In the Matter of Certain Personal Data and Mobile Communications Devices and Related Software; Notice of Investigation, 17434-17435 [2010-7687]
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17434
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices
Technology Ltd. of Hong Kong; Best
Data Products Inc. d/b/a Diamond
Multimedia, Inc. of Chatsworth,
California; and XFX Technology, Inc. of
Ontario, California (‘‘XFX’’).
On February 17, 2010, Richtek moved
to amend the complaint and notice of
investigation to correct the corporate
name of XFX to Eastcom, Inc. d/b/a XFX
Technology USA; to add new proposed
respondents Micro-Star Int’l Co. Ltd.,
and MSI Computer Corp.; to add new
respondent VisionTek Prods. LLC; and
to seek a general exclusion order against
downstream products containing the
accused uPI chips.
The ALJ granted Richtek’s motion in
its entirety. Order No. 6 (Mar. 5, 2010).
No petitions for review of the ID were
filed. 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 of the
Commission’s Rules of Practice and
Procedure (19 CFR § 210.42).
By order of the Commission.
Issued: March 31, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–7680 Filed 4–5–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–710]
In the Matter of Certain Personal Data
and Mobile Communications Devices
and Related Software; Notice of
Investigation
sroberts on DSKD5P82C1PROD with NOTICES
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
March 2, 2010, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Apple Inc., f/
k/a Apple Computer, Inc. of Cupertino,
California and NeXT Software, Inc. f/k/
a NeXT Computer, Inc. of Cupertino,
California. 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 personal data and mobile
communications devices and related
software by reason of infringement of
certain claims of U.S. Patent Nos.
5,481,721; 5,519,867; 5,566,337;
VerDate Nov<24>2008
16:37 Apr 05, 2010
Jkt 220001
5,929,852; 5,946,647; 5,969,705;
6,275,983; 6,343,263; 5,915,131; and
RE39,486. The complaint further alleges
that an industry in the United States
exists as required by subsection (a)(2) of
section 337.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a 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:
Daniel L. Girdwood, Esq. or Erin D. E.
Joffre, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, telephone (202) 205–3409
and (202) 205–2550.
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
March 30, 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 personal data or
mobile communications devices or
related software that infringe one or
more of claims 1–3, 7, 12, and 32 of U.S.
Patent No. 5,519,867; claims 1, 3, 7, 8,
and 22 of U.S. Patent No. 6,275,983;
claims 1, 3, 8–10, 12, 18, 19, 23, and 24
of U.S. Patent No. 5,566,337; claims 1–
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
3 and 7–13 of U.S. Patent No. 5,929,852;
claims 1, 3, 6, 8, 10, 13–16, 19, 20, and
22 of U.S. Patent No. 5,946,647; claim
1 of U.S. Patent No. 5,969,705; claims 1–
6, 24, 25, 29, and 30 of U.S. Patent No.
6,343,263; claims 1, 3, 4, 6, 7, 9, 10, 15,
and 17 of U.S. Patent No. 5,915,131;
claims 1–3, 6, 8, 9, 12, and 14–17 of U.S.
Patent No. RE39,486; and claims 1–6
and 19–22 of U.S. Patent No. 5,481,721,
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 complainants are:
Apple Inc., f/k/a Apple Computer, Inc.,
1 Infinite Loop, Cupertino, CA 95014.
NeXT Software, Inc. f/k/a NeXT
Computer, Inc., 1 Infinite Loop,
Cupertino, CA 95014.
(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:
High Tech Computer Corp. a/k/a HTC
Corp., 23 Xinghua Road, Taoyuan
330, Taiwan
HTC America, Inc., 13920 SE Eastgate
Way, Suite 400, Bellevue, WA 98005
Exedea, Inc., 5950 Corporate Drive,
Houston, TX 77036
(c) The Commission investigative
attorneys, parties to this investigation,
are Daniel L. Girdwood, Esq. and Erin
D. E. Joffre, 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
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
E:\FR\FM\06APN1.SGM
06APN1
Federal Register / Vol. 75, No. 65 / Tuesday, April 6, 2010 / Notices
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.
Issued: March 31, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–7687 Filed 4–5–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–711]
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).
In the Matter of Certain Inkjet Ink
Cartridges With Printheads and
Components Thereof; Notice of
Investigation
sroberts on DSKD5P82C1PROD with NOTICES
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
March 5, 2010, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of HewlettPackard Company of Palo Alto,
California. A letter supplementing the
complaint was filed on March 26, 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 inkjet ink cartridges with
printheads and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 6,234,598; 6,309,053;
6,398,347; 6,412,917; 6,481,817; and
6,402,279. 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, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
VerDate Nov<24>2008
16:37 Apr 05, 2010
Jkt 220001
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:
Mareesa A. Frederick, Esq., Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2055.
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
March 31, 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 inkjet cartridges
with printheads or components thereof
that infringe one or more of claims 1–
10 of U.S. Patent No. 6,234,598; claims
1–6 and 8–17 of U.S. Patent No.
6,309,053; claims 1–6 and 8–12 of U.S.
Patent No. 6,398,347; claims 1–21 of
U.S. Patent No. 6,412,917; claims 1–15
of U.S. Patent No. 6,481,817; and claims
9–16 of U.S. Patent No. 6,402,279, 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: HewlettPackard Company, 3000 Hanover St.,
Palo Alto, CA 94304.
(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:
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
17435
MicroJet Technology Co., Ltd., 1F, No.
28, R&D 2nd Rd., Science-Based
Industrial Park, Hsinchu City, Taiwan
30076.
Mipo Technology Limited, Rm B 11/F
Wong Tze Bldg., 71 Hoi Yuen Rd.,
Kwun Tong, Kowloon, Hong Kong.
Mipo Science & Technology Co., Ltd.,
Guangzhou, Rm 3310–3313, Xin Yuan
Building, No. 898 North Tianhe Road,
Guangzhou, China.
Mextec d/b/a Mipo America Ltd., 3100
NW. 72nd Ave. Ste. 106, Miami, FL
33122, SinoTime Technologies, Inc.
d/b/a All Colors, 3100 NW. 72nd Ave.
Ste. 106, Miami, FL 33122.
PTC Holding Limited, Room B, 5/F, Mai
Tak Industrial Building 221, Wai Yip
Street, Kwun Tong, Kowloon, Hong
Kong.
(c) The Commission investigative
attorney, party to this investigation, is
Mareesa A. Frederick, 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
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.
Issued: March 31, 2010.
E:\FR\FM\06APN1.SGM
06APN1
]]>Agencies
[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Notices]
[Pages 17434-17435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7687]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-710]
In the Matter of Certain Personal Data and Mobile Communications
Devices and Related Software; 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 March 2, 2010, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Apple Inc., f/k/a Apple Computer, Inc. of Cupertino, California and
NeXT Software, Inc. f/k/a NeXT Computer, Inc. of Cupertino, California.
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 personal
data and mobile communications devices and related software by reason
of infringement of certain claims of U.S. Patent Nos. 5,481,721;
5,519,867; 5,566,337; 5,929,852; 5,946,647; 5,969,705; 6,275,983;
6,343,263; 5,915,131; and RE39,486. The complaint further alleges that
an industry in the United States exists as required by subsection
(a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a 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: Daniel L. Girdwood, Esq. or Erin D. E.
Joffre, Esq., Office of Unfair Import Investigations, U.S.
International Trade Commission, telephone (202) 205-3409 and (202) 205-
2550.
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 March 30, 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 personal
data or mobile communications devices or related software that infringe
one or more of claims 1-3, 7, 12, and 32 of U.S. Patent No. 5,519,867;
claims 1, 3, 7, 8, and 22 of U.S. Patent No. 6,275,983; claims 1, 3, 8-
10, 12, 18, 19, 23, and 24 of U.S. Patent No. 5,566,337; claims 1-3 and
7-13 of U.S. Patent No. 5,929,852; claims 1, 3, 6, 8, 10, 13-16, 19,
20, and 22 of U.S. Patent No. 5,946,647; claim 1 of U.S. Patent No.
5,969,705; claims 1-6, 24, 25, 29, and 30 of U.S. Patent No. 6,343,263;
claims 1, 3, 4, 6, 7, 9, 10, 15, and 17 of U.S. Patent No. 5,915,131;
claims 1-3, 6, 8, 9, 12, and 14-17 of U.S. Patent No. RE39,486; and
claims 1-6 and 19-22 of U.S. Patent No. 5,481,721, 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 complainants are:
Apple Inc., f/k/a Apple Computer, Inc., 1 Infinite Loop, Cupertino, CA
95014.
NeXT Software, Inc. f/k/a NeXT Computer, Inc., 1 Infinite Loop,
Cupertino, CA 95014.
(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:
High Tech Computer Corp. a/k/a HTC Corp., 23 Xinghua Road, Taoyuan 330,
Taiwan
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA 98005
Exedea, Inc., 5950 Corporate Drive, Houston, TX 77036
(c) The Commission investigative attorneys, parties to this
investigation, are Daniel L. Girdwood, Esq. and Erin D. E. Joffre,
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 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
[[Page 17435]]
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.
Issued: March 31, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-7687 Filed 4-5-10; 8:45 am]
BILLING CODE 7020-02-P
