[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Pages 31576-31577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12373]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-854]
Enforcement Proceeding; Certain Two-Way Global Satellite
Communication Devices, System and Components Thereof; Notice of
Institution of Formal Enforcement Proceeding
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 relating to
the April 5, 2013, consent order issued in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
[[Page 31577]]
708-2310. 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 original
investigation on September 21, 2012, based on a complaint filed on
behalf of BriarTek IP, Inc. (``BriarTek'') of Alexandria, Virginia. 77
FR 58579-80. The complaint alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into
the United States, the sale for importation, and the sale within the
United States after importation of certain two-way global satellite
communication devices, system and components thereof by reason of
infringement of certain claims of U.S. Patent No. 7,991,380 (``the '380
patent''). The complaint further alleged the existence of a domestic
industry. The Commission's notice of investigation named as respondents
Yellowbrick Tracking, Ltd. (``Yellowbrick'') of Essex, United Kingdom;
DeLorme Publishing Company, Inc.; and DeLorme InReach LLC
(collectively, ``DeLorme''), both of Yarmouth, Maine. On December 7,
2012, Yellowbrick was terminated from the investigation based on a
settlement agreement.
On April 5, 2013, the Commission issued notice of its determination
not to review the presiding administrative law judge's initial
determination granting DeLorme's motion to terminate the investigation
based on a consent order stipulation and issued a consent order. The
consent order prohibits the importing or selling for importation in the
United States, or selling or offering for sale within the United States
after importation any two-way global satellite communication devices,
system, and components thereof that infringe one or more of claims 1,
2, 5, 10-12, and 34 of the '380 patent.
On April 10, 2013, BriarTek filed a complaint for enforcement
proceedings under Commission Rule 210.75. BriarTek asserts that DeLorme
has violated the consent order by the continued practice of prohibited
activities such as selling or offering for sale within the United
States after importation two-way global satellite communication
devices, systems, or components thereof that infringe one or more of
the asserted claims of the '380 patent.
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
contained in Commission rule 210.75, the Commission has determined to
institute formal enforcement proceedings to determine whether DeLorme
is in violation of the April 5, 2013 consent order issued in the
investigation, and what, if any, enforcement measures are appropriate.
The following entities are named as parties to the formal enforcement
proceeding: (1) BriarTek, (2) respondent DeLorme, and (3) the Office of
Unfair Import Investigations.
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 section 210.75 of the Commission's Rules of Practice and Procedure
(19 CFR 210.75).
Issued: May 20, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-12373 Filed 5-23-13; 8:45 am]
BILLING CODE 7020-02-P