[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14159-14160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06081]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-949]
Certain Audio Processing Hardware and Software and Products
Containing Same; Institution of investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 9, 2015, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Andrea Electronics Corp., of Bohemia, New York. A letter supplementing
the complaint was filed on March 3, 2015. The complaint, as
supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain audio
processing hardware and software and products containing same by reason
of infringement of certain claims of U.S. Patent No. 5,825,898 (``the
'898 patent''); U.S. Patent No. 6,483,923 (``the '923 patent''); U.S.
Patent No. 6,049,607 (``the '607 patent''); U.S. Patent No. 6,363,345
(``the '345 patent''); and U.S. Patent No. 6,377,637 (``the '637
patent''). The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, as supplemented, except for any confidential
information contained therein, is 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., Room
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(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.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2014).
Scope of Investigation: Having considered the complaint, the U.S.
[[Page 14160]]
International Trade Commission, on March 11, 2015, ordered that --
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain audio
processing hardware and software and products containing same by reason
of infringement of one or more of claims 1-28 of the '898 patent;
claims 1-16 of the '923 patent; claims 1-12 and 25-37 of the '607
patent; claims 1-25, 38-40, and 42-47 of the '345 patent; and claims 1-
14 of the '637 patent, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1),
(g)(1);
(3) Notwithstanding any Commission Rules that would otherwise
apply, the presiding Administrative Law Judge shall hold an early
evidentiary hearing, find facts, and issue an early decision, as to
whether the complainant has standing to assert each of the asserted
patents. Any such decision shall be in the form of an initial
determination (ID). Petitions for review of such an ID shall be due
five calendar days after service of the ID; any replies shall be due
three business days after service of a petition. The ID will become the
Commission's final determination 30 days after the date of service of
the ID unless the Commission determines to review the ID. Any such
review will be conducted in accordance with Commission Rules 210.43,
210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The Commission
expects the issuance of an early ID relating to the standing issues
within 100 days of institution, except that the presiding ALJ may grant
a limited extension of the ID for good cause shown. The issuance of an
early ID finding complainant does not have standing to assert the
asserted patents shall stay the investigation unless the Commission
orders otherwise; any other decision shall not stay the investigation
or delay the issuance of a final ID covering the other issues of the
investigation.
(4) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Andrea Electronics Corp., 65 Orville Drive, Suite One, Bohemia, NY
11716.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Acer Inc., 8F, 88, Sec. 1, Xintai 5th Rd. Xixhi, New Taipei City 221,
Taiwan
Acer America Corp., 333 West San Carlos Street, Suite 1500, San Jose,
CA 95110
ASUSTeK Computer Inc., No. 15, Li-Te Rd., Beitou District, Taipei 112,
Taiwan
ASUS Computer International, 800 Corporate Way, Fremont, CA 94539
Dell Inc., One Dell Way, Round Rock, TX 78682
Hewlett Packard Co., 3000 Hanover Street, Palo Alto, CA 94304-1185
Lenovo Group Ltd., Shangdi Information Industry Base, No 6 Chuang Ye
Road, Haidan District, 100085 Beijing, China
Lenovo Holding Co., Inc., 1009 Think Place, Morrisville, NC 27650
Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27650
Toshiba Corp., 1-1, Shibaura 1-chome, Toshiba Building, Minato-Ku,
Tokyo 105-8001, Japan
Toshiba America, Inc., 1251 Avenue of the Americas, Suite 4110, New
York, NY 10020
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard,
Irvine, CA 92618
Realtek Semiconductor Corp., No. 2, Innovation Road II, Hsinchu Science
Park, Hsinchu 300, Taiwan
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 12, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-06081 Filed 3-17-15; 8:45 am]
BILLING CODE 7020-02-P