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`Washington, D.C.
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`In the Matter of
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`CERTAIN ACTIVE MATRIX
`ORGANIC LIGHT-EMITTING DIODE
`DISPLAY PANELS AND MODULES
`FOR MOBILE DEVICES, AND
`COMPONENTS THEREOF
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`Inv. No. 337-TA-1351
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`ORDER NO. 40:
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`DIRECTING COMPLAINANT AND MOBILESENTRIX TO
`CONFER REGARDING THE MOTION TO TERMINATE
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`(December 7, 2023)
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`On November 16, 2023, Complainant Samsung Display Co., Ltd. (“Complainant”) and
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`Respondents Apt-Ability LLC d/b/a MobileSentrix and Mobile Defenders, LLC (collectively,
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`“MobileSentrix”) moved (1351-015) to terminate the investigation as to MobileSentrix.
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`Complainant and MobileSentrix filed a revised public version of the motion on November 24,
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`2023. See EDIS Doc. ID 809203. On November 27, 2023, Respondent Mianyang BOE
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`Optoelectronics Co., Ltd (“Mianyang BOE”) opposed the motion. See EDIS Doc. ID 809331. The
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`Commission Investigative Staff (“Staff”) also opposed the motion. EDIS Doc. ID 809289 (“Staff
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`Resp.”).
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`In its opposition, Staff identified several issues with the Consent Order Stipulation and
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`Proposed Consent Order. See Staff Resp. at 3 (identifying two issues with the Consent Order
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`Stipulation), id. at 5-6 (identifying three issues with the Proposed Consent Order). Complainant
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`and MobileSentrix should consider Staff’s concerns. If they decide to file an amended versions of
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`the Consent Order Stipulation and Proposed Consent Order, they should do so by December 13,
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`2023.
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`1
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`PUBLIC VERSION
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`Staff also opposes limited service of the settlement term sheet. Staff notes that “[t]he
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`Binding Settlement Term Sheet contains provisions that appear to be relevant to public interest
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`considerations.” Id. at 10. According to Staff “any prejudice to the non-settling respondents could
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`be eliminated if movants submit a public version of the Binding Settlement Term Sheet that
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`preserves the term sheet’s substance and redacts only genuinely confidential information.” Id. In
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`the alternative, Staff suggests that the movants file a confidential version in which only the
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`financial terms are redacted and which could be served on non-settling respondents. Id. at 10-11.
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`In light of Staff’s comments and Minayang BOE’s opposition, I direct Complainant and
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`MobileSentrix to confer regarding the redactions to the Binding Settlement Term Sheet. By
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`December 13, 2023, Complainant and MobileSentrix should either: (1) file a revised public version
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`of the Binding Settlement Term Sheet; (2) file a confidential version of the Binding Settlement
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`Term Sheet that can be served on the non-settling Respondents. If the movants elect this option,
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`they must also file a declaration in support of the redactions; or (3) file a one-page statement
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`indicating that they do not intend to file a revised version of the Binding Settlement Term Sheet.
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`After the movants take one of these actions, Staff and Mianyang BOE should file a one-page
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`statement as to whether they continue to oppose the motion.1 Such statements should be filed by
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`December 18, 2023.
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`Within seven days of the date of this document, the parties shall submit to the Office of the
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`Administrative Law Judges a joint statement as to whether they seek to have any portion of this
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`document deleted from the public version. If the parties do seek to have portions of this document
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`deleted from the public version, they must submit to this office a copy of this document with red
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`1 If Staff requires additional pages to address whether the amended versions of the Consent Order
`Stipulation, Proposed Consent Order, and/or the Binding Settlement Term Sheet comply with the
`Commission Rules, Staff may exceed this page limitation without first seeking leave.
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`2
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`PUBLIC VERSION
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`brackets indicating the portion or portions asserted to contain confidential business information.
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`The submission should be emailed by the aforementioned date and need not be filed with the
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`Commission Secretary.
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`SO ORDERED.
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`3
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`PUBLIC VERSION
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