[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11588-11589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4497]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-831]
Certain Electronic Devices for Capturing and Transmitting Images,
and Components Thereof
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on January 10, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Eastman Kodak Company of Rochester, New York. Letters supplementing the
complaint were filed on January 11, 2012 and February 10, 2012. The
complaint alleges violations of 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 electronic devices for
capturing and transmitting images and components thereof by reason of
infringement of certain claims of U.S. Patent No. 7,210,161 (``the '161
patent''); U.S. Patent No. 7,742,084 (``the '084 patent''); U.S. Patent
No. 7,453,605 (``the '605 patent''); U.S. Patent No. 7,936,391 (``the
'391 patent''); and U.S. Patent No. 6,292,218 (``the '218 patent'').
The complaint further alleges that an industry in the United States
exists as required by subsections (a)(2) and (3) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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., Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access
[[Page 11589]]
to the Commission should contact the Office of the Secretary at (202)
205-2000. General information concerning the Commission may also be
obtained by accessing its internet server at
http:[sol][sol]www.usitc.gov. The public record for this investigation
may be viewed on the Commission's electronic docket (EDIS) at
http:[sol][sol]edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2011).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on February 21, 2012, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain electronic
devices for capturing and transmitting images and components thereof by
reason of infringement of one or more of claims 5 and 7 of the '161
patent; claims 1 and 7-11 of the '084 patent; claims 1-6, 9-13, 16, 17,
19, and 20 of the '605 patent; claims 11, 12, and 15-18 of the '391
patent; and claims 15 and 23-27 of the '218 patent; and whether an
industry in the United States exists as required by subsections (a)(2)
and (3) of section 337;
(2) 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 complainant is:
Eastman Kodak Company, 343 State Street Rochester, NY 14650.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
Apple Inc., 1 Infinite Loop, Cupertino, CA 95014;
High Tech Computer Corp. a/k/a HTC Corp., 23 Xinghua Road, Taoyuan 330,
Taiwan;
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA
98005;
Exedea, Inc., 5950 Corporate Drive, Houston, TX 77036;
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice 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(d)-(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right 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 and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: February 22, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-4497 Filed 2-24-12; 8:45 am]
BILLING CODE 7020-02-P