`Case 2:22-cv-00263-JRG-RSP Document 90-5 Filed 07/25/23 Page 1 of 4 PagelD #: 6435
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`EXHIBIT 4
`EXHIBIT 4
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`Case 2:22-cv-00263-JRG-RSP Document 90-5 Filed 07/25/23 Page 2 of 4 PageID #: 6436
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`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. 26:
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`Inv. No. 337-TA-1347
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`INITIAL DETERMINATION GRANTING COMPLAINANTS
`ADVANCED GROUND INFORMATION SYSTEMS, INC. AND
`AGIS SOFTWARE DEVELOPMENT LLC’S MOTION TO
`TERMINATE THE INVESTIGATION AS TO THE REMAINING
`RESPONDENTS BASED ON WITHDRAWAL OF THE
`COMPLAINT
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`(June 20, 2023)
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`On June 15, 2023, Complainants AGIS Software Development LLC and Advanced Ground
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`Information Systems, Inc. (collectively, “AGIS”) moved (1347-016) for termination of the
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`investigation as to Respondents Google LLC (“Google”), Samsung Electronics Co., Ltd. and
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`Samsung Electronics America, Inc. (collectively “Samsung”); TCL Technology Group
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`Corporation, TCL Communication Technology Holdings Limited, TCL Electronics Holdings
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`Limited, and TCT Mobile (US), Inc. (collectively “TCL”); Lenovo Group Ltd., Lenovo (United
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`States) Inc., and Motorola Mobility LLC (collectively “Lenovo”); HMD Global, HMD Global Oy,
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`and HMD America, Inc. (collectively “HMD”); Sony Corporation and Sony Mobile
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`Communications, Inc. (collectively “Sony”); ASUSTek Computer Inc. and ASUS Computer
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`International (collectively “ASUS”); BLU Products, Inc. (“BLU”); and Panasonic Holdings
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`Corporation and Panasonic Corporation of North America (collectively “Panasonic”) (all
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`Respondents, collectively, “Respondents”) based on withdrawal of the Complaint as to those
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`Case 2:22-cv-00263-JRG-RSP Document 90-5 Filed 07/25/23 Page 3 of 4 PageID #: 6437
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`Respondents.1 The motion states that Staff “will take a position on the Motion as filed as soon as
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`possible[]” and that Google, Samsung, TCL, Lenovo, HMD, Sony, ASUS, BLU, and Panasonic
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`“indicated that they will take a position on the Motion as filed as soon as possible.”
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`On June 16, 2023, Staff filed a response supporting the motion. Staff’s brief indicated that
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`it “inquired whether any Respondent opposes or will be filing a response having reviewed the
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`motion as filed and was informed that no party opposes the Motion to Terminate.” Staff Br. 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
`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 termination of this Investigation. I also find
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`that AGIS has complied with the requirements of Commission Rule 210.21(a). See Mot. at 5
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`(“AGIS identifies the settlement agreements with Respondents Kyocera, OnePlus, and Xiaomi as
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`1 All other Respondents have been terminated based on settlement agreements. Order Nos. 19,
`24, 25.
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`Case 2:22-cv-00263-JRG-RSP Document 90-5 Filed 07/25/23 Page 4 of 4 PageID #: 6438
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`the only agreements, written or oral, express or implied, between the parties concerning the subject
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`matter of this Investigation.”); see also Order No. 16 at 2 (AGIS identifying no agreements other
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`than stipulations between the parties).
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`Accordingly, it is my initial determination that Complainants’ unopposed motion (1347-
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`016) for termination of the Investigation as to the remaining Respondents (Google, Samsung, TCL,
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`Lenovo, HMD, Sony, ASUS, BLU, and Panasonic) be granted. This initial determination is hereby
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`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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