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`Federal Register/Vol. 87, No. 250/Friday, December 30, 2022 / Notices
`
`sharing software, and associated
`components thereof’;
`(3) Pursuant to Commission Rule
`210.50(b)(1), 19 CFR 210.50(b)(1), the
`presiding administrative law judge shall
`take evidence or other information and
`hear arguments from the parties or other
`interested persons with respect to the
`public interest in this investigation, as
`appropriate, and provide the
`Commission with findings of fact and a
`recommendeddetermination on this
`issue, which shall be limited to the
`statutory public interest factors set forth
`in 19 U.S.C. 1337(d)(0), ()(1), (g)(1);
`(4) For the purpose of the
`investigation so instituted, the following
`are hereby named as parties upon which
`this notice of investigation shall be
`served:
`(a) The complainantsare:
`Advanced GroundInformation Systems,
`Inc., 92 LighthouseDr., Jupiter, FL
`33469
`AGIS Software Development LLC, 100
`West Houston Street, Marshall, TX
`75671
`
`(b) The respondentsare the following
`entities alleged to be in violation of
`section 337, and are the parties upon
`which the complaintis to be served:
`Google LLC, 1600 Amphitheatre
`Parkway, Mountain View, CA 94043
`SamsungElectronics, Co., Ltd., 12
`Samsung-Ro, Maetan-3dong,
`Yeongtong-gu, Suwon, 443-742,
`Republic of Korea
`Samsung Electronics America,Inc., 85
`Challenger Rd., Ridgefield Park, New
`Jersey 07660
`OnePlus Technology (Shenzhen) Co.,
`Ltd., 18F, Tairan Building, Block C,
`Tairan 8th Road, Chgongmiao, Futian
`District, Shenzhen, Guangdong
`518040, China
`TCL Technology Group Corporation,
`22/F, TCL Technology, Building, No.
`17, Huifeng 3rd Road, Zhongkai High-
`Tech Development District, Huizhou,
`Guangdong, China 516006
`TCL Electronics Holdings Limited, 7th
`Floor, Building 22E, 22 Science Park
`East Avenue, Hong Kong Science
`Park, Hong Kong
`TCL Communication Technology
`Holdings, Limited, 5/F, Building 22E,
`22 Science Park East Avenue, Hong
`Kong Science Park, Shatin, New
`Territories, Hong Kong
`TCT Mobile (US) Inc., 25 Edelman,
`Suite 200, Irvine, CA 92618
`Lenovo Group Ltd., 6 Chuang ye Road,
`HaidianDistrict, Beijing 100085,
`China
`Lenovo (United States) Inc., 1009 Think
`Place, Building One, Morrisville, NC
`27560
`
`Motorola Mobility LLC, 222 W
`Merchandise Mart Plaza, Suite 1800,
`Chicago, IL 60654
`HMDGlobal, Karaportti 2, FIN-02610,
`Espoo, Finland
`HMDGlobal OY,Bertel Jungin aukio 9,
`02600, Espoo,Finland
`HMDAmerica,Inc., 1200 Brickell Ave.,
`Suite 510, Miami, FL 33131
`Sony Corporation, 1-7-1 Konan Minato-
`ku, Tokyo, 108-0075, Japan
`Sony Mobile Communications, Inc., 4—
`12-3 Higashi-Shinagawa, Shinagawa-
`ku, Tokyo, 140-0002, Japan
`ASUSTek ComputerInc., No. 15, Li-Te
`Rd., Beitou Dist., Taipei 112, Taiwan
`ASUS ComputerInternational, 48720
`Kato Rd., Fremont, CA 94538
`BLU Products, 10814 NW 33rdStreet,
`Doral, FL 33172
`Panasonic Corporation, 1006 Oaza
`Kadoma-shi, Kadoma 571-8501,
`Osaka, Japan
`Panasonic Corporation of North
`America, 1 Panasonic Way, Secaucus,
`NewJersey 07094
`Kyocera Corporation, 6 Takeda
`Tobadono-cho, Fushmi-ku, Kyoto,
`Japan 612-8501
`Xiaomi Corporation, Maples Corporate
`Services Limited, P.O. Box 309,
`Ugland House, Grand Cayman, KY1-
`1104, Cayman Islands
`Xiaomi H.K. Ltd., Unit 806, Tower2 8/
`F, Cheung Sha Wan Plaza, 833
`Cheung Sha Wan Road, Kowloon City,
`Hong Kong
`Xiaomi Communications Co., Ltd.,
`XiaomiOffice Building, 68 Qinghe
`Middle Street, Haidian District,
`Beijing, China 100085
`XiaomiInc., Xiaomi Office Building, 68
`Qinghe Middle Street, Haidian
`District, Beijing, China 100085
`(c} The Office of Unfair Import
`Investigations, U.S. International Trade
`Commission, 500 E Street SW, Suite
`401, Washington, DC 20436; and
`(5) For the investigation so instituted,
`the Chief Administrative Law Judge,
`U.S. International Trade Commission,
`shall designate the presiding
`Administrative Law Judge.
`Responsesto the complaint, as
`supplemented, and the notice of
`institution of investigation must be
`submitted by the named respondents in
`accordance with section 210.13 of the
`Commission’s Rules of Practice and
`Procedure, 19 CFR 210.13. Pursuant to
`19 CFR 201.16(e) and 210.13(a), as
`amendedin 85 FR 15798 (March 19,
`2020), such responseswill be
`considered by the Commissionif
`received notlater than 20 days after the
`date of service by the complainants of
`the complaint and the notice of
`investigation. Extensionsof timefor
`
`submitting responses to the complaint
`andthe notice of investigation will not
`be granted unless good cause therefor is
`shown.
`Failure of a respondenttofile a timely
`responseto each allegation in the
`complaint and in this notice may be
`deemedto constitute a waiver of the
`tight to appear and contest the
`allegations of the complaint and this
`notice, and to authorize the
`administrative law judge and the
`Commission, without further notice to
`the respondent, to find the facts to be as
`alleged in the complaint and this notice
`andto enter an initial determination
`and a final determination containing
`such findings, and mayresult in the
`issuanceof an exclusion orderor a cease
`and desist order or both directed against
`the respondent.
`By orderof the Commission.
`Issued: December 22, 2022.
`Katherine Hiner,
`Acting Secretary to the Commission.
`[FR Doc. 2022-28408 Filed 12-29-22; 8:45 am]
`BILLING CODE 7020-02-P
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337—TA—1266]
`
`Certain Wearable Electronic Devices
`With ECG Functionality and
`Components Thereof; Notice of the
`Commission’s Final Determination
`Finding a Violation of Section 337;
`Issuance and Suspensionof a Limited
`Exclusion Order and a Cease and
`Desist Order; Termination of the
`Investigation
`AGENCY:U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that
`the U.S. International Trade
`Commission (“(Commission’’) has
`determinedthat there is a violation of
`section 337 in the above-captioned
`investigation. The Commission has
`further determined to issue a limited
`exclusion order anda cease and desist
`order andto set a bondin the amount
`of $2 per unit of covered articles
`importedor sold during the period of
`Presidential review. The enforcement of
`these orders, including the bond
`provision, is suspended pendingfinal
`resolution of the U.S. Patent and
`Trademark Office, Patent Trial and
`Appeal Board’s (“PTAB”) Final Written
`Decisions finding the asserted patent
`claims unpatentable.
`FOR FURTHER INFORMATION CONTACT:
`Panyin A. Hughes, Office of the General
`
`

`

`80570
`Federal Register/Vol. 87, No. 250/Friday, December 30, 2022 / Notices
`
`Counsel, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436,telephone (202)
`205-3042. Copies of non-confidential
`documents filed in connection with this
`investigation may be viewed on the
`Commission’s electronic docket (EDIS)
`at https://edis.usitc.gov. For help
`accessing EDIS, please email
`EDIS3Help@usitc.gov. General
`information concerning the Commission
`mayalso be obtained by accessingits
`internet server at https://www.usitc.gov.
`Hearing-impaired personsare advised
`that information on this matter can be
`obtained by contacting the
`Commission’s TDD terminal, telephone
`(202) 205-1810.
`SUPPLEMENTARYINFORMATION: On May
`26, 2021, the Commission instituted this
`investigation based on a complaintfiled
`by AliveCor, Inc. of Mountain View,
`California (‘‘AliveCor’’). 86 FR 28382
`(May 26, 2021). The complaint alleged
`violations of section 337 based on the
`importation into the United States, the
`sale for importation, or the sale within
`the United States after importation of
`certain wearable electronic devices with
`EGGfunctionality and components
`thereof by reason of infringement of one
`or more of claims 1-30 of U.S. Patent
`No. 10,595,731 (“the ’731 patent’’);
`claims 1-23 of U.S. Patent No.
`10,638,941 (“the ’941 patent’’); and
`claims 1-4, 6-14, 16-20 of U.S. Patent
`No. 9,572,499 (“the 499 patent”). Id.
`The Commission’s notice of
`investigation named Apple Inc. of
`Cupertino, California (“Apple”) as the
`sole respondent. The Office of Unfair
`Import Investigations (“OUII’’) is named
`as a party in this investigation. Id.
`On February 23, 2022, the ALJ issued
`an initial determination granting
`AliveCor’s motion to terminate the
`investigation as to (1) claims 1-4, 6-14,
`and 18-20 of the ’499 patent; (2) claims
`2,4, 6, 7, 11, 13, 14, and 17-30 of the
`°731 patent; and (3) claims 1-11, 14, 15,
`17, and 18 of the ’941 patent based upon
`withdrawalof allegations from the
`complaint as to those claims. Order No.
`16 (Feb. 23, 2022), unreviewed by Notice
`(Mar. 18, 2022).
`On June 27, 2022, the ALJ issued the
`final initial determination (“ID”) finding
`a violation of section 337 as to the 941
`and ’731 patents, and no violation of
`section 337 as to the ’499 patent. The ID
`found that the parties do not contest
`personaljurisdiction and that the
`Commission has in rem jurisdiction
`over the accused products. ID at 18. The
`ID further found that the importation
`requirement under 19 U.S.C.
`1337(a)(1)(B)is satisfied. Id. (citing CX-
`0904C (Apple stipulating that it imports
`
`the accused products into the United
`States)). Regarding the ’941 patent, the
`ID found that AliveCor has proven
`infringementof the asserted claims,
`claims 12, 13, 19, and 20—23, and that
`Applefailed to show that any of the
`asserted claims are invalid. Id. at 30—45,
`60-98. For the ’731 patent, the ID found
`that AliveCor has proven infringement
`of the asserted claims, claims 1, 3, 5, 8—
`10, 12, 15, and 16, but that Apple has
`proventhat claims1, 8, 12, and 16 are
`invalid for obviousness. Id. at 105-108,
`113-127. For the ’499 patent, the ID
`foundthat AliveCorfailed to prove
`infringementofthe asserted claims,
`claims 16 and 17, and that claim 17 is
`invalid for lack of patentable subject
`matter under 35 U.S.C. 101. Id. at 129-
`138, 140-152. Finally, the ID found that
`AliveCor has proven the existence of a
`domestic industry that practices the
`asserted patents as required by 19 U.S.C.
`1337(a)(2). Id. at 152-183. The ID
`included the ALJ’s recommended
`determination on remedy and bonding
`(“RD”). The RD recommendedthat,
`should the Commissionfind a violation,
`issuanceof a limited exclusion order
`and a cease and. desist order would be
`appropriate. ID/RD at 190-193. The RD
`also recommended imposing no bond
`for covered products imported during
`the period of Presidential review.ID at
`193-95.
`On July 11, 2022, Apple filed a
`petition for review of the ID, and
`AliveCor filed a combined petition and
`contingent petition for review of the ID.
`On July 19, 2022, the private parties and
`OUII’s investigative attorney filed
`responsesto the petitions.
`On September 22, 2022, the
`Commission determined to review the
`final ID in part. 87 FR 58819—21 (Sept.
`28, 2022). Specifically, the Commission
`determinedto review thefinal ID’s
`invalidity findings, including patent
`eligibility under 35 U.S.C. 101 and
`obviousness under 35 U.S.C. 103, and
`the economic prong of the domestic
`industry requirementfor all three
`patents. Id. The Commission requested
`briefing from the parties on certain
`issues under review. The Commission
`requested briefing from the parties,
`interested governmentagencies, and
`interested persons on remedy,the
`public interest, and bonding.Id.
`On October6, 2022, the parties filed
`initial submissions in responseto the
`Commission’s request for briefing. On
`October 14, 2022, the parties filed reply
`submissions. On October 21, 2022,
`Apple movedforleaveto file a sur-reply
`to AliveCor’s reply submission. On
`October 24, 2022, AliveCorfiled an
`opposition. OUIfiled a response in
`opposition on November2, 2022.
`
`The Commission has determined to
`deny Apple’s motionfor leaveto file a
`sur-reply to AliveCor’s reply
`submission.
`On December7, 2022, Apple filed an
`emergency motion, asking “the
`Commission to suspend any remedial
`orders or, in the alternative, extend the
`December12, 2022 Target Date ofits
`Final Determination andstay all
`proceedingsprior to issuance of any
`Final Determination pendingfinal
`resolution of any appeal of the PTAB’s
`decisions” finding the asserted patent
`claims unpatentable. Apple Emergency
`Motion at 1. On December9, 2022,
`AliveCorfiled an opposition to Apple’s
`motion. On December 16, 2022, OUII
`filed a response in support of Apple’s
`motion, but only to the extent that any
`remedy the Commission issues be
`suspended pending appeal of the PTAB
`decisions. OUII Reply to Emergency
`Motionat 4.
`Uponreviewofthe parties’
`submissions, the ID, the RD, evidence of
`record, and public interestfilings, the
`Commission has determined that Apple
`violated section 337 by reason of
`importation andsale ofarticles that
`infringe asserted claims 12, 13, and 19-
`23 of the 941 patent; and claims1, 3,
`5, 8-10, 12, 15, and 16 of the ’731
`patent. Regarding the issues under
`review, the Commission has determined
`to affirm the ID’s economic prongof the
`domestic industry findings with the
`modifications described in the
`accompanying Commission opinion.
`Concerning invalidity, the Commission
`has determinedto affirm the ID’s patent
`eligibility findings under 35 U.S.C. 101
`as to one claim with modifications
`explained in the Commission opinion
`and reverse as to another; andto correct
`the ID for not considering objective
`indicia of non-obviousnessfor certain
`asserted claims. For remedy,the
`Commission has determined to issue a
`limited exclusion order prohibiting
`further importation of infringing
`products and a cease anddesist order
`against Apple. The Commission has
`determined that the public interest
`factors do not counsel against issuing
`remedial orders. The Commission has
`determined that a bond in the amount
`of $2 per unit of coveredarticlesis
`required for covered products imported
`or sold during the period of Presidential
`review.
`The enforcementof these orders,
`including the bondprovision,is
`suspendedpendingfinal resolution of
`the PTAB’s Final Written Decisions
`finding the asserted patent claims
`unpatentable. See 35 U.S.C. 318(b);
`Apple, Inc. v. AliveCor, Inc., IPR2021-
`00971, Patent 10,595,731, Final Written
`
`

`

`80571
`Federal Register/Vol. 87, No. 250/Friday, December 30, 2022 / Notices
`
`Decision Determining All Challenged
`Claims Unpatentable (Dec. 6, 2022);
`Apple, Inc. v. AliveCor, Inc., IPR2021—
`00972, Patent 10,638,941, Final Written
`Decision Determining All Challenged
`Claims Unpatentable (Dec. 6, 2022).
`The Commission’s vote on this
`determination took place on December
`22, 2022.
`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).
`By order of the Commission.
`Issued: December22, 2022.
`Katherine Hiner,
`Acting Secretary to the Commission.
`[FR Doc. 2022-28409 Filed 12-29-22; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`DEPARTMENTOF JUSTICE
`
`[OMB Number 1190-0018]
`
`AgencyInformation Collection
`Activities; Proposed eCollection;
`eCommenis Requested; Extensionof a
`Currently Approved Collection;
`Immigration-Related Unfair
`Employment Practices Charge Form
`(IER-1)
`
`AGENCY:Civil Rights Division,
`Departmentof Justice.
`ACTION: 30-Day notice.
`
`SUMMARY:TheCivil Rights Division,
`DepartmentofJustice, will be
`submitting the following information
`collection request to the Office of
`Managementand Budgetfor review and
`approval in accordancewith the
`Paperwork Reduction Act of 1995.
`DATES: The purposeofthis notice is to
`allow for an additional 30 days for
`public commentuntil January 30, 2023.
`FOR FURTHER INFORMATION CONTACT:If
`you have comments especially on the
`estimated public burdenor associated
`responsetime, suggestions, or need a
`copy of the proposed information
`collection instrument with instructions
`or additional information, please
`contact Alberto Ruisanchez, Deputy
`Special Counsel, USDOJ—CRT-—OSC,950
`Pennsylvania Avenue NW-4CON,
`Washington, DC 20530 or via phoneat
`202-305-1291. Written comments and/
`or suggestions can also be directed to
`the Office of Management and Budget,
`Office of Information and Regulatory
`Affairs, Attention Departmentof Justice
`Desk Officer, Washington, DC 20503 or
`sent to OIRA_submissions@
`omb.eop.gov.
`
`SUPPLEMENTARYINFORMATION: Written
`comments and/or suggestions are
`requested from the public and affected
`agencies concerning the proposed
`collection of information. Your
`comments should address one or more
`of the following four points:
`e Evaluate whetherthe collection of
`information is necessary for the proper
`performance of the function of the
`agency, including whether the
`information will havepractical utility;
`e Evaluate the accuracy of the
`agency’s estimate of the burdenof the
`collection of information, including the
`validity of the methodology and
`assumptions used;
`e Evaluate whetherand,if so, how
`the quality, utility, and clarity of the
`information to be collected can be
`enhanced; and
`e Minimize the burden of the
`collection of information on those who
`are to respond,including through the
`use of appropriate automated,
`mechanical, or other technological
`collection techniques or other forms of
`information technology.
`Overview of This Information
`Collection:
`
`1. Type of Information Collection:
`Extension of Currently Approved
`Collection.
`2. The Title of the Form/Collection:
`Title of the Form/Collection: IER Charge
`Form.
`3. Agencyform number, if any, and
`agency component sponsoring the
`collection:
`Agencyform number: Form IER-1.
`ComponentSponsor: Civil Rights
`Division, DepartmentofJustice.
`4. Affected public whowill be asked
`to respond,as well as a brief abstract:
`Primary: The Immigrant and Employee
`Rights Section (IER) enforces the anti-
`discrimination provision (§ 274B) of the
`Immigration and Nationality Act (INA),
`8 U.S.C. 1324b. The statute prohibits: (1)
`citizenship or immigration status
`discrimination in hiring,firing, or
`recruitmentor referral for a fee, (2)
`national origin discrimination in hiring,
`firing, or recruitmentor referral for a
`fee, (3) unfair documentary practices
`during the employmenteligibility
`verification process (Form I-9 and E-
`Verify), and (4) retaliation or
`intimidation for asserting rights covered
`by the statute. IER, within the
`Department’s Civil Rights Division,
`investigates and, where reasonable
`causeis found, litigates charges alleging
`discrimination. IERalsoinitiates
`independentinvestigations, at times
`based on information developed during
`individual charge investigations.
`Independentinvestigations normally
`
`involve alleged discriminatory policies
`that potentially affect many employees
`or applicants. These investigations may
`result in complaints alleging a pattern or
`practice of discriminatory activity. If the
`Departmentlacks jurisdiction over a
`particular charge but believes another
`agency hasjurisdiction over the claim,
`IER forwardsthe charge to the
`applicable Federal, state or local agency
`for any action deemed appropriate.
`5, An estimate of the total number of
`respondents and the amountof time
`estimated for an average respondentto
`respond:It is estimated that 320
`individuals will complete each form
`annually; each responsewill be
`completed in approximately 30 minutes.
`6. An estimate of the total public
`burden (in hours) associated with the
`collection: There are an estimated 160
`total annual burden hours associated
`with this collection.
`If additional information is required
`contact: Robert Houser, Department
`Clearance Officer, Policy and Planning
`Staff, Justice ManagementDivision,
`United States Departmentof Justice,
`Two Constitution Square, 145 N Street
`NE,Suite 3E.206, Washington, DC
`20530.
`
`Dated: December 22, 2022.
`Robert Houser,
`Department Clearance Officer, Policy and
`PlanningStaff, Office of the ChiefInformation
`Officer, U.S. DepartmentofJustice.
`[FR Doc, 2022-28209 Filed 12-29-22; 8:45 am]
`BILLING GODE 4410-13-P
`
`
`NUCLEAR REGULATORY
`COMMISSION
`
`[NRC-2022-0001]
`
`Sunshine Act Meetings
`
`TIME AND DATE: Weeksof January 2, 9,
`16, 23, 30, February 6, 2023. The
`schedule for Commission meetings is
`subject to change on short notice. The
`NRC Commission Meeting Schedule can
`be found on the internet at: hitps://
`www.nre.gov/public-involve/public-
`meetings/schedule.html.
`PLACE: The NRCprovides reasonable
`accommodation to individuals with
`disabilities where appropriate. If you
`need a reasonable accommodation to
`participate in these public meetings or
`need this meeting notice or the
`transcript or other information from the
`public meetings in another format(e.g.,
`braille, large print), please notify Anne
`Silk, NRC Disability Program Specialist,
`at 301-287-0745, by videophoneat
`240-428-3217, or by email at
`Anne.Silk@nrc.gov. Determinations on
`
`