In the Matter of Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephone Handsets; Notice of Investigation, 35707-35708 [05-12197]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35707-35708]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12197]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-543]


In the Matter of Certain Baseband Processor Chips and Chipsets, 
Transmitter and Receiver (Radio) Chips, Power Control Chips, and 
Products Containing Same, Including Cellular Telephone Handsets; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 19, 2005, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Broadcom Corporation of Irvine, California. Supplements to the 
complaint were filed on June 7 and 10, 2005. The complaint as 
supplemented alleges violations of section 337 in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain baseband processor chips and 
chipsets, transmitter and receiver (radio) chips, power control chips, 
and products containing same, including cellular telephone handsets, by 
reason of infringement of claims 1-5, 7, 8, 13, 14, and 16-19 of U.S. 
Patent No. 6,374,311, claims 1, 4, 8, 9, 11, 14, and 17-24 of U.S. 
Patent No. 6,714,983, claim 2 of U.S. Patent No. 5,682,379, claims 8-11 
and 13 of U.S. Patent No. 6,359,872, and claims 33, 35, and 38 of U.S. 
Patent No. 6,583,675. The complaint further alleges that there exists 
an industry in the United States as required by subsection (a)(2) of 
section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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: Karin J. Norton, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2606.

    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 (2004).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 15, 2005, ordered that--

[[Page 35708]]

    (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 baseband 
processor chips or chipsets, transmitter or receiver (radio) chips, 
power control chips, or products containing same, including cellular 
telephone handsets, by reason of infringement of one or more of claims 
1-5, 7, 8, 13, 14, and 16-19 of U.S. Patent No. 6,374,311, claims 1, 4, 
8, 9, 11, 14, and 17-24 of U.S. Patent No. 6,714,983, claim 2 of U.S. 
Patent No. 5,682,379, claims 8-11 and 13 of U.S. Patent No. 6,359,872, 
and claims 33, 35, and 38 of U.S. Patent No. 6,583,675, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    (2) 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-Broadcom Corporation, 16215 Alton Parkway, 
Irvine, California 92618.
    (b) The respondent is the following company alleged to be in 
violation of section 337 and upon which the complaint is to be served: 
Qualcomm Incorporated, 5775 Morehouse Drive, San Diego, CA 92121.
    (c) Karin J. Norton, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Suite 401, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    A response 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(d) and 210.13(a), such response will be 
considered by the Commission if received no 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 the response to the 
complaint 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 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 both an 
initial determination and a final determination containing such 
findings, and may result in the issuance of a limited exclusion order 
or a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: June 16, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-12197 Filed 6-20-05; 8:45 am]
BILLING CODE 7020-02-P