[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40083-40084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16574]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-710]
Certain Personal Data and Mobile Communications Devices and
Related Software; Institution of a Formal Enforcement Proceeding;
Denial of Request for Temporary Emergency Action
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has instituted a formal enforcement proceeding related to
the December 19, 2011, limited exclusion order issued in the above-
captioned investigation, and has denied the complainant's request for
temporary emergency action.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation are
or will be 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., Washington, DC 20436,
telephone (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.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation on April 6, 2010, based on a complaint filed by Apple
Inc., and its subsidiary NeXT Software, Inc., both of Cupertino,
California (collectively, ``Apple''), alleging a violation of section
337 in the importation, sale for importation, and sale within the
United States after importation of certain personal data and mobile
communications devices and related software. 75 FR 17434 (Apr. 6,
2010). The complaint named as proposed respondents High Tech Computer
Corp. of Taiwan (``HTC'') and its United States subsidiaries HTC
America Inc. of Bellevue, Washington (``HTC America''), and Exedea,
Inc. of Houston, Texas (``Exedea''). The complaint alleged the
infringement of numerous patents, including certain claims in U.S.
Patent No. 5,946,647 (``the '647 patent'').
On December 19, 2011, the Commission found a violation of section
337 as to claims 1 and 3 of the '647 patent, and no violation of
section 337 as to any other asserted claims. 76 FR 80402 (Dec. 23,
2011). An opinion accompanied the notice. The Commission issued a
limited exclusion order, the enforcement of which the Commission
determined would not commence until April 19, 2012, in order to provide
time for wireless carriers to transition to different products.
On June 4, 2012, Apple filed a complaint requesting that the
Commission institute a formal enforcement proceeding under Commission
Rule 210.75 to investigate a violation of the limited exclusion order,
and seeking temporary emergency action under Commission Rule 210.77.
The complaint names as proposed respondents HTC and HTC America. On
June 15, 2012, HTC and HTC America submitted a letter to the Commission
opposing Apple's request for temporary emergency action, and seeking to
narrow the scope of any enforcement action instituted based in part on
Apple's waiver of certain arguments in the underlying investigation. On
June 18, 2012, third-party T-Mobile USA, Inc. (``T-Mobile'') filed a
letter with the Commission arguing that any further Commission action
should be accompanied by a new four-month transition period. Apple and
HTC filed additional letters with the Commission on June 21 and 22,
2012, respectively.
Having examined the complaint seeking a formal enforcement
proceeding, and having found that the complaint complies with the
requirements for institution of a formal enforcement proceeding as set
forth in Commission Rule 210.75, the Commission has determined to
institute formal enforcement proceedings to determine whether HTC and
HTC America are in violation of the December 19, 2011, limited
exclusion order. The following entities are named as parties to the
formal enforcement proceeding: (1) Apple; (2) respondents HTC and HTC
America; and (3) the Office of Unfair Import Investigations.
As set forth more fully in the accompanying Order, the Commission
[[Page 40084]]
has determined not to take temporary emergency action under Commission
Rule 210.77.
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 sections 210.75 and 210.77 of the Commission's Rules of Practice and
Procedure (19 CFR 210.75 and 210.77).
Issued: July 2, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-16574 Filed 7-5-12; 8:45 am]
BILLING CODE 7020-02-P