[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29776-29777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11997]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-858]


Certain Devices With Secure Communication Capabilities, 
Components Thereof, and Products Containing Same; Commission 
Determination Not To Review an Initial Determination Denying 
Respondent's Motion for Sanctions and Granting Complainants' Motion To 
Terminate the Investigation in its Entirety; Termination of 
Investigation

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 determined not to review an initial determination 
(``ID'') (Order No. 20) of the presiding administrative law judge 
(``ALJ'') denying respondent's motion for sanctions and granting 
complainants' motion to terminate the above-referenced investigation in 
its entirety. The investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-4737. 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 this investigation

[[Page 29777]]

on October 22, 2012, based on a complaint filed by VirnetX, Inc. 
(``VirnetX'') of Zephyr Cove, Nevada and Science Applications 
International Corporation (``SAIC'') of Mclean, Virginia (collectively, 
``Complainants''). 77 FR 64,546 (Oct. 22, 2012). The complaint alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent 
No. 8,051,181(``the '181 patent''). The complaint further alleges the 
existence of a domestic industry. The notice of investigation named 
Apple Inc. (``Apple'') of Cupertino, California as the sole respondent.
    On March 4, 2013, Complainants filed a motion seeking to terminate 
the investigation in its entirety based upon withdrawal of the 
complaint so that Complainants may focus on their district court 
litigation. Apple opposed the motion in part on March 14, 2013. On 
March 26, 2013, Apple filed a related motion seeking sanctions against 
complainants. On April 15, 2013, Apple withdrew its sanctions motion 
with respect to SAIC.
    On January 22, 2013, the ALJ issued the subject ID denying Apple's 
motion for sanctions and granting Complainants' motion to terminate the 
investigation in its entirety. The ALJ found that no extraordinary 
circumstances prevent Complainants' withdrawal of the complaint and 
that termination would be in the public interest. No petitions for 
review were filed.
    The Commission has determined not to review the subject ID.
    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 210.4 and 210.42 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4 & 210.42).

    By order of the Commission.

    Issued: May 15, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-11997 Filed 5-20-13; 8:45 am]
BILLING CODE 7020-02-P