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lotter on DSK11XQN23PROD with NOTICES1

Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Notices Respondents remain active in the investigation.
As a result of termination of all asserted claims of the 996 patent and certain other asserted claims, see Order No. 11 July 29, 2020, unreviewed by Commn Notice Aug. 13, 2020; Order No. 18 Sept. 14, 2020, unreviewed by Commn Notice Oct. 14, 2020; and Order No. 19 Oct. 2, 2020, unreviewed by Commn Notice Oct. 27, 2020, claims 1 and 3 of the 320 patent; claims 11, 12, 1416, 19, 21, 27, and 28 of the 456 patent; claims 9, 16, 23, and 26 of the 153 patent; and claims 22 and 23 of the 206 patent remain asserted in the investigation.
A prehearing conference and evidentiary hearing were held in this investigation from October 2126, 2020.
On March 23, 2021, the administrative law judge ALJ issued a final initial determination ID, finding a violation of section 337 with respect to claims 1 and 3 of the 320
patent; claims 11, 12, 1416, 19, 21, 27, and 28 of the 456 patent; claims 9, 16, 23, and 26 of the 153 patent; and claims 22 and 23 of the 206 patent. The ALJ
also issued a Recommended Determination on Remedy and Bonding RD. The RD recommends that should the Commission find a violation of section 337, that the Commission issue a general exclusion order, cease and desist orders, and impose a bond during the period of Presidential review.
On April 5, 2021, OUII and Respondent Leviton each filed a petition for review of the ID. That same day, Respondents FS, Panduit, Wirewerks, and Siemon collectively, Joint Respondents also filed a joint petition for review. On April 13, 2021, OUII, Leviton, and Corning each filed a response to the petitions.
On May 24, 2021, the Commission determined to review the ID in part.
Notice at 36 May 24, 2021 Notice of Review, published at 86 FR 28890
893 May 28, 2021. Specifically, the Commission determined to review: 1
The IDs finding that the importation requirement of section 337 is met with respect to the accused products of Respondents Leviton, Panduit, and Siemon; 2 the IDs interpretation of the width of the front side of the fiber optic module limitation in the asserted claims of the 456 patent, and the associated infringement findings; 3 the IDs construction of a front opening in the asserted claims of the 206 patent, and the associated infringement findings; 4 the IDs finding that Leviton directly infringes the asserted claims of the 320 and 456 patents; 5
the IDs findings on indirect infringement of the asserted claims of
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the 320, 456, and/or 153 patents by Respondents Leviton, Panduit, FS, and Siemon; and 6 the IDs finding that Corning has satisfied the economic prong of the domestic industry requirement under section 337a3B
and C. The Commission solicited briefing on remedy, the public interest, and bonding, as well as on specific issues concerning importation, infringement, and the domestic industry requirement.
On June 7, 2021, the parties filed initial submissions in response to the Commissions Notice of Review. On June 14, 2021, the parties filed replies to each others submissions. In addition, the Commission received comments from the parties on the public interest pursuant to Commission Rule 210.50a4, 19 CFR 210.50a4. The Commission also received comments from Defaulting Respondents Huber+Suhner AG and Huber + Suhner, Inc. in response to the Commissions notice soliciting public interest comments, 86 FR 2206768 Apr. 26, 2021.
Having reviewed the record of the investigation, including the final ID and the parties submissions, the Commission has found a violation of section 337 as to claims 1 and 3 of the 320 patent; claims 11, 12, 1416, 19, 21, 27, and 28 of the 456 patent; claims 9, 16, 23, and 26 of the 153 patent; and claims 22 and 23 of the 206 patent.
Specifically, the Commission affirms with modifications the IDs finding that Respondents Leviton, Panduit, and Siemon satisfy the importation requirement. FS and Wirewerks did not contest importation before the ALJ. With regard to claim construction, the Commission determines to: 1 Adopt OUIIs proposed construction for the width of the front side of the fiber optic module limitation in claims 12
and 28 of the 456 patent and find that the accused products meet this limitation under the proper construction; and 2 adopt Cornings proposed construction for the front opening limitation in the asserted claims of the 206 patent and find that the accused products meet this limitation under the proper construction. The Commission affirms with modifications the IDs finding that the imported articles of Respondents Panduit, Siemon, and FS are respectively used by their customers to directly infringe the asserted claims of the 320, 456, and 153 patents at their inducement, and the imported articles of Respondent Leviton are used by its customers to directly infringe the asserted claims of the 320 and 456
patents at Levitons inducement.

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Further, the Commission affirms the IDs finding of no contributory infringement by Respondents Leviton, Panduit, and Siemon, and takes no position on the IDs finding of no contributory infringement by FS. Still further, the Commission takes no position on the IDs finding that Leviton directly infringes the asserted claims of the 320 and 456 patents. Finally, the Commission affirms with modifications the IDs finding that Corning has satisfied the economic prong of the domestic industry requirement under section 337a3.
The Commission has determined that the appropriate remedy is: 1 A general exclusion order prohibiting the entry of infringing high-density fiber optic equipment and components thereof; and 2 cease and desist orders directed to Respondents Leviton, Panduit, and FS.
The Commission has determined that the public interest factors do not preclude issuance of the general exclusion order or the cease and desist orders. The Commission has determined that a bond as set forth in the orders is required during the period of Presidential review. 19 U.S.C. 1337j3.
The investigation is terminated. The Commissions reasoning in support of its determinations is set forth more fully in its opinion. The Commissions orders and opinion were delivered to the President and the United States Trade Representative on the day of their issuance.
The Commission vote for this determination took place on August 3, 2021.
The authority for the Commissions 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 Commissions Rules of Practice and Procedure, 19 CFR part 210.
While temporary remote operating procedures are in place in response to COVID19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service.
Accordingly, pursuant to Commission Rules 201.16a and 210.7a1 19 CFR
201.16a, 210.7a1, the Commission orders that the Complainant complete service for any party/parties without a method of electronic service noted on the attached Certificate of Service and shall file proof of service on the Electronic Document Information System EDIS.
By order of the Commission.

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