[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Page 42050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16881]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-868]
Certain Wireless Devices With 3G and/or 4G Capabilities and
Components Thereof; Commission Decision Not To Review an Initial
Determination Regarding Substitution of Respondents
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 the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 116),
substituting Microsoft Mobility OY (``MMO'') for one of the two Nokia
respondents.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2532. 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
on February 5, 2013, based on a complaint filed by InterDigital
Communications, Inc. of King of Prussia, Pennsylvania, as well as
InterDigital Technology Corporation, IPR Licensing, Inc., and
InterDigital Holdings, Inc., each of Wilmington, Delaware
(collectively, ``InterDigital''). 78 FR 8191 (Feb. 5, 2013). The
complaint alleged violations of section 337 of the Tariff Act of 1930,
as amended 19 U.S.C. 1337, by reason of the infringement of certain
claims from seven United States Patents. The notice of institution
named ten respondents including Nokia, Inc. of White Plains, New York;
and Nokia Corp. of Espoo, Finland (collectively, ``Nokia'').
On September 2, 2013, Microsoft Corp. (``Microsoft''), through an
affiliate, entered into a Stock and Asset Purchase Agreement with Nokia
Corp. (``the Purchase Agreement''). Pursuant to the Purchase Agreement,
Microsoft subsidiary Microsoft Mobility OY (``MMO'') acquired
substantially all of Nokia's Devices & Services Business, which
includes all of Nokia's mobile device business, including smartphones.
Those assets include the entirety of respondent Nokia, Inc. as well as
substantial assets from Nokia Corp., which maintains other lines of
business, including network equipment and mapping technology. Microsoft
also agreed to acquire all liabilities of Nokia Corp. from pending
litigations including this investigation. Microsoft has assumed control
of defending this investigation.
On May 20, 2014, Nokia and MMO moved to substitute MMO for Nokia,
Inc. and Nokia Corp. On May 30, 2013, InterDigital and the Commission
investigative attorney (``IA'') filed responses in opposition.
On June 13, 2014, the ALJ issued the subject ID (Order No. 116),
which substituted MMO for Nokia, Inc. but not for Nokia Corp.
On June 23, 2014, the respondents (Nokia, Inc.; Nokia Corp.; and
MMO) filed a petition for review of Order No. 116, seeking substitution
as to Nokia Corp. as well. On June 30, 2014, InterDigital and the IA
filed oppositions to the respondents' petition.
The Commission has determined not to review the ID. The Commission
notes that pursuant to Commission Rule 210.21(c), 19 CFR 210.21(c),
Nokia Corp. may enter into a consent order to terminate its
participation in this investigation.
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).
By order of the Commission.
Issued: July 14, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-16881 Filed 7-17-14; 8:45 am]
BILLING CODE 7020-02-P