[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34063-34064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13870]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-847]
Certain Electronic Devices, Including Mobile Phones and Tablet
Computers, and Components Thereof Institution of Investigation
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 May 2, 2012, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Nokia Corporation of Finland; Nokia Inc. of Sunnyvale, California; and
Intellisync Corporation of Sunnyvale, California. 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, including mobile
phones and tablet computers, and components thereof by reason of
infringement of certain claims of U.S. Patent No. 5,570,369 (``the '369
patent''); U.S. Patent No. 5,884,190 (``the '190 patent''); U.S. Patent
No. 6,141,664 (``the '664 patent''); U.S. Patent No. 6,393,260 (``the
'260 patent''); U.S. Patent No. 6,728,530 (``the '530 patent''); U.S.
Patent No. 7,106,293 (``the '293 patent''); U.S. Patent No. 7,209,911
(``the '911 patent''); U.S. Patent No. 7,365,529 (``the '529 patent'');
and U.S. Patent No. 7,415,247 (``the '247 patent''). The complaint
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337.
The complainants request 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.
[[Page 34064]]
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 the Secretary, Docket
Services Division, U.S. International Trade Commission, telephone (202)
205-1802.
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 June 1, 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 electronics
devices, including mobile phones and tablet computers, and components
thereof that infringe one or more of claims 1-3 and 5-9 of the '369
patent; claim 1 of the '190 patent; claims 3, 4, 21, 27, 28, 37, 38,
43, 44, 61, 67, 68, 77, and 78 of the '664 patent; claims 6, 8, 10, and
11 of the '260 patent; claims 1-4, 7-10, and 14-18 of the '530 patent;
claims 7, 9-11, and 13 of the '293 patent; claims 2, 6, and 9-14 of the
'911 patent; claims 1, 2, 4-13, 15-27, and 30 of the '529 patent;
claims 2, 10, 11, 14, 18, 19, 21, and 23 of the '247 patent, and
whether an industry in the United States exists as required by
subsection (a)(2) 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 complainants are:
Nokia Corporation, Keilalahdentie 4, PO Box 226, Espoo, Finland;
Nokia Inc., 200 South Mathilda Avenue, Sunnyvale, CA 94086;
Intellisync Corporation, 200 South Mathilda Avenue, Sunnyvale, CA
94086.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
HTC Corporation, 23 Xinghua Road, Taoyuan City, Taoyuan County 330,
Taiwan;
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA
98005;
Exedea, Inc., 5950 Corporate Drive, Houston, TX 77036, and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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: June 4, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-13870 Filed 6-7-12; 8:45 am]
BILLING CODE 7020-02-P