C.F.R. § 210.2l(a)(1) (emphasis added). Respondents’ motion did not include the
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`requisite statement.
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`
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`Accordingly, Respondents’ motion to terminate (1094-001) is hereby denied.l
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`SO ORDERED.
`
`'
`
`g
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`Charles E. Bullock
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`Chief Administrative Law Judge
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`1 This denial does not preclude Respondents from refiling their motion.
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`-2-
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`
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`CERTAIN IOT DEVICES AND COMPONENTS THEREOF
`
`Inv. N0. 337-TA-‘1094
`
`.
`(IOT, THE INTERNET OF THINGS) —WEB
`APPLICATIONS DISPLAYED ON A WEB BROWSER
`
`-
`
`‘
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`I, Lisa R. Barton, hereby certify that the attached ORDER NO. 8 has been served by
`hand upon the Commission Investigative Attorney, Jeffrey Hsu, Esq., and the following parties
`as indicated, on February 20, 2018.
`
`'
`
`
`' Lisa R, Barton Secretary
`US. International Trade Commission
`500 E Street SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Lakshmi-Arunachalam, Ph.D.;
`Wechhange, Inc.:
`
`Dr. Lakshmi Arunachalam
`222 Stanford Ave.
`Menlo Park, CA 94025
`
`On Behalf Of Respondent Apple Inc.:
`
`Brian E. Ferguson
`WEIL, GOTSHAL & MANGES LLP
`2001 M Street, NW, Suite 600
`Washington, DC 20036
`
`'
`
`|:| Via Hand Delivery
`El Via Express Delivery
`EfVia First Class Mail
`
`Cl Other:
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`[3 Via Hand Delivery
`E] Via Express Delivery
`Efvm First Class Mail ‘
`D 0ther'
`
`-
`
`On Behalf of Respondents Samsung-Electronics America,
`Inc. and Samsng Electronics Co., Ltd.:
`
`Sturgis M. Sobin
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washlngton, DC 20001
`
`On Behalfof Respondent FaceboOk:
`
`Stephen R. Smith
`COOLEY LLP
`1299 Pennsylvania Ave., NW
`Washington, DC 20004
`
`Cl Via Hand Delivery
`[:I Via Express Delivery
`Bf Via First Class Mail
`El Other:
`
`‘
`
`.
`
`D Via Hand Delivery
`El Via Express Delivery
`[j Via First Class Mail
`C] Other'
`
`
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