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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`In the Matter of
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`CERTAIN RADIO FREQUENCY
`TRANSMISSION DEVICES AND
`COMPONENTS THEREOF
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`INV. NO. 337-TA-1278
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`ORDER NO. 20: INITIAL DETERMINATION TERMINATING THE
`INVESTIGATION AS TO CERTAIN CLAIMS
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`(May 2, 2022)
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`On April 22, 2022, complainant Zebra Technologies Corporation (Zebra) filed a motion
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`(Mot.) seeking to terminate this investigation in part based on withdrawal of the complaint with
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`respect to asserted claims 7, 8, and 16 of U.S. Patent No. 6,895,219 (the ’219 patent). Motion
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`Docket No. 1278-024. Respondent OnAsset Intelligence, Inc., (OnAsset) does not oppose the
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`requested relief. See Mot. at 1.
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`Commission Rule 210.21(a)(1) provides, in relevant part:
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`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. . . . A motion for termination of an investigation based on
`withdrawal of the complaint . . . 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.§ 210.21(a)(1).
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`I find that the pending motion for partial termination of this investigation based on
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`withdrawalofpart ofthe complaint complies with the Commission Rules. Specifically, the motion
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`was made before the issuance of any initial determination on violation of section 337. Moreover,
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`Zebra states, “There are no other agreements, written or oral, express or implied, between the
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`Moving Parties concerning the subject matter of this motion.”! Mot. at 1. In addition, there are
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`no extraordinary circumstances that warrant denying the motion.
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`Accordingly, it is my initial determination that Motion No. 1278-024 is granted. The
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`investigation is terminated with respectto allegations of infringementbased on claims 7, 8, and 16
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`of the ’219 patent.? This initial determination, along with supporting documentation, is hereby
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`certified to the Commission.
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`Pursuant to 19 C.F.R. § 210.42(h),this initial determination shall become the determination
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`of the Commission unless a party files a petition for review ofthe initial determination pursuant
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`to 19 C.F.R. § 210.43(a), or the Commission, pursuant to 19 C.F.R. § 210.44, orders on its own
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`motion a review ofthe initial determination or certain issues herein.
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`SO ORDERED.
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`f)
`{/
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`/
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`f
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`f/f
`AY,
`|
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`J
`Clark S. Cheney
`.
`Chief Administrative Law Judgé
`N
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`' As the pending motion was filed by Zebra alone andis not a joint motion filed by Zebra and
`OnAsset, use of the phrase “Moving Parties” seemsto be an inadvertent error. I understand Zebra
`to mean that there are no other agreements, written or oral, express or implied, between Zebra and
`OnAsset concerning the subject matter of this motion.
`? Zebra continuesto allege infringementof claims 1, 3-6, 10-11, and 13-15 of the ’219 patent and
`claims 17-19 of U.S. Patent No. 7,683,788. See 86 Fed. Reg. 49344 (Sept. 2, 2021). Zebra also
`intends to rely on claims 8 and 16 of the ’219 patent to prove satisfaction of the technical prong of
`the domestic industry requirement. Mot.at 2.
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