[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Notices]
[Pages 20377-20378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08718]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1051]
Certain LTE Wireless Communication Devices and Components Thereof
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 March 27, 2017, under section
337 of the Tariff Act of 1930, as amended, on behalf of LG Electronics,
Inc. of the Republic of Korea; LG Electronics Alabama, Inc. of
Huntsville Alabama; and LG Electronics MobileComm U.S.A., Inc. of
Englewood Cliffs, New Jersey. The complaint 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 LTE wireless communication devices and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 7,916,714 (``the '714 patent''); U.S. Patent No. 8,107,456
(``the '456 patent''); U.S. Patent No. 9,191,173 (``the '173 patent'');
U.S. Patent No. 9,225,572 (``the '572 patent''); and U.S. Patent No.
8,891,560 (``the '560 patent''). The complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, 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 https://www.usitc.gov.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at https://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,
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2016).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 24, 2017, 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 LTE wireless
communication devices and components thereof by reason of infringement
of one or more of claims 1-3 and 7-9 of the '714 patent; claims 1-4, 7,
10-13, and 16 of the '456 patent; claims 1, 2, 4, 11, 12, and 14 of the
'173 patent; claims 1-3, 5-9, 11-14, and 16-19 of the '572 patent; and
claims 1-6 of the '560 patent, and whether an industry in the United
States exists as
[[Page 20378]]
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:
LG Electronics, Inc., LG Twin Towers, 128 Yeoui-daero, Yeongdungpo-gu,
Seoul, 07336, Republic of Korea.
LG Electronics Alabama, Inc., 201 James Record Road, Huntsville, AL
35824.
LG Electronics MobileComm U.S.A., Inc., 1000 Sylvan Avenue, Englewood
Cliffs, NJ 07632.
(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:
BLU Products, Inc., 10814 NW 33rd Street, Doral, FL 33172.
CT Miami, LLC, 10814 NW 33rd Street, Doral, FL 33172.
(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 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: April 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-08718 Filed 4-28-17; 8:45 am]
BILLING CODE 7020-02-P