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 LOCATION-SHARING
`SYSTEMS, RELATED SOFTWARE,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
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`ORDER NO. 16:
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`Inv. No. 337-TA-1347
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`INITIAL DETERMINATION GRANTING COMPLAINANTS’
`UNOPPOSED MOTION FOR PARTIAL TERMINATION OF THE
`INVESTIGATION AS TO CERTAIN ASSERTED PATENT CLAIMS
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`(May 17, 2023)
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`On May 15, 2023, Complainants AGIS Software Development LLC and Advanced Ground
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`Information Systems, Inc. (collectively, “Complainants”) moved (1347-006) for partial
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`termination of the investigation with respect to asserted claims 2 of U.S. Patent No. 8,213,970
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`(“the ’970 patent”); 1, 2, 7, 8, 23, 25, 29, 30, and 35 of U.S. Patent No. 9,445,251 (“the ’251
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`patent”); 3, 5, 6, 7, 8, 10, 16, 19, 38, 40, 55, 56, 61, 62, 63, 64, 68, 71, 72, 80 and 84 of U.S. Patent
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`No. 9,467,838 (“the ’838 patent”); 1, 8, 34, and 41 of U.S. Patent No. 9,749,829 (“the ’829
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`patent”); and 14 of U.S. Patent No. 9,820,123 (“the ’123 patent”) as to all Respondents based on
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`withdrawal of those claims. The motion states that Respondents and Staff do not oppose the
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`motion. Mot. at 2.
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`Complainants explain that “[b]y withdrawing these claims from the Investigation, AGIS is
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`serving the public interest by streamlining the Investigation and saving the Commission’s, the
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`ALJ’s, and the parties’ resources.” Id. at 3.
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`Commission Rule 210.21(a) provides, in relevant part:
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`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
`whole or in part as to any or all respondents, on the basis of withdrawal of the
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`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. . . . 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). The Commission has further stated that “in the absence of extraordinary
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`circumstances, termination of the investigation will be granted to a complainant during the
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`prehearing stage of an investigation.” Certain Ultrafiltration Sys. and Components Thereof,
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`Including Ultrafiltration Membranes, Inv. No. 337-TA-107, Comm’n Action and Order at 2 (Mar.
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`11, 1982).
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`Having reviewed the pleadings and arguments therein, I find that no extraordinary
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`circumstances exist that would prevent the requested partial termination of this Investigation. I
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`also find that Complainants have complied with the requirements of Commission Rule 210.21(a).
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`See Mot. at 3 (“AGIS states that, other than the stipulations between the parties filed on EDIS in
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`this Investigation, there are no agreements, written or oral, express or implied, between the parties
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`concerning the subject matter of this Investigation (e.g., no settlement, licensing, or other such
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`agreement).”)
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`Accordingly, it is my initial determination that Complainants’ unopposed motion (1347-
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`006) for partial termination of the Investigation as to asserted claims 2 of U.S. Patent No. 8,213,970
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`(“the ’970 patent”); 1, 2, 7, 8, 23, 25, 29, 30, and 35 of U.S. Patent No. 9,445,251 (“the ’251
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`patent”); 3, 5, 6, 7, 8, 10, 16, 19, 38, 40, 55, 56, 61, 62, 63, 64, 68, 71, 72, 80 and 84 of U.S. Patent
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`No. 9,467,838 (“the ’838 patent”); 1, 8, 34, and 41 of U.S. Patent No. 9,749,829 (“the ’829
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`patent”); and 14 of U.S. Patent No. 9,820,123 (“the ’123 patent”) as to all Respondents be granted.
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`This initial determination is hereby certified to the Commission.
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`Pursuant to 19 C.F.R. § 210.42(h), this Initial Determination shall be the determination of
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`the Commission unless a party files a petition for review of the Initial Determination pursuant to
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`19 C.F.R. § 210.43(a), or the Commission, pursuant to 19 C.F.R. § 210.44, orders, on its own
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`motion, a review of the Initial Determination or certain issues herein.
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`SO ORDERED.
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