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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN MULTI-DOMAIN TEST AND
`MEASUREMENT INSTRUMENTS
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`Investigation No. 337-TA-1104
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`NOTICE OF COMMISSION DECISION NOT TO REVIEW AN INITIAL
`DETERMINATION TERMINATING THE INVESTIGATION
`BASED ON WITHDRAWAL OF THE COMPLAINT;
`TERMINATION OF INVESTIGATION
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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 not to review the presiding administrative law judge’s (“ALJ”) initial determination
`(“ID”) (Order No. 16), which terminated the investigation on the basis of withdrawal of the
`complaint.
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`FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 708-2532. Copies of non-confidential documents filed in connection with this
`investigation are or will be available for inspection during official business hours (8:45 a.m. to
`5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street,
`S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The
`public record for this investigation may be viewed on the Commission's electronic docket (EDIS)
`at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter
`can be obtained by contacting the Commission TDD terminal on (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`March 16, 2018, based on a complaint filed by Tektronix, Inc. of Beaverton, Oregon
`(“Tektronix”). 83 FR 11790 (Mar. 16, 2018). The complaint alleged violations of section 337
`of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation into the United
`States, or in the sale for importation, or the sale within the United States after importation of
`certain multi-domain test and measurement instruments, by reason of the infringement of certain
`claims of U.S. Patent No. 8,521,460 and U.S. Patent No. 8,675,719. Id. The notice of
`investigation named three respondents: Rohde & Schwartz GmbH & Co. KG of Munich,
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`Tektronix, Exhibit 2017
`Rohde v. Tektronix, IPR2018-00647
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`Germany; Rohde & Schwartz Vertriebs GmbH of Munich, Germany; and Rohde & Schwartz
`USA, Inc. of Columbia, Maryland (collectively, “R&S”). Id. at 11791.
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`On May 30, 2018, R&S moved to terminate the investigation as to certain accused
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`products on the basis of a consent order stipulation and proposed consent order for each of the
`three respondents. On July 13, 2018, the ALJ granted the motion as Order No. 12. On August
`10, 2018, the Commission determined not to review Order No. 12, and the Commission issued
`consent orders as to each of the respondents.
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`In view of the consent orders, on August 22, 2018, Tektronix moved to terminate the
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`investigation in its entirety based on withdrawal of the complaint as to any remaining accused
`products. R&S did not oppose the motion.
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`On August 24, 2018, the presiding ALJ granted the motion as the subject ID (Order No.
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`16). The ID finds that the motion complies with Commission Rule 210.21(a), 19 CFR
`210.21(a), and that no extraordinary circumstances exist that would prevent termination of the
`investigation. ID at 2.
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`No petitions for review of the ID were filed. The Commission has determined not to
`review the ID. The investigation is thereby terminated.
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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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`Issued: September 17, 2018
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`By order of the Commission.
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`Lisa R. Barton
`Secretary to the Commission
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`Tektronix, Exhibit 2017
`Rohde v. Tektronix, IPR2018-00647
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