Certain Mobile Telephone Handsets, Wireless Communication Devices, and Components Thereof; Notice of Investigation, 39362 [E6-10910]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Notices]
[Page 39362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10910]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-578]


 Certain Mobile Telephone Handsets, Wireless Communication 
Devices, and Components Thereof; 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 June 9, 2006, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
QUALCOMM Incorporated of San Diego, California. A supplement to the 
complaint was filed on June 27, 2006. 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 mobile telephone handsets, wireless 
communication devices, and components thereof by reason of infringement 
of claims 1, 3, and 4 of U.S. Patent No. 5,452,473; claim 1 of U.S. 
Patent No. 5,590,408; claims 2, 7, and 8 of U.S. Patent No. 5,655,220; 
claims 1, 6, 9, 18, 23, and 24 of U.S. Patent No. 5,576,767; claims 3, 
4, 13, 59, and 60 of U.S. Patent No. 5,542,104; and claims 1 and 7 of 
U.S. Patent No. 6,453,182. 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 permanent exclusion 
order and a permanent cease and desist order.

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: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2576.
    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 (2006).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 5, 2006, 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 mobile 
telephone handsets, wireless communication devices, or components 
thereof by reason of infringement of one or more of claims 1, 3, and 4 
of U.S. Patent No. 5,452,473; claim 1 of U.S. Patent No. 5,590,408; 
claims 2, 7, and 8 of U.S. Patent No. 5,655,220; claims 1, 6, 9, 18, 
23, and 24 of U.S. Patent No. 5,576,767; claims 3, 4, 13, 59, and 60 of 
U.S. Patent No. 5,542,104; and claims 1 and 7 of U.S. Patent No. 
6,453,182, 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--

QUALCOMM Incorporated, 5775 Morehouse Drive, San Diego, CA 92121.

    (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:

Nokia Corporation, Keilalahdentie 2-4 Espoo, P.O. Box 226, FIN-00045 
Nokia Group, Finland.
Nokia Inc., 6000 Connection Drive, Irving, Texas 75039.

    (c) The Commission Investigative Attorney, party to this 
investigation, is David O. Lloyd, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as 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(d) 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 
respondents, 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 a limited exclusion order or cease and desist order or both directed 
against the respondent.

    Issued: July 7, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-10910 Filed 7-11-06; 8:45 am]
BILLING CODE 7020-02-P