[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14406-14407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06245]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-950]
Certain Electronic Products, Including Products With Near Field
Communication (``NFC'') System-Level Functionality and/or Battery
Power-Up Functionality, Components Thereof, 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 10, 2015, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
NXP B.V. of The Netherlands and NXP Semiconductors USA, Inc. of San
Jose, California. A letter supplementing the complaint was filed on
February 27, 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 electronic products, including products with
near field communication (``NFC'') system-level functionality and/or
battery power-up functionality, components thereof, and products
containing same by reason of infringement of certain claims of U.S.
Patent No. 7,412,230 (``the '230 patent''); U.S. Patent No. 8,280,304
(``the '304 patent''); U.S. Patent No. 8,065,389 (``the '389 patent'');
U.S. Patent No. 8,204,959 (``the '959 patent''); U.S. Patent No.
8,412,185 (``the '185 patent''); and U.S. Patent No. 6,590,365 (``the
'365 patent''). The complaint further alleges that an industry in the
United States exists as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection
[[Page 14407]]
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.
International Trade Commission, on March 12, 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 electronic
products, including products with near field communication (``NFC'')
system-level functionality and/or battery power-up functionality,
components thereof, and products containing same by reason of
infringement of one or more of claims 6 and 7 of the '230 patent;
claims 1 and 11 of the '304 patent; claims 1 and 5 of the '389 patent;
claims 1 and 13 of the '959 patent; claims 1 and 8 of the '185 patent;
and claims 1 and 7 of the '365 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 set forth in 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(3) 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 complainants are:
NXP B.V., High Tech Campus 60, 5656 AG, Eindhoven, The Netherlands.
NXP Semiconductors USA, Inc., 411 East Plumeria Drive, San Jose, CA
95134.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
Dell, Inc., One Dell Way, Round Rock, TX 78682.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) 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 respondent 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 the 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 13, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-06245 Filed 3-18-15; 8:45 am]
BILLING CODE 7020-02-P