[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6834-6835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02066]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-867]
Certain Cases for Portable Electronic Devices; 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 December 26, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Speculative Product Design, LLC of Mountain View, 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 cases for portable
electronic devices by reason of infringement of U.S. Patent No.
8,204,561 (``the '561 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 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 cases for
portable electronic devices by reason of infringement of one or more of
claims 1-16 of the '561 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:
[[Page 6835]]
(a) The complainant is: Speculative Product Design, LLC, 303 Bryant
Street, Mountain View, CA 94041.
(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:
En Jinn Industrial Co. Ltd., No. 5 Wu Chan 3rd Rd., Wu Ku Industrial
Zone, New Taipei City, Taiwan.
Shengda Huanqiu Shijie, North Kao Ku Digital Building, 1st Floor,
Futian District, Shenzhen Huaqianq, C051, Shenzhen, China.
Global Digital Star Industry, Ltd., 22F, Hong Ling Building, Hong Ling
South Road, Futian District, Shenzhen City 518112, China.
JWIN Electronics Corp., dba iLuv, 2 Harbor Park Drive, Port Washington,
NY 11050.
Project Horizon, Inc., dba InMotion Entertainment, 4801 Executive Park
Court, Suite 100, Jacksonville, FL 32216.
Superior Communications, Inc., dba PureGear, 5027 Irwindale Avenue,
Suite 900, Irwindale, CA 91706.
Jie Sheng Technology, No. 2, Lane 92, Chen Nan 1 St., Tainan City 710,
Taiwan.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) This investigation is consolidated with Investigation No. 337-
TA-861, currently pending before the Honorable Thomas B. Pender,
Administrative Law Judge, U.S. International Trade Commission; and
(4) For the consolidated investigation so instituted, the Honorable
Charles E. Bullock, Chief Administrative Law Judge, U.S. International
Trade Commission, shall designate the presiding Administrative Law
Judge, who may adjust the target date and procedural schedule of the
consolidated investigation as necessary to avoid prejudice to the
rights of the parties.
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.
Issued: January 25, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-02066 Filed 1-30-13; 8:45 am]
BILLING CODE 7020-02-P