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 MOBILE DEVICES WITH
`MULTIFUNCTION EMULATORS
`
`Inv. No. 337-TA-1170
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`INITIAL DETERMINATION GRANTING COMPLAINANT
`DYNAMICS, INC.’S MOTION TO TERMINATE THE
`INVESTIGATION AS TO CERTAIN ASSERTED CLAIMS
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`
`ORDER NO. 15:
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`
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`(May 20, 2020)
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`On May 19, 2020, complainant Dynamics, Inc. (“Dynamics”) moved (1170-010) to
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`terminate several asserted claims from this investigation. Specifically, Dynamics seeks to
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`terminate claims 5, 6, and 8 of U.S. Patent No. 8,827,153 (“the 153 patent”), claims 2, 3, 5, 7, 9-
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`11, 13-17, 19, and 20 of U.S. Patent No. 10,032,100 (“the 100 patent”), claims 2, 3, 5, 7, 9-13,
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`19, and 21 of U.S. Patent No. 10,223,631 (“the 631 patent”), and claims 2, 4, and 6-16 of U.S.
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`Patent No. 10,255,545 (“the 545 patent”) by reason of withdrawal under 19 C.F.R. § 210.21(a).
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`Mot. at 1. The motion represents respondents Samsung Electronics Co. Ltd. and Samsung
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`Electronics America, Inc. do not oppose the motion. Id. at 2.
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`Dynamics contends “public policy supports termination of the withdrawn claims in order
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`to conserve public and private resources” (Mot. at 2) and “there are no extraordinary
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`circumstances that would justify denying termination in part as to the withdrawn claims” (id. at
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`3). In satisfaction of Commission Rule 210.21(a), Dynamics certifies that “there are no
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`agreements, written or oral, express or implied between the parties concerning the subject matter
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`of the investigation.” Id.
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`Samsung Ex. 1029
`Page 1 of 4
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`Commission Rule 210.21(a) provides, in relevant part:
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`[a]ny 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, 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. If the agreement
`contains confidential business information within the meaning of §
`201.6(a) of this chapter, at least one copy of the agreement with
`such information deleted shall accompany the motion, in addition
`to a copy of the confidential version. On motion for good cause
`shown, the administrative law judge may limit service of the
`agreements to the settling parties and the Commission investigative
`attorney. The presiding administrative law judge may grant the
`motion in an initial determination upon such terms and conditions
`as he deems proper.
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`19 C.F.R. § 210.21(a)(1). The Commission has further stated that “in the absence of
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`extraordinary circumstances, termination of the Investigation will be granted to a complainant
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`during the prehearing stage of an investigation.” Certain Ultrafiltration Sys. and Components
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`Thereof, Including Ultrafiltration Membranes, Inv. No. 337-TA-107, Comm’n Action and Order
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`at 2 (Mar. 11, 1982).
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`I agree there are no extraordinary circumstances exist that would prevent the requested
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`partial termination of this Investigation. I also find Dynamics has complied with the
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`requirements of Commission Rule 210.21(a).
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`Accordingly, it is my determination that Dynamics’ motion (1170-010) to terminate
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`claims 5, 6, and 8 of the 153 patent, claims 2, 3, 5, 7, 9-11, 13-17, 19, and 20 of the 100 patent,
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`claims 2, 3, 5, 7, 9-13, 19, and 21 of the 631 patent, and claims 2, 4, and 6-16 of the 545 patent
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`2
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`Samsung Ex. 1029
`Page 2 of 4
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`from this investigation be granted. This Initial Determination is hereby certified to the
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`Commission.
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`Pursuant to 19 C.F.R. § 210.42(h), this Initial Determination shall be the determination
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`of the Commission thirty (30) days after the date of service of the initial determination, unless a
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`party files a petition for review of the Initial Determination within five (5) business days after
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`service of the initial determination pursuant to 19 C.F.R. § 210.43(a), or the Commission,
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`pursuant to 19 C.F.R. § 210.44, orders, on its own motion, a review of the Initial Determination
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`or certain issues herein. Any issue or argument not raised in a petition for review, or response
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`thereto, will be deemed to have been abandoned and may be disregarded by the Commission in
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`reviewing the Initial Determination pursuant to 19 C.F.R. §§ 210.43(b) and (c).
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`SO ORDERED.
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`Cameron Elliot
`Administrative Law Judge
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`3
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`Samsung Ex. 1029
`Page 3 of 4
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`CERTAIN MOBILE DEVICES WITH MULTIFUNCTION
`EMULATORS
`
`Inv. No. 337-TA-1170
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached ORDER has been served upon the
`following parties as indicated, on 5/20/2020.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainant Dynamics Inc.:
`
`Deanna Tanner Okun, Esq.
`ADDUCI, MASTRIANI &SCHAUMBERG, LLP
`1133 Connecticut Avenue, NW, 12th Floor
`Washington, DC 20036
`Email: okun@adduci.com
`
`On Behalf of Respondents Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.:
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`Paul F. Brinkman, Esq.
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Avenue, N.W.
`Washington, D.C. 20004
`Email: paul.brinkman@kirkland.com
`
`☐ Via Hand Delivery
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`☒ Other: Email Notification
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`☒ Other: Email Notification
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`
`Samsung Ex. 1029
`Page 4 of 4
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