[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6835-6836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02061]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-864]
Certain Mobile Handset Devices and Related Touch Keyboard
Software; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 20, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Nuance Communications, Inc. of Burlington, Massachusetts. An amended
complaint was filed on January 11, 2013 on behalf of Nuance
Communications, Inc.; Swype, Inc.; Tegic Communications, Inc.; and ZI
Corporation, all of Burlington, Massachusetts. A supplement to the
amended complaint was filed on January 16, 2013. The amended 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 mobile handset devices and related
touch keyboard software by reason of infringement of certain claims of
U.S. Patent No. 7,750,891 (``the '891 patent''); U.S. Patent No.
7,453,439 (``the '439 patent''); U.S. Patent No. 7,098,896 (``the '896
patent''); U.S. Patent No. 7,075,520 (``the '520 patent''); and U.S.
Patent No. 6,286,064 (``the '064 patent''). The amended 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 amended 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 amended complaint,
the U.S. International Trade Commission, on January 24, 2013, 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 mobile
handset devices and related touch keyboard software that infringe one
or more of claims 36, 47, 50-52, and 55-57 of the '891 patent; claims
1-7 and 12-55 of the '439 patent; claims 1-3, 5-12, 17, and 19-51 of
the '896 patent; claims 1, 8, 9, 12-16, and 19-21 of the '520 patent;
and claims 1-4, 22-24, and 26 of the '064 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
[[Page 6836]]
this notice of investigation shall be served:
(a) The complainants are:
Nuance Communications, Inc., 1 Wayside Road, Burlington, Massachusetts
01803;
Swype, Inc., 1 Wayside Road, Burlington, Massachusetts 01803;
Tegic Communications, Inc., 1 Wayside Road, Burlington, Massachusetts
01803;
ZI Corporation of Canada, Inc., 1 Wayside Road, Burlington,
Massachusetts 01803.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Shanghai HanXiang (CooTek) Information, Technology Co., Ltd., 1023,
Bldg. 2, 555 Dongchuan Rd. Shanghai, Shanghai 200241 China;
Personal Communications Devices, LLC, 555 Wireless Boulevard,
Hauppauge, NY 11788.
(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 amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will
not be granted unless good cause therefore is shown.
Failure of a respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: January 25, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-02061 Filed 1-30-13; 8:45 am]
BILLING CODE 7020-02-P