[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6837-6838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02065]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-866]
Certain Wireless Communications Equipment and Articles Therein;
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 21, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on
behalf of Samsung Electronics Co., Ltd., Seoul, Republic of Korea and
Samsung Telecommunications America, LLC of Richardson, Texas. A letter
supplementing the complaint was filed on January 10, 2013. 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 wireless communications
equipment and articles therein by reason of infringement of U.S. Patent
No. 7,782,749 (``the `749 patent''); U.S. Patent No. 8,165,081 (``the
`081 patent''); U.S. Patent No. 8,208,438 (``the `438 patent''); U.S.
Patent No. 8,228,827 (``the `827 patent''); U.S. Patent No. 6,617,929
(``the `929 patent''); U.S. Patent No. 6,767,813 (``the `813 patent'');
U.S. Patent No. 6,865,682 (``the `682 patent''). The complaint further
alleges that an industry in the United States exists or is in the
process of being established 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. 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 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 wireless
communications equipment and articles therein by reason of infringement
of one or more of claims 1-13 of the `749 patent; claims 1, 4, 9, and
12 of the `081 patent; claims 1-14 of the `438 patent; claims 1-8 of
the `827 patent; claims 1-8 of the `929 patent; claims 1-3, 5-12, and
14-23 of the `813 patent; and claims 1, 2, 4, and 8 of the `682 patent,
and whether an industry in the United States exists or is in the
process of being established as required by subsection (a)(2) of
section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 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 complainants are:
Samsung Electronics Co., Ltd., Samsung Main Building, 250, Taepyung-ro
2-ka, Chung-ku, Seoul 100-742, Republic of Korea.
Samsung Telecommunications America, LLC, 1301 East Lookout Drive,
Richardson, TX 75082.
(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:
Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024.
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 23, Kista, Stockholm,
Sweden 164 83.
(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),
[[Page 6838]]
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 therefore 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: January 25, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-02065 Filed 1-30-13; 8:45 am]
BILLING CODE 7020-02-P