In the Matter of Certain Personal Data and Mobile Communications Devices and Related Software; Notice of Investigation, 17434-17435 [2010-7687]

Download as PDF 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 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: 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 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: 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]


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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 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: 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