In the Matter of Certain Wireless Communications System Server Software, Wireless Handheld Devices and Battery Packs; Notice of Investigation, 8400-8401 [2010-3662]

Download as PDF 8400 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: February 18, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–3658 Filed 2–23–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–705] In the Matter of Certain Notebook Computer Products and Components Thereof; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. pwalker on DSK8KYBLC1PROD with NOTICES AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 19, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Toshiba Corporation of Japan. A supplement to the complaint was filed on February 5, 2010. 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 notebook computer products and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 7,156,693 and 5,430,867. 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 exclusion orders and cease and desist orders. ADDRESSES: The complaint and supplement, 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. VerDate Nov<24>2008 16:49 Feb 23, 2010 Jkt 220001 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: 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 (2009). Scope Of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 17, 2010, 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 notebook computer products or components thereof that infringe one or more of claims 1, 2, 5, 7, 9, 15–17, and 20–22 of U.S. Patent No. 7,156,693 and claims 21–25 of U.S. Patent No. 5,430,867, 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: Toshiba Corporation, 1–1, Shibaura 1-chome, Minato-ku, Tokyo 105–8001, Japan. (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: Wistron Corporation, 21F, 88, Sec. 1, Hsin Tai Wu Road, Hsichih, Taipei Hsien 221, Taiwan; Wistron InfoComm (Texas) Corporation, 4051 Freeport Parkway, Suite 200, Grapevine, TX 76051; Wistron InfoComm Technology (America) Corporation, 800 Parker Square, Suite 285–A,Flower Mound, TX 75028. (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 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 (3) For the investigation so instituted, the Honorable Paul J. Luckern, 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(d)–(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: February 18, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–3661 Filed 2–23–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–706] In the Matter of Certain Wireless Communications System Server Software, Wireless Handheld Devices and Battery Packs; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 22, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Motorola, Inc. E:\FR\FM\24FEN1.SGM 24FEN1 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices of Schaumburg, Illinois. 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 wireless communications system server software, wireless handheld devices and battery packs by reason of infringement of certain claims of U.S. Patent Nos. 5,319,712; 5,359,317; 5,569,550; 6,232,970; and 6,272,333. 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 an exclusion order and cease and desist orders. The complaint, 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 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: Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202–205– 2767. ADDRESSES: pwalker on DSK8KYBLC1PROD with NOTICES 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 (2009). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 17, 2010, 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 VerDate Nov<24>2008 16:49 Feb 23, 2010 Jkt 220001 United States, the sale for importation, or the sale within the United States after importation of certain wireless communications system server software, wireless handheld devices or battery packs that infringe one or more of claims 6, 8–10 and 17 of U.S. Patent No. 5,319,712; claims 9, 10, 13–19, 21, and 22 of U.S. Patent No. 5,359,317; claims 1, 3–5, 7, 9, 10, and 12–15 of U.S. Patent No. 5,569,550; claims 10–20 of U.S. Patent No. 6,232,970; and claims 1–13 of U.S. Patent No. 6,272,333, 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: Motorola, Inc., 1303 East Algonquin Road, Schaumburg, IL 60196. (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: Research In Motion Ltd., 295 Phillip Street, Waterloo, Ontario, Canada N2L 3W8. Research In Motion Corp., 122 West John Carpenter Parkway, Suite 430, Irving, TX 75039. (c) The Commission investigative attorney, party to this investigation, is Bryan F. Moore, 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 Paul J. Luckern, 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 CFR 201.16(d)–(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 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 8401 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: February 18, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–3662 Filed 2–23–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–10–002] Government in the Sunshine Act Meeting Notice United States International Trade Commission. AGENCY HOLDING THE MEETING: TIME AND DATE: February 26, 2010 at 9:30 a.m. PLACE: Room 110, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. No. AA1921–167 (Third Review) (Pressure Sensitive Plastic Tape from Italy)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before March 11, 2010.) 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: February 19, 2010. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. 2010–3856 Filed 2–22–10; 4:15 pm] BILLING CODE 7020–02–P E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8400-8401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3662]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-706]


 In the Matter of Certain Wireless Communications System Server 
Software, Wireless Handheld Devices and Battery Packs; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

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

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 22, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Motorola, Inc.

[[Page 8401]]

of Schaumburg, Illinois. 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 wireless communications system server software, wireless 
handheld devices and battery packs by reason of infringement of certain 
claims of U.S. Patent Nos. 5,319,712; 5,359,317; 5,569,550; 6,232,970; 
and 6,272,333. 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 an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, 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 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: Bryan F. Moore, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2767.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 17, 2010, 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 wireless 
communications system server software, wireless handheld devices or 
battery packs that infringe one or more of claims 6, 8-10 and 17 of 
U.S. Patent No. 5,319,712; claims 9, 10, 13-19, 21, and 22 of U.S. 
Patent No. 5,359,317; claims 1, 3-5, 7, 9, 10, and 12-15 of U.S. Patent 
No. 5,569,550; claims 10-20 of U.S. Patent No. 6,232,970; and claims 1-
13 of U.S. Patent No. 6,272,333, 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: Motorola, Inc., 1303 East Algonquin Road, 
Schaumburg, IL 60196.
    (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:

Research In Motion Ltd., 295 Phillip Street, Waterloo, Ontario, Canada 
N2L 3W8.
Research In Motion Corp., 122 West John Carpenter Parkway, Suite 430, 
Irving, TX 75039.

    (c) The Commission investigative attorney, party to this 
investigation, is Bryan F. Moore, 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 Paul J. 
Luckern, 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 CFR 201.16(d)-(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: February 18, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-3662 Filed 2-23-10; 8:45 am]
BILLING CODE 7020-02-P