[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Notices]
[Pages 43068-43069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17395]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-613]
Certain 3g Mobile Handsets and Components Thereof; Commission
Determination Not To Review an Initial Determination Granting in Part
Motion of Nokia Corporation, Nokia Inc., and Microsoft Mobile OY To
Substitute Parties and Amend Notice of Investigation and Motion of
Microsoft Mobile OY To Intervene for the Limited Purpose of Filing the
Motion To Substitute Parties and Amend the Notice 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 the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 49)
granting in part a motion of respondents Nokia Corporation (``Nokia
Corp.'') and Nokia Inc. (collectively ``Nokia'') and non-party
Microsoft Mobile OY (``MMO'') to substitute parties and amend the
notice of investigation and a motion of MMO to intervene for the
limited purpose of filing the motion to substitute parties and amend
the notice of investigation.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. 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 Inv. No. 337-TA-
613 on September 11, 2007, based on a complaint filed by InterDigital
Communications Corp. of King of Prussia, Pennsylvania and InterDigital
Technology Corp. of Wilmington, Delaware (collectively,
``InterDigital'') on August 7, 2007. 72 FR 51838 (Sept. 11, 2007). The
complaint, as amended, alleged violations of section 337 of the Tariff
Act of 1930, as amended, (19 U.S.C. 1337) (``section 337'') in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain 3G mobile
handsets and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 7,117,004; 7,190,966 (``the '966 patent'');
7,286,847 (``the '847 patent''); and 6,973,579. The notice of
investigation named Nokia Corporation of Espoo, Finland and Nokia Inc.
of Irving, Texas (collectively, ``Nokia'') as respondents. Id. The
Office of Unfair Import Investigations was named as a participating
party. Id.
On August 14, 2009, the ALJ issued his final ID, finding no
violation of section 337. On October 16, 2009, the Commission
determined to review the Final ID in part and terminated the
investigation with a finding of no violation. 74 FR 55068-69 (Oct. 26,
2009).
InterDigital timely appealed the Commission's final determination
of no violation of section 337 as to all of the asserted claims of the
'966 patent and claim 5 of the '847 patent to the Federal Circuit. On
August 1, 2012, the U.S. Court of Appeals for the Federal Circuit
(``Federal Circuit'') reversed the Commission's construction of two
claim limitations found in the appealed patents-in-suit, reversed the
Commission's determination of non-infringement as to the asserted
claims of those patents, and remanded to the Commission for further
proceedings. InterDigital Commc'ns, LLC v. Int'l
[[Page 43069]]
Trade Comm'n., 690 F.3d 1318 (Fed. Cir. 2012).
On February 12, 2014, the Commission issued a Notice, Order, and
Opinion deciding certain aspects of the investigation and remanding
other aspects to the chief administrative law judge (``ALJ''). 79 FR
9277-79 (Feb. 18, 2014); see also Comm'n Op. Remanding Investigation
(Feb. 12, 2014); Comm'n Order Remanding Investigation (Feb. 12, 2014).
On February 24, 2014, Nokia petitioned for reconsideration of the
Commission's remand Order and Opinion. On March 24, 2014, the
Commission granted in part the petition for reconsideration and issued
a revised remand notice, order, and opinion. 79 FR 17571-73 (Mar. 28,
2014).
On May 21, 2014, respondents Nokia Corp. and Nokia Inc. and non-
party MMO filed a motion to substitute MMO for Nokia Corp. as a result
of MMO's recent acquisition of Nokia's Devices and Services business
unit and to amend the Notice of Investigation (``NOI''). MMO also filed
a motion to intervene for the limited purpose of filing the motion to
substitute parties and amend the NOI. On May 30, 2014, the Commission
investigative attorney (``IA'') filed a response, supporting the
request to amend the NOI and to add MMO as a respondent but opposing
the request to terminate Nokia Corp. from the investigation. On June 2,
2014, complainants InterDigital filed a response likewise agreeing that
the NOI should be amended to add MMO as a respondent but that Nokia
Corp. should not be terminated from the investigation.
On June 18, 2014, the presiding ALJ issued the subject ID, granting
MMO's motion to intervene and granting in part Nokia's and MMO's motion
to amend the NOI. Specifically, the ALJ granted the motion to add MMO
as a respondent but denied the motion with respect to substituting MMO
for Nokia Corp. and terminating Nokia Corp. from the investigation.
On June 26, 2014, Nokia and MMO filed a petition for review of the
subject ID, arguing that the ALJ erred by granting relief not requested
by either moving party and by failing to substitute MMO for Nokia Corp.
and terminate Nokia Corp. from the investigation. On July 1, 2014, the
IA filed a response to Nokia's petition. On July 3, 2014, InterDigital
filed a response to Nokia's petition.
The Commission has determined not to review the subject 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).
Issued: July 18, 2014.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-17395 Filed 7-23-14; 8:45 am]
BILLING CODE 7020-02-P