In the Matter of: Certain Video Game Systems and Controllers; Notice of Investigation, 68379 [2010-27921]
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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices
Dated: November 2, 2010.
Jerome Ford,
Acting Assistant Director, Migratory Birds.
[FR Doc. 2010–28049 Filed 11–4–10; 8:45 am]
BILLING CODE 4310–55–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–743]
In the Matter of: Certain Video Game
Systems and Controllers; Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
October 1, 2010, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Motiva, LLC.
of Dublin, Ohio. Motiva filed letters
supplementing the Complaint on
October 18 and 22, 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 video game
systems and controllers by reason of
infringement of certain claims of U.S.
Patent No. 7,292,151 (‘‘the ’151 patent’’)
and U.S. Patent No. 7,492,268 (‘‘the ’268
patent’’). The complaint further alleges
that an industry in the United States
exists or in the process of being
established 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 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://
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:11 Nov 04, 2010
Jkt 223001
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
(2010).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
November 1, 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 video game
systems and controllers that infringe
one or more of claims 16, 27–32, 44, 57,
68, 81, and 84 of the 151 patent and
claims 1–6 and 8–15 of the ’268 patent,
and whether an industry in the United
States exists or in the process of being
established 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: Motiva, LLC,
8156 Campden Lakes Blvd., Dublin,
Ohio 43106.
(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:
Nintendo Co., Ltd., 11–1 Kamitoba
hokotate-cho, Minami-ku, Kyoto 601–
8501, Japan.
Nintendo of America, Inc., 4820 150th
Avenue, NE., Redmond, Washington
98052.
(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 Paul J. Luckern, Chief
Administrative Law Judge, U.S.
International Trade Commission, shall
designate the presiding Administrative
Law Judge.
PO 00000
Frm 00065
Fmt 4703
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68379
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: November 1, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–27921 Filed 11–4–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–744]
In the Matter of: Certain Mobile
Devices, Associated Software, and
Components Thereof; Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
October 1, 2010, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Microsoft
Corporation of Redmond, Washington.
An amended complaint was filed on
October 12, 2010. The amended
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
SUMMARY:
E:\FR\FM\05NON1.SGM
05NON1
]]>Agencies
[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Page 68379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27921]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-743]
In the Matter of: Certain Video Game Systems and Controllers;
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 October 1, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Motiva, LLC. of Dublin, Ohio. Motiva filed letters supplementing the
Complaint on October 18 and 22, 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 video game systems and controllers by reason of
infringement of certain claims of U.S. Patent No. 7,292,151 (``the '151
patent'') and U.S. Patent No. 7,492,268 (``the '268 patent''). The
complaint further alleges that an industry in the United States exists
or in the process of being established 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 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: 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 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 1, 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 video game
systems and controllers that infringe one or more of claims 16, 27-32,
44, 57, 68, 81, and 84 of the 151 patent and claims 1-6 and 8-15 of the
'268 patent, and whether an industry in the United States exists or in
the process of being established 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: Motiva, LLC, 8156 Campden Lakes Blvd.,
Dublin, Ohio 43106.
(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:
Nintendo Co., Ltd., 11-1 Kamitoba hokotate-cho, Minami-ku, Kyoto 601-
8501, Japan.
Nintendo of America, Inc., 4820 150th Avenue, NE., Redmond, Washington
98052.
(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 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: November 1, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-27921 Filed 11-4-10; 8:45 am]
BILLING CODE 7020-02-P
