[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24514-24515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9767]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-839]
Certain Consumer Electronics, Including Mobile Phones and
Tablets; Institution of Investigation Pursuant to 19 U.S.C. 1337
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 March 13, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Pragmatus AV, LLC of Alexandria, Virginia. A letter supplementing the
complaint was filed on March 30, 2012. The complaint, as supplemented,
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
[[Page 24515]]
certain consumer electronics, including mobile phones and tablets, by
reason of infringement of certain claims of U.S. Patent No. 5,854,893
(``the `893 patent''); U.S. Patent No. 6,237,025 (``the `025 patent'');
U.S. Patent No. 7,054,904 (``the `904 patent''); U.S. Patent No.
7,185,054 (``the `054 patent''); and U.S. Patent No. 7,206,809 (``the
`809 patent''). The complaint further alleges that an industry in the
United States exists as required by subsection (a)(2) 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 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://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://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 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 17, 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 consumer
electronics, including mobile phones and tablets, that infringe one or
more of claims 13, 15, and 16 of the `893 patent; claims 33-37 and 43
of the `025 patent; claims 17, 19, 20, 22, and 23 of the `904 patent;
claims 10, 11, 13, and 14 of the `054 patent; claims 1-12, 34, 37, 40,
and 41 of the `809 patent, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 C.F.R. Sec.
210.50(b)(1), the presiding administrative law judge shall take
evidence or other information and hear arguments from the parties and
other interested persons with respect to the public interest in this
investigation, as appropriate, and provide the Commission with findings
of fact and a recommended determination on this issue, which shall be
limited to the statutory public interest factors, 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(3) 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: Pragmatus AV, LLC, 601 King Street, Suite
200, Alexandria, VA 22314.
(b) The respondents the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
ASUSTeK Computer, Inc., 4F, 150, Li-Te Road, Beitou District, Taipei
City, Taiwan;
ASUS Computer International, Inc., 800 Corporate Way, Fremont, CA
94539;
HTC Corporation, 23 Xinghua Road, Taoyuan, 330, Taiwan;
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA
98005;
LG Electronics, Inc., LG Twin Towers, 20, Yoido-dong, Youngdungpo-gu,
Seoul, 157-721, Republic of Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Ave., Englewood Cliffs, NJ
07632;
LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San
Diego, CA 92131;
Pantech Co., Ltd., 1-2, DMC Sangam-don Mapo-gu, Seoul, Republic of
Korea;
Pantech Wireless, Inc., 5607 Glenridge Drive, Suite 500, Atlanta, GA
30342;
Research In Motion Ltd., 295 Phillip Street, Waterloo, Ontario N2L 3W8,
Canada;
Research In Motion Corp., 122 W. John Carpenter Parkway, Suite 430,
Irving, TX 75039;
Samsung Electronics Co., Ltd, 1320-10, Seocho 2-dong Seocho-gu, Seoul,
Republic of Korea;
Samsung Electronics America, Inc., 105 Challenger Rd., Ridgefield Park,
NJ 07660;
Samsung Telecommunications America, L.L.C., 1301 East Lookout Drive,
Richardson, TX 75082.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) 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: April 18, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9767 Filed 4-23-12; 8:45 am]
BILLING CODE 7020-02-P