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Certain Windshield Wiper Devices and Components Thereof; Notice of Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation

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American Government

Certain Windshield Wiper Devices and Components Thereof; Notice of Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation

Jennifer D. Rohrbach
International Trade Commission
September 16, 2014


[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55502-55503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22013]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-Ta-881]


Certain Windshield Wiper Devices and Components Thereof; Notice 
of Commission Determination To Grant a Joint Motion To Terminate the 
Investigation on the Basis of a Settlement Agreement; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant the joint motion to terminate the 
above-captioned investigation based upon a settlement agreement. The 
Commission has also determined to grant the joint motion to stay the 
investigation pending resolution of the joint motion to terminate. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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 SW., Washington, DC 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's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 11, 2013, based on a complaint filed by complainants Federal-
Mogul Corporation of Southfield, Michigan and Federal-Mogul S.A. of 
Aubange, Belgium (collectively ``Federal-Mogul''). 78 FR 35050-51 (June 
11, 2013). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain 
windshield wiper devices and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,347,449 (``the '449 
patent''). The complaint further alleges the existence of a domestic 
industry. The Commission's Notice of Investigation named as respondents 
Trico Corporation of Rochester Hills, Michigan (``Trico Corp.''); Trico 
Products of Brownsville, Texas (``Trico Products''); and Trico 
Components, SA de CV of Matamoros, Mexico (collectively ``Trico''). 78 
FR at 35050. The Office of Unfair Import Investigations was also named 
as a party. Id. The Notice of Investigation was later amended to 
correct the names of Trico Corp. and Trico Products to Trico Products 
Corporation of New York. 79 FR 9922-923 (Feb. 21, 2014); see Order No. 
27 (Jan. 22, 2014).
    On May 8, 2014, the ALJ issued his final ID, finding a violation of 
section 337. Specifically, the ALJ found a violation of section 337 
with respect to claims 1 and 5 of the '449 patent. The ALJ did not, 
however, find a violation of section 337 with respect to claims 2-4 and 
6-14 of the '449 patent. The final ID included the ALJ's recommended 
determination on remedy and bonding.
    On May 21, 2014, Trico filed a petition for review concerning the 
final ID's finding of violation with respect to claims 1 and 5 of the 
'449 patent. Also on May 21, 2014, Federal-Mogul and the Commission 
investigative attorney (``IA'') each filed a petition for review of 
certain aspects of the final ID concerning the ALJ's finding of no 
violation with respect to claims 2-4 and 6-14 of the '449 patent.
    On July 9, 2014, the Commission determined to review the final ID 
in part with respect to issues of claim construction, infringement, and 
the technical prong of the domestic industry requirement and requested 
briefing on certain of the issues under review. 79 FR 41303-05 (July 
15, 2014). On July 22, 2014, the parties submitted initial briefs in 
response to the Commission's notice.
    On July 29, 2014, Federal-Mogul and Trico filed a joint motion to 
terminate the investigation based on a settlement agreement pursuant to 
sections 210.21(a)(2) and (b) of the Commission Rules of Practice and 
Procedure (19 CFR

[[Page 55503]]

210.21(a)(2) and (b)). On July 30, 2014, Federal-Mogul and Trico filed 
a request that the investigation be stayed pending the Commission's 
decision on the termination motion. On August 8, 2014, the IA filed a 
response supporting the joint motion.
    The Commission has determined to grant the joint motion to 
terminate the investigation. Section 337(c) provides, in relevant part, 
that the Commission may terminate an investigation ``on the basis of an 
agreement between the private parties to the investigation.'' When the 
investigation is before the Commission, as is the case here, the 
Commission has acted on motions to terminate on the basis of 
settlement. See, e.g., Certain Wireless Consumer Electronics Devices 
and Components Thereof, Inv. No. 337-TA-853, Notice of Commission 
Determination to Grant the Consent Motion to Terminate the 
Investigation-In-Part as to Respondents Kyocera Corporation And Kyocera 
Communications, Inc. on the Basis of a Settlement Agreement (Sept. 20, 
2013). Commission Rule 210.21(b), which implements section 337(c), 
requires that a motion for termination based upon a settlement contain 
a copy of that settlement agreement, as well as a statement that there 
are no other agreements, written or oral, express or implied, between 
the parties concerning the subject matter of the investigation. The 
joint motion complies with these requirements.
    The Commission also considers the public interest when terminating 
an investigation based upon a settlement agreement. 19 CFR 
210.50(b)(2). We find no evidence that termination of the investigation 
will prejudice the public interest or that settlement will adversely 
impact the public health and welfare, competitive conditions in the 
United States economy, the production of like or directly competitive 
articles in the United States, or United States consumers. Moreover, 
the public interest favors settlement to avoid needless litigation and 
to conserve public and private resources.
    Accordingly, the Commission hereby grants the joint motion to 
terminate this investigation on the basis of a settlement agreement. 
The Commission also grants the joint motion to stay the investigation 
pending resolution of the joint motion to terminate.
    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).

    Issued: September 11, 2014.

    By order of the Commission.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014-22013 Filed 9-15-14; 8:45 am]
BILLING CODE 7020-02-P



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