[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14278-14279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05468]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-847]
Certain Mobile Phones and Tablet Computers, and Components
Thereof; Notice of the Commission's Determination To Grant the Parties'
Joint Motion To Terminate the Investigation Based on a Settlement
Agreement; 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 to grant the parties' joint motion to
terminate the investigation on the basis of a settlement agreement.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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 (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
on June 8, 2012, based on a complaint filed by Nokia Corp., Nokia Inc.,
and Intellisync Corp. (collectively, ``Nokia''). 77 FR 34063-64. The
Commission's notice of investigation named as respondents HTC
Corporation; HTC America, Inc. (together, ``HTC''); and Exedea, Inc.
(``Exedea''). Id. at 34064. On June 19, 2012, counsel for Exedea
announced that Exedea had dissolved as a corporate entity. The
complaint and notice of investigation sent to Exedea were returned as
undeliverable, and no further action was taken to serve Exedea. On July
16, 2012, Google Inc. (``Google'') moved to intervene in this
investigation with respect to certain patents, and was granted
intervenor status on August 7, 2012. The Office of Unfair Import
Investigations did not participate in this investigation.
Originally, Nokia asserted numerous claims from nine patents
against HTC. Throughout the course of the investigation, several IDs
partially terminated the investigation with respect to various patents
and claims. See Order No. 7 (Feb. 7, 2013) (terminating the
investigation with respect to U.S. Patent No. 7,366,529 because the
patent was covered by an arbitration agreement), not reviewed (Mar. 11,
2013); Order No. 10 (Apr. 12, 2013) (terminating the investigation with
respect to U.S. Patent Nos. 7,106,293; 6,141,664; and 7,209,911 based
on Nokia's motion to withdraw the patents), not reviewed (Apr. 30,
2013); Order No. 14 (May 14, 2013) (terminating the investigation with
respect to U.S. Patent No. 6,728,530 based on Nokia's motion to
withdraw the patent), not reviewed (May 29, 2013); Order No. 33 (June
13, 2013) (terminating the investigation with respect to U.S. Patent
No. 5,570,369 based on Nokia's motion to withdraw the patent), not
reviewed (July 12, 2013). By the time of the final ID, Nokia asserted
only claim 1 of U.S. Patent No. 5,884,190; claims 6, 8, 10, and 11 of
U.S. Patent No. 6,393,260; and claims 2, 18, 19, 21, and 23 of U.S.
Patent No. 7,415,247.
On September 23, 2013, the presiding ALJ issued his final ID,
finding a violation of section 337. On October 23, 2013, HTC filed a
petition for review of the ID. On December 9, 2013, the Commission
determined to review the final ID in part. 78 FR 75942-43 (Dec. 13,
2013).
On February 7, 2014, Nokia and HTC jointly moved to terminate the
investigation based on a settlement agreement (``Motion''). The Motion
contains two confidential settlement document attachments, and states
there are no other agreements, written or oral, express or implied,
between Nokia and HTC regarding the subject matter of this
Investigation. The Motion further states that the termination of this
investigation pursuant to a settlement agreement poses no threat to the
public interest
[[Page 14279]]
and that it is in the interest of the public and administrative economy
to grant the Motion. The Motion also requests that the Commission limit
service of the confidential settlement documents to the settling
parties because the disclosure of the documents will prejudice Nokia's
ongoing discussions with Google and its customers.
On February 12, 2014, Google stated that it has no position on the
Motion because none of the patents upon which it had intervened were
currently before the Commission.
The Commission finds that the Motion complies with the Commission
Rules, and there is no evidence that the proposed settlement will be
contrary to the public interest. The Commission therefore determines to
grant the Motion, and to terminate the investigation. The Commission
also finds that good cause exists to limit the service of the
confidential settlement documents to the settling parties, and grants
the request to limit service of the confidential settlement documents
to the settling parties.
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
Issued: March 7, 2014.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-05468 Filed 3-12-14; 8:45 am]
BILLING CODE 7020-02-P