`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN ACTIVE MATRIX
`ORGANIC LIGHT-EMITTING DIODE
`DISPLAY PANELS AND MODULES
`FOR MOBILE DEVICES, AND
`COMPONENTS THEREOF
`
`
`
`ORDER NO. 39:
`
`
`Inv. No. 337-TA-1351
`
`
`INITIAL DETERMINATION GRANTING COMPLAINANT’S
`UNOPPOSED MOTION FOR PARTIAL TERMINATION BY
`WITHDRAWAL OF CERTAIN CLAIMS OF THE ASSERTED
`PATENTS
`
`
`
`(December 7, 2023)
`
`On November 21, 2023, Complainant Samsung Display Co., Ltd. (“Complainant”) filed a
`
`motion (Mot. 1351-017) seeking partial termination of this investigation by withdrawal of claims
`
`1, 5, 17, and 18 of U.S. Patent No. 7,414,599 (“the ’599 Patent”), claims 1, 7, 8, and 19 of U.S. Patent
`
`No. 9,330,593 (“the ’593 Patent”), claims 4 and 20 of U.S. Patent No. 9,818,803 (“the ’803 Patent”),
`
`claims 3, 8, and 11 of U.S. Patent No. 10,854,683 (“the ’683 Patent”), and claims 2, 6, 14, 19, 21, 23,
`
`44, and 52 of U.S. Patent No. 11,594,578 (“the ’578 Patent”).1 Respondents Mianyang BOE
`
`Optoelectronics Technology Co., Ltd., Injured Gadgets, LLC; Phone LCD Parts LLC, d/b/a
`
`Parts4LCD, and Wholesale Gadget Parts, Inc. do not oppose the motion. Mot. at 1. On December 1,
`
`2023, the Commission Investigative Staff filed a response in support of the motion.
`
`Commission Rule 210.21(a)(1) provides, in relevant part:
`
`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
`
`1 Claims 3 and 11 of U.S. Patent No. 10,854,683 and claim 14 of U.S. Patent No. 11,594,578 were
`only asserted for domestic industry purposes and not for infringement. Compare Amended
`Complaint at ¶ 365 (identifying domestic industry claims) with id. at ¶ 8 (identifying infringement
`claims).
`
`

`

`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.
`
`19 C.F.R. § 210.21(a).
`
`I find that the pending motion for partial termination of this investigation based on
`
`withdrawal of part of the complaint complies with the Commission Rules. See Staff Resp. at 2.
`
`Specifically, the motion was made before issuance of any initial determination on violation of
`
`section 337. Moreover, Complainant certifies that, other than stipulations that have been filed on
`
`EDIS in this investigation2 and a settlement agreement related to a pending motion to terminate
`
`Respondents Apt-Ability LLC d/b/a MobileSentrix and Mobile Defenders, LLC, “there are no
`
`agreements, written or oral, express or implied between the parties concerning the subject matter
`
`of the investigation.” Mot. at 6. In addition, there are no extraordinary circumstances that warrant
`
`denying the motion.
`
`Accordingly, it is my initial determination that Motion No. 1351-017 is granted.
`
`The investigation is terminated with respect to claims 1, 5, 17, and 18 of U.S. Patent No.
`
`7,414,599, claims 1, 7, 8, and 19 of U.S. Patent No. 9,330,593, claims 4 and 20 of U.S. Patent
`
`No. 9,818,803, claims 3, 8, and 11 of U.S. Patent No. 10,854,683, and claims 2, 6, 14, 19, 21, 23,
`
`44, and 52 of U.S. Patent No. 11,594,578.
`
`This initial determination is hereby certified to the Commission.
`
`2 Such stipulations relate to either discovery (see EDIS Doc. IDs 791577, 796357, 802910),
`importation or sales after importation of the accused products (see EDIS Doc. IDs 803422, 803421,
`803423, 808102, 807782), or representative products (see EDIS Doc. ID 808453).
`
`2
`
`

`

`Pursuant to 19 C.F.R. § 210.42(h), this initial determination shall become the determination
`
`of the Commission unless a party files a petition for review of the initial determination pursuant
`
`to 19 C.F.R. § 210.43(a), or the Commission, pursuant to 19 C.F.R. § 210.44, orders on its own
`
`motion a review of the initial determination or certain issues herein.
`
`SO ORDERED.
`
`3
`
`