이 매체는 공공·자유 라이선스로 본문을 직접 표시합니다. AGENCY:
U.S. International Trade Commission.
SUMMARY:
Notice is hereby given that the U.S. International Trade Commission has determined to review in part an initial determination (“ID”) (Order No. 14) issued by the presiding Administrative Law Judge (“ALJ”) granting a motion to amend the complaint to allege infringement of claims 7, 9, 10, and 20 of U.S. Patent No. 10,917,272 (“the '272 patent”) by respondents ASUSTeK Computer Inc. (Taiwan) of Taipei, Taiwan; ASUS Computer International, Inc. of Fremont, California; TP-Link Systems Inc. of Irvine, California; and Ubiquiti Inc. of New York, New York (collectively, “Remaining Respondents”) and, on review, affirm with modification to also amend the notice of investigation.
SUPPLEMENTARY INFORMATION:
The Commission instituted this investigation on March 6, 2026, based on a complaint filed by AX Wireless, LLC of Austin, Texas (“Complainant”). 91 FR 11086-87 (Mar. 6, 2026). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“section 337”), based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain laptops, routers and gateways, and components thereof by reason of the infringement of certain claims of the '272 patent as well as U.S. Patent Nos. 10,079,707; 11,646,927; 11,777,776; and 12,063,134.
Id.
at 11086. The complaint further alleges that a domestic industry exists.
Id.
In addition to the Remaining Respondents, the notice of investigation names as respondents: D-Link Corporation of Taipei, Taiwan, and D-Link Systems, Inc. of Irvine, California (collectively, “D-Link”).
Id.
at 11086-87. The Office of Unfair Import Investigations (“OUII”) is also a party to the investigation.
Id.
at 11087.
See
Order No. 13 (Apr. 30, 2026),
unreviewed by
Comm'n Notice (May 19, 2026).
On April 23, 2026, Complainant filed a motion to amend the complaint to allege infringement of dependent claims 7, 9, 10, and 20 of the '272 patent against the Remaining Respondents. On May 4, 2026, the Remaining Respondents and OUII filed responses in opposition to the motion. In particular, the Remaining Respondents and OUII argued that additional time may be required to address the newly-added claims.
See
Order No. 14 at 5.
On May 19, 2026, the ALJ issued the subject ID (Order No. 14) granting the motion to amend the complaint pursuant to Commission Rule 210.14(b), 19 CFR 210.14(b). The ID finds that good cause exists for adding the dependent claims, so all relevant claims are included in a single investigation.
See
Order No. 14 at 3. The ID also finds no prejudice because the investigation is still in its early stages and the evidentiary hearing is ten months away.
Id.
at 5.
No party filed a petition for review of the subject ID.
The Commission has determined to review the subject ID to indicate that both the complaint and notice of investigation are amended, pursuant to Commission Rule 210.14(b), to include allegations of infringement relating to dependent claims 7, 9, 10, and 20 of the '272 patent against the Remaining Respondents. On review, the Commission affirms the subject ID as modified. Accordingly, the complaint and notice of investigation are amended to allege infringement of claims 7, 9, 10, and 20 of the '272 patent by the Remaining Respondents.
The Commission's vote for this determination took place on June 12, 2026.
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: June 12, 2026
Lisa Barton,
Secretary to the Commission.