[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Notices]
[Page 68299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26971]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 337-TA-867/861 (Advisory Opinion Proceeding)]
Certain Cases for Portable Electronic Devices; Termination of an
Advisory Opinion 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 determined to terminate an advisory opinion proceeding
in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3042. 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-
861 on November 16, 2012, based on a complaint filed by Speculative
Product Design, LLC of Mountain View, California (``Speck''). 77 FR
68828 (Nov. 16, 2012). The complaint alleged violations of section 337
of the Tariff Act of 1930 (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 cases for portable electronic
devices by reason of infringement of various claims of United States
Patent No. 8,204,561 (``the '561 patent''). The complaint named several
respondents.
The Commission instituted Inv. No. 337-TA-867 on January 31, 2013,
based on a complaint filed by Speck. 78 FR 6834 (Jan. 31, 2013). That
complaint also alleged violations of section 337 of the Tariff Act of
1930 (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 cases for portable electronic devices by reason
of infringement of various claims of the '561 patent. The complaint
named several respondents. On January 31, 2013, the Commission
consolidated the two investigations. Id.
All the participating respondents were terminated from the
consolidated investigations as a result of settlement agreements,
consent motion stipulations, or withdrawal of the complaint as to them.
A number of the named respondents defaulted. On February 21, 2014, the
ALJ issued his final initial determination finding a violation of
section 337 as to claims 4, 5, 9, and 11 of the '561 patent by the
defaulting respondents and recommended issuance of a general exclusion
order (``GEO''). Based on evidence of a pattern of violation and
difficulty ascertaining the source of the infringing produces, the
Commission agreed with the ALJ and issued a GEO directed to cases for
portable electronic devices that infringe one of claims 4, 5, 9, and 11
of the '561 patent.
On September 4, 2014, Otter Products, LLC of Fort Collins, Colorado
(``Otter'') filed a request with the Commission asking for institution
of an advisory opinion proceeding to declare that its Symmetry Series
Products are not covered by the general exclusion order. On October 1,
2014, complainant Speck filed an opposition to Otter's request. On
October 22, 2014, the Commission determined to institute advisory
proceedings to determine whether Otter's Symmetry Series products
infringe one or more of claims 4, 5, 9, and 11 of the '561 patent. On
October 24, 2014, Otter filed a motion to withdraw its request for an
advisory opinion. Notice of the proceeding was published in the Federal
Register on October 28, 2014. 79 FR. 64214-15 (Oct. 28, 2014).
The Commission has determined to grant Otter's request and has
terminated the advisory proceeding.
The authority for the Commission's determination is contained in
sections 335 and 337 of the Tariff Act of 1930, as amended (19 U.S.C.
1335, 1337), and in Part 210 of the Commission's Rules of Practice and
Procedure (19 CFR Part 210).
Issued: November 7, 2014.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-26971 Filed 11-13-14; 8:45 am]
BILLING CODE 7020-02-P