FR 2021-02435

The document under review is a notice from the U.S. International Trade Commission published in the Federal Register. It concerns a complaint filed by Evolved Wireless, LLC against Samsung Electronics and Motorola Mobility. The complaint alleges violations related to certain LTE-compliant cellular communication devices under the Tariff Act of 1930. Evolved Wireless is requesting the Commission to impose restrictions on imports and sales of these devices, which they claim infringe on specific patents. The Commission is seeking public comments on how these measures might affect public interest factors such as health, safety, welfare, competitive market conditions, and consumer impact.

Summary

In essence, this document announces the receipt of a complaint and solicits public feedback on the potential economic and public welfare ramifications of the requested orders. This includes an exclusion order and a cease and desist order against the alleged infringing products. The document also sets deadlines and procedural requirements for submitting comments and supporting documents, mentioning the use of the Commission's Electronic Document Information System (EDIS) for electronic submissions.

Significant Issues and Concerns

One notable issue is the document's extensive use of legal and technical jargon. References to specific legal sections, such as "section 337 of the Tariff Act" and "§ 210.8(b)", are not explained in lay terms, which could complicate public comprehension. These references might confuse readers who are not familiar with legal frameworks, leading to possible misunderstanding of the complaint's implications or the invitation to comment.

The document outlines a timeline for public submissions but lacks clarity on the subsequent actions related to the Presidential review period, especially regarding the imposition of a bond. Moreover, while it provides contact information for further inquiry, it does not offer direct links or resources for navigating EDIS, potentially hindering first-time users.

Another critical aspect is the mention of confidential treatment for submissions. Although it indicates the option for confidential submissions, it does not provide a comprehensive guide on how to request and ensure such confidentiality, which could leave many unsure about the process.

Impact on the Public

For the general public, this document signals a possible change in the availability of certain cellular devices from major brands Samsung and Motorola. If the Commission sides with Evolved Wireless and imposes the requested orders, consumers could face diminished product choices or potential price changes in the short term.

Impact on Stakeholders

1. Consumers: A potential exclusion order could directly affect consumers, possibly limiting access to some devices, which might lead to disruption or inconvenience.

2. Competing Manufacturers: Manufacturers that produce similar devices within the U.S. might benefit from reduced competition, potentially boosting domestic sales.

3. Samsung and Motorola: These companies could face significant disruptions in their operations and sales if the exclusion and cease orders are granted. This would likely incur financial losses and compel them to adjust their strategies and product lines.

4. Evolved Wireless, LLC: Successfully obtaining the requested legal orders could enhance their market position and validate their patent claims, further strengthening their intellectual property rights.

Conclusion

Overall, while the document presents an imperative legal notification, its impact hinges on complex legal interpretations which may not be immediately accessible to the broader public. The potential consequences of the requested orders pose important policy questions regarding balancing patent rights with consumer access and economic competition. These questions underscore the importance of soliciting diverse viewpoints from public comments to inform the Commission's final determinations.