In the Matter of: Certain GPS Chips, Associated Software and Systems, and Products Containing Same; Notice of Commission Determination Not To Review ALJ Order No. 36 Granting in Part Complainant's Motion for Summary Determination That the Importation Requirements of 19 U.S.C. 1337 Have Been Met, 15005 [E8-5613]

Download as PDF Federal Register / Vol. 73, No. 55 / Thursday, March 20, 2008 / Notices mstockstill on PROD1PC66 with NOTICES complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. **1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain DVD players and recorders and certain products containing the same by reason of infringement of claims 6 and 7 of U.S. Patent No. 5,587,991, claims 16 and 31 of the ‘523 patent, and claim 4 of U.S. Patent No. 5,956,306. The complaint named over a dozen respondents, including the GVG respondents. Each respondent has been terminated from the investigation on the basis of settlement, consent order, or, in the case of the GVG respondents, default. Because the GVG respondents were found in default, and thus subject to a limited exclusion order under section 337(g)(1), 19 U.S.C. 1337(g)(1), the Commission requested briefing from interested parties on remedy, the public interest, and bonding on December 17, 2007. On February 15, 2008, the Commission issued a limited exclusion order prohibiting the unlicensed entry of certain DVD players and recorders and products containing same by reason of infringement of claims 6 and 7 of U.S. Patent No. 5,587,991, claim 31 of the ‘523 patent, and claim 4 of U.S. Patent No. 5,956,306, and that are manufactured abroad by or on behalf of, or imported by or on behalf of, the GVG respondents. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. Under section 337(g)(1), 19 U.S.C. 1337 (g)(1), in the case of a defaulting respondent, the Commission presumes facts alleged in the complaint to be true. Accordingly, method claim 16 of the ‘523 patent should have been included in the limited exclusion order. The inclusion of method claim 16 will not broaden the scope of products covered by the exclusion order. Rather, it will merely provide an additional basis for exclusion of the products already covered by the order. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and § 210.16(c) of the Commission’s Rules of Practice and Procedure (19 CFR 210.16(c)). By order of the Commission. Issued: March 14, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–5609 Filed 3–19–08; 8:45 am] BILLING CODE 7020–02–P VerDate Aug<31>2005 16:44 Mar 19, 2008 Jkt 214001 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–596] In the Matter of: Certain GPS Chips, Associated Software and Systems, and Products Containing Same; Notice of Commission Determination Not To Review ALJ Order No. 36 Granting in Part Complainant’s Motion for Summary Determination That the Importation Requirements of 19 U.S.C. 1337 Have Been Met U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 36) of the presiding administrative law judge (‘‘ALJ’’) granting in part complainant’s motion for summary determination that the importation requirements of 19 U.S.C. 1337(a)(1)(B) have been met in the above-captioned investigation. FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202–205–3152. Copies of the ID and all other nonconfidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone 202–205–2000. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (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. SUPPLEMENTARY INFORMATION: On March 13, 2007, the Commission instituted an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on a complaint filed by SiRF Technology, Inc. of San Jose, California (‘‘SiRF’’), alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain GPS chips, associated software and systems, and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,304,216; 7,043,363; PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 15005 7,091,904 (‘‘the ’904 patent’’); and 7,132,980. 72 FR 11378 (Mar. 13, 2007). The complainant named Global Locate, Inc. of San Jose, California (‘‘Global Locate’’) as respondent. The complaint and notice of investigation were later amended to include one additional claim of the ’904 patent. Subsequently, the investigation was terminated with respect to the ’904 patent and certain other asserted claims of the remaining patents. The complaint and notice of investigation were also amended to add Broadcom, Inc. as a respondent to the investigation. On February 1, 2008, complainant SiRF moved for summary determination that the importation requirements of 19 U.S.C. 1337(a)(1)(B) have been met. On February 15, 2008, Global Locate opposed SiRF’s motion, and the Commission investigative attorney supported SiRF’s motion in part. On February 26, 2008, the ALJ issued the subject ID granting complainant’s motion in part. No party petitioned for review of the ID, and the Commission has determined not to review the ID. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42(h) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42(h)). By order of the Commission. Issued: March 13, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–5613 Filed 3–19–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–598] In the Matter of Certain Unified Communications Systems, Products Used With Such Systems, and Components Thereof; Notice of Commission Decision To Review-InPart a Final Initial Determination Finding a Violation of Section 337 U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to reviewin-part a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337 in the above-captioned investigation. E:\FR\FM\20MRN1.SGM 20MRN1

Agencies

[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Page 15005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5613]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-596]


In the Matter of: Certain GPS Chips, Associated Software and 
Systems, and Products Containing Same; Notice of Commission 
Determination Not To Review ALJ Order No. 36 Granting in Part 
Complainant's Motion for Summary Determination That the Importation 
Requirements of 19 U.S.C. 1337 Have Been Met

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 36) of the presiding administrative law judge 
(``ALJ'') granting in part complainant's motion for summary 
determination that the importation requirements of 19 U.S.C. 
1337(a)(1)(B) have been met in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-205-3152. Copies of the ID and all 
other nonconfidential documents filed in connection with this 
investigation are or will be 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., Washington, DC 
20436, telephone 202-205-2000. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (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.

SUPPLEMENTARY INFORMATION: On March 13, 2007, the Commission instituted 
an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 
1337, based on a complaint filed by SiRF Technology, Inc. of San Jose, 
California (``SiRF''), alleging a violation of section 337 in the 
importation, sale for importation, and sale within the United States 
after importation of certain GPS chips, associated software and 
systems, and products containing same by reason of infringement of 
certain claims of U.S. Patent Nos. 6,304,216; 7,043,363; 7,091,904 
(``the '904 patent''); and 7,132,980. 72 FR 11378 (Mar. 13, 2007). The 
complainant named Global Locate, Inc. of San Jose, California (``Global 
Locate'') as respondent. The complaint and notice of investigation were 
later amended to include one additional claim of the '904 patent. 
Subsequently, the investigation was terminated with respect to the '904 
patent and certain other asserted claims of the remaining patents. The 
complaint and notice of investigation were also amended to add 
Broadcom, Inc. as a respondent to the investigation.
    On February 1, 2008, complainant SiRF moved for summary 
determination that the importation requirements of 19 U.S.C. 
1337(a)(1)(B) have been met. On February 15, 2008, Global Locate 
opposed SiRF's motion, and the Commission investigative attorney 
supported SiRF's motion in part.
    On February 26, 2008, the ALJ issued the subject ID granting 
complainant's motion in part. No party petitioned for review of the ID, 
and the Commission has determined not to review the ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    By order of the Commission.

    Issued: March 13, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-5613 Filed 3-19-08; 8:45 am]
BILLING CODE 7020-02-P