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 ACTIVE MATRIX ORGANIC
`LIGHT-EMITTING DIODE DISPLAY
`PANELS AND MODULES FOR MOBILE
`DEVICES, AND COMPONENTS THEREOF
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`Investigation No. 337-TA-1351
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`NOTICE OF A COMMISSION DETERMINATION TO REVIEW AN INITIAL
`DETERMINATION TERMINATING THE INVESTIGATION AS TO TWO
`RESPONDENTS BASED ON A CONSENT ORDER AND CONSENT ORDER
`STIPULATION; REQUEST FOR WRITTEN SUBMISSIONS
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined to review the presiding administrative law judge’s (“ALJ”) initial determination
`(“ID”) (Order No. 43) terminating the investigation as to two respondents, Apt-Ability LLC
`d/b/a MobileSentrix of Chantilly, Virginia, and Mobile Defenders, LLC of Caledonia, Michigan
`(collectively “MobileSentrix”), based on a consent order stipulation and consent order. The
`Commission requests written submissions from the parties under the schedule set forth below.
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`FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`20436, telephone (202) 205-2737. Copies of non-confidential documents filed in connection
`with this investigation may be viewed on the Commission’s electronic docket (EDIS) at
`https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
`information concerning the Commission may also be obtained by accessing its Internet server at
`https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
`be obtained by contacting the Commission’s TDD terminal, telephone (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: On February 3, 2023, the Commission instituted this
`investigation based on a complaint filed by Samsung Display Co., Ltd. of the Republic of Korea
`(“Samsung”). 88 FR 7463-64 (Feb. 3, 2023). The complaint alleges violations of section 337 of
`the Tariff Act of 1930, as amended, 19 U.S.C. 1337 based upon the importation into the United
`States, the sale for importation, or sale within the United States after importation of certain active
`matrix organic light-emitting diode display panels and modules for mobile devices, and
`components thereof by reason of the infringement of certain claims of U.S. Patent Nos.
`9,818,803; 10,854,683; 7,414,599; and 9,330,593. Id. The Commission’s notice of
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`investigation, as amended, named numerous respondents, includingMobileSentrix, as well as
`Mianyang BOE Optoelectronics Co., Ltd (“Mianyang BOE”) of Sichuan, China. The Office of
`Unfair Import Investigations (“OUII”) was also named as a party in this investigation. Id.
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`On October 26, 2023, the ALJ issued Order No. 34 terminating certain claims from the
`investigation. See Order No. 34 (Oct. 26, 2023).
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`On November 16, 2023, Samsung and MobileSentrix collectively moved to terminate the
`investigation as to MobileSentrix based on a consent order stipulation, proposed consent order,
`and a binding settlement term sheet. Mianyang BOE and OUII each filed a response in
`opposition of the motion.
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`On November 27, 2023, the Commission determined not to review Order No. 34,
`terminating certain claims from the investigation. Comm’n Notice (Nov. 27, 2023).
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`On December 7, 2023, the ALJ issued Order No. 39, terminating additional claims from
`the investigation. See Order No. 39 (Dec. 7, 2023).
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`Also on December 7, 2023, the ALJ issued Order No. 40 giving Samsung and
`MobileSentrix an opportunity to address certain issues raised by Mianyang BOE and OUII as to
`the joint motion to terminate MobileSentrix from the investigation.
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`On December 13, 2023, Samsung and MobileSentrix filed a joint submission which
`included revised redactions to the binding settlement term sheet, and revised versions of the
`consent order stipulation and proposed consent order. Mianyang BOE filed a response stating
`that it no longer opposed the joint motion to terminate. OUII filed a response noting that the
`consent order stipulation and proposed consent order identify claims that are no longer in this
`Investigation, but otherwise did not oppose the motion to terminate.
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`On December 20, 2023, the ALJ granted the joint motion to terminate the investigation as
`to MobileSentrix. Order No. 43. The ID found that the revised consent order stipulation
`complied with the requirements of 19 CFR 210.21(c)(3) and the revised proposed consent order
`complied with the requirements of 19 CFR 210.21(c)(4). Id. at 2-4. The ID further found no
`public interest concerns weighing against termination of the investigation as to MobileSentrix.
`Id. at 4-5. Order No. 43 noted that the proposed consent order included claims that were no
`longer asserted in the investigation. No party filed a petition for review of the subject ID.
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`On January 8, 2024, the Commission determined not to review Order No. 39, terminating
`certain additional claims from the investigation. Comm’n Notice (Dec. 7, 2024).
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`The Commission has determined to review the subject ID (Order No. 43). In connection
`with its review, the Commission requests responses to the following question and Samsung and
`MobileSentrix are requested to jointly file a revised proposed consent order.
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`1. Please address whether claims terminated from the investigation in Order No. 34
`and/or Order No. 39 should be included in any consent order that issues
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`terminating MobileSentrix from the investigation. Samsung and MobileSentrix
`are directed to submit a revised proposed consent consistent with their position.
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`Any revised proposed consent order should include a revised jurisdictional paragraph that
`replaces current paragraph 15 with “Respondents admit all jurisdictional facts alleged.” 19 CFR
`210.21(c)(4)(xi).
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`WRITTEN SUBMISSIONS: The parties to the investigation are requested to file written
`submissions on the question identified in this notice. The initial written submissions and revised
`proposed consent order must be filed no later than close of business on February 5, 2024. Reply
`submissions must be filed no later than the close of business on February 12, 2024. No further
`submissions on this issue will be permitted unless otherwise ordered by the Commission.
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`Persons filing written submissions must file the original document electronically on or
`before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR
`210.4(f) are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
`investigation number (“Inv. No. 337-TA-1351”) in a prominent place on the cover page and/or
`the first page. (See Handbook for Electronic Filing Procedures,
`https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions
`regarding filing should contact the Secretary (202-205-2000).
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`Any person desiring to submit a document to the Commission in confidence must request
`confidential treatment by marking each document with a header indicating that the document
`contains confidential information. This marking will be deemed to satisfy the request procedure
`set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for
`which confidential treatment by the Commission is properly sought will be treated accordingly.
`Any non-party wishing to submit comments containing confidential information must serve
`those comments on the parties to the investigation pursuant to the applicable Administrative
`Protective Order. A redacted non-confidential version of the document must also be filed
`simultaneously with any confidential filing and must be served in accordance with Commission
`Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). 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, solely for cybersecurity purposes. All contract personnel will sign appropriate
`nondisclosure agreements. All nonconfidential written submissions will be available for public
`inspection on EDIS.
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`The Commission vote for this determination took place on January 26, 2024.
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`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).
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`By order of the Commission.
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`Issued: January 26, 2024
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`Lisa R. Barton
`Secretary to the Commission
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