In the Matter of Certain GPS Devices and Products Containing Same; Enforcement Proceeding; Notice of Institution of Formal Enforcement Proceeding; Denial of Motion for Sanctions, 76024-76025 [2010-30617]
Download as PDF
<![CDATA[
emcdonald on DSK2BSOYB1PROD with NOTICES
76024
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
CA; LSI Corporation of Milpitas, CA;
MediaTek Inc. of Hsin-Chu, Taiwan;
nVidia Corporation of Santa Clara, CA;
STMicroelectronics of Geneva,
Switzerland; STMicroelectronics Inc., of
Carrollton, TX; Asustek Computer Inc.
of Taipei City, Taiwan; Asus Computer
International Inc. of Fremont, CA;
Audio Partnership PLC of London,
United Kingdom; Biostar Microtech
(U.S.A.) Corp. of City of Industry, CA;
Biostar Microtech International Corp. of
Hsin Tien, Taiwan; Cisco Systems, Inc.
of San Jose, CA; Elitegroup Computer
Systems of Taipei, Taiwan; EVGA
Corporation of Brea, CA; Galaxy
Microsystems Ltd. of Kowloon Bay,
KLN, Hong Kong; Garmin International
of Olathe, KS; G.B.T. Inc. of City of
Industry, CA; Giga-Byte Technology Co.,
Ltd. of Taipei, Taiwan; Gracom
Technologies LLC of City of Industry,
CA; Hewlett-Packard Company of Palo
Alto, CA; Hitachi Global Storage of San
Jose, CA; Jaton Corporation of Fremont,
CA; Jaton Technology TPE of Hsi-Chih,
Taiwan; Micro-Star International Co.,
Ltd. of Taipei Hsien, Taiwan; MSI
Computer Corporation of City of
Industry, CA; Motorola, Inc. of
Schaumburg, IL; Oppo Digital, Inc. of
Mountain View, CA; Palit Microsystems
Ltd. of Taipei, Taiwan; Pine
Techonology Holdings, Ltd of North
Point, Hong Kong; Seagate Technology
of Scotts Valley, CA; Sparkle Computer
Co., Ltd. of Taipepi County, Taiwan;
Zotac International (MCO) Ltd. of
Shatin, N.T., Hong Kong; and Zotac
USA Inc. of City of Industry, CA.
The complainant, proposed
respondents, other interested parties,
and members of the public are invited
to file comments, not to exceed five
pages in length, on any public interest
issues raised by the complaint.
Comments should address whether
issuance of an exclusion order and/or a
cease and desist order in this
investigation would negatively affect the
public health and welfare in the United
States, competitive conditions in the
United States economy, the production
of like or directly competitive articles in
the United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the orders are used
in the United States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the potential orders;
(iii) Indicate the extent to which like
or directly competitive articles are
produced in the United States or are
otherwise available in the United States,
VerDate Mar<15>2010
18:39 Dec 06, 2010
Jkt 223001
with respect to the articles potentially
subject to the orders; and
(iv) Indicate whether Complainant,
Complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to an exclusion order
and a cease and desist order within a
commercially reasonable time.
Written submissions must be filed no
later than by close of business, five
business days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
public interest after the issuance of any
final initial determination in this
investigation.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Submissions should
refer to the docket number (‘‘Docket No.
2771’’) in a prominent place on the
cover page and/or the first page. The
Commission’s rules authorize filing
submissions with the Secretary by
facsimile or electronic means only to the
extent permitted by section 201.8 of the
rules (see Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
documents/
handbook_on_electronic_filing.pdf ).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50(a)(4)
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.10,
210.50(a)(4)).
By order of the Commission.
Issued: December 2, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–30610 Filed 12–6–10; 8:45 am]
BILLING CODE 7020–02–P
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–602]
In the Matter of Certain GPS Devices
and Products Containing Same;
Enforcement Proceeding; Notice of
Institution of Formal Enforcement
Proceeding; Denial of Motion for
Sanctions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has instituted a formal
enforcement proceeding relating to the
limited exclusion order and cease-anddesist orders issued at the conclusion of
the above-captioned investigation. The
Commission has also denied a motion
for sanctions.
FOR FURTHER INFORMATION CONTACT:
Daniel E. Valencia, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–1999. Copies of all 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. 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/. Hearing-impaired
persons are advised that information on
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
SUPPLEMENTARY INFORMATION: The
underlying investigation was instituted
on May 7, 2007, based on a complaint
filed by Global Locate, Inc., a subsidiary
of Broadcom Corporation (collectively,
‘‘Broadcom’’). 72 FR 25777 (2007). The
complaint alleged violations 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 global positioning
system (‘‘GPS’’) devices and products
containing the same by reason of
infringement of various claims of U.S.
Patent Nos. 6,704,651 (‘‘the ‘651
patent’’); 6,651,000 (‘‘the ‘000 patent’’);
6,606,346 (‘‘the ‘346 patent’’); 6,937,187
(‘‘the ‘187 patent’’); 6,417,801 (‘‘the ‘801
patent’’); and 7,158,080 (‘‘the ‘080
SUMMARY:
E:\FR\FM\07DEN1.SGM
07DEN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices
patent’’). The complaint in the
underlying investigation named as
respondents SiRF Technology, Inc.
(‘‘SiRF’’), E–TEN Corp. (‘‘E–TEN’’),
Pharos Science & Applications, Inc.
(‘‘Pharos’’), MiTAC International
Corporation (‘‘MiTAC’’), and Mio
Technology Limited (‘‘Mio’’)
(collectively, ‘‘Respondents’’).
On January 15, 2009, the Commission
found a violation of section 337 by
Respondents by reason of infringement
of all six asserted patents. The
Commission issued a limited exclusion
and cease-and-desist orders against
SiRF, Pharos, and Mio. The remedial
orders are directed to GPS devices and
products containing the same that
infringe or are covered by certain claims
of the ‘346, ‘651, ‘000, ‘080, ‘187, and/
or ‘801 patents. Respondents
subsequently appealed the
Commission’s final determination to the
United States Court of Appeals for
Federal Circuit (‘‘Federal Circuit’’). In a
precedential opinion issued April 12,
2010, the Federal Circuit affirmed the
Commission’s Final Determination in all
respects.
On August 16, 2010, the Commission
instituted modification proceedings
under 19 CFR 210.76 based on a petition
for modification filed by Respondents.
At the same time, the Commission
denied a petition for modification filed
by Broadcom. The modification
proceedings are currently ongoing.
On October 7, 2010, Broadcom filed a
complaint seeking institution of a
formal enforcement proceeding to
enforce the limited exclusion order and
cease-and-desist orders against
Respondents under Commission rule
210.75(b), 19 CFR 210.75(b). The
enforcement complaint named SiRF,
MiTAC, Mio, Pharos, E–TEN, MiTAC
Digitial Corporation (‘‘MiTAC Digital’’),
and CSR plc (‘‘CSR’’) as proposed
enforcement respondents. Shortly after
the enforcement complaint was filed,
Broadcom withdrew its allegations with
respect to E–TEN.
On October 22, 2010, the proposed
enforcement respondents filed a motion
with the Commission requesting
sanctions against Broadcom. The motion
alleges, among other things, that
Broadcom’s enforcement complaint
does not comply with Commission rule
210.4(c), 19 CFR 210.4(c), regarding
representations made to the
Commission. On November 3, 2010,
Broadcom opposed the motion. On
November 9, 2010, the proposed
enforcement respondents filed a motion
for leave to reply in support of their
motion for sanctions. The Commission
has denied the motion for sanctions and
the motion for leave.
VerDate Mar<15>2010
18:39 Dec 06, 2010
Jkt 223001
Having examined the complaint
seeking a formal enforcement
proceeding, and having found that the
complaint complies with the
requirements for institution of a formal
enforcement proceeding contained in
Commission rule 210.75, 19 CFR 210.75,
the Commission has determined to
institute a formal enforcement
proceeding to determine whether the
respondents are in violation of the
Commission’s limited exclusion order
and cease-and-desist orders issued in
the investigation, and what, if any,
enforcement measures are appropriate.
The following entities are named as
parties to the formal enforcement
proceeding: (1) Complainant Broadcom,
(2) respondents SiRF, MiTAC, MiTAC
Digital, Mio, Pharos, and CSR; and (3)
a Commission investigative attorney to
be designated by the Director, Office of
Unfair Import Investigations.
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 210.75 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.75).
DATES:
By order of the Commission.
Issued: December 1, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
76025
BILLING CODE 7020–02–P
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–376 and 563–
564 (Third Review)]
Stainless Steel Butt-Weld Pipe Fittings
From Japan, Korea, and Taiwan
United States International
Trade Commission.
ACTION: Termination of five-year
reviews.
AGENCY:
The subject five-year reviews
were initiated in September 2010 to
determine whether revocation of the
antidumping duty orders on stainless
steel butt-weld pipe fittings from Japan,
Korea, and Taiwan would be likely to
lead to continuation or recurrence of
material injury. On November 5, 2010,
the Department of Commerce published
notice that it was revoking the orders
effective October 20, 2010, ‘‘{b}ecause
no interested domestic party responded
to the sunset review notice of initiation
by the applicable deadline * * *’’ (75
FR 68324). Accordingly, pursuant to
section 751(c) of the Tariff Act of 1930
(19 U.S.C. 1675(c)), the subject reviews
are terminated.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired 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 https://
www.usitc.gov.
Authority: These reviews are being
terminated under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.69 of the
Commission’s rules (19 CFR 207.69).
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
Issued: December 1, 2010.
[FR Doc. 2010–30611 Filed 12–6–10; 8:45 am]
DEPARTMENT OF JUSTICE
[FR Doc. 2010–30617 Filed 12–6–10; 8:45 am]
SUMMARY:
Effective Date: October 20, 2010.
FOR FURTHER INFORMATION CONTACT:
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Pursuant to Department of Justice
policy, notice is hereby given that on
December 1, 2010 a proposed Consent
Decree with Brown County and the City
of Green Bay was lodged with the
United States District Court for the
Eastern District of Wisconsin in a case
captioned United States and the State of
Wisconsin v. NCR Corp., et al., Case No.
10–C–910 (E.D. Wis.). The Complaint in
that case alleges claims under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’), 42 U.S.C. 9601–75,
against Brown County, the City of Green
Bay, and twelve other defendants
concerning polychlorinated biphenyl
contamination at the Lower Fox River
and Green Bay Superfund Site in
northeastern Wisconsin (the ‘‘Site’’).
If approved by the Court after a public
comment period, the proposed Consent
Decree would resolve Brown County’s
and the City of Green Bay’s potential
liability for response costs, response
actions, and natural resource damages
associated with the Site, on the terms
and conditions set forth in the Decree.
The proposed Consent Decree also
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76024-76025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30617]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-602]
In the Matter of Certain GPS Devices and Products Containing
Same; Enforcement Proceeding; Notice of Institution of Formal
Enforcement Proceeding; Denial of Motion for Sanctions
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has instituted a formal enforcement proceeding relating to
the limited exclusion order and cease-and-desist orders issued at the
conclusion of the above-captioned investigation. The Commission has
also denied a motion for sanctions.
FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of all
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. 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/.
Hearing-impaired persons are advised that information on the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
SUPPLEMENTARY INFORMATION: The underlying investigation was instituted
on May 7, 2007, based on a complaint filed by Global Locate, Inc., a
subsidiary of Broadcom Corporation (collectively, ``Broadcom''). 72 FR
25777 (2007). The complaint alleged violations 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 global
positioning system (``GPS'') devices and products containing the same
by reason of infringement of various claims of U.S. Patent Nos.
6,704,651 (``the `651 patent''); 6,651,000 (``the `000 patent'');
6,606,346 (``the `346 patent''); 6,937,187 (``the `187 patent'');
6,417,801 (``the `801 patent''); and 7,158,080 (``the `080
[[Page 76025]]
patent''). The complaint in the underlying investigation named as
respondents SiRF Technology, Inc. (``SiRF''), E-TEN Corp. (``E-TEN''),
Pharos Science & Applications, Inc. (``Pharos''), MiTAC International
Corporation (``MiTAC''), and Mio Technology Limited (``Mio'')
(collectively, ``Respondents'').
On January 15, 2009, the Commission found a violation of section
337 by Respondents by reason of infringement of all six asserted
patents. The Commission issued a limited exclusion and cease-and-desist
orders against SiRF, Pharos, and Mio. The remedial orders are directed
to GPS devices and products containing the same that infringe or are
covered by certain claims of the `346, `651, `000, `080, `187, and/or
`801 patents. Respondents subsequently appealed the Commission's final
determination to the United States Court of Appeals for Federal Circuit
(``Federal Circuit''). In a precedential opinion issued April 12, 2010,
the Federal Circuit affirmed the Commission's Final Determination in
all respects.
On August 16, 2010, the Commission instituted modification
proceedings under 19 CFR 210.76 based on a petition for modification
filed by Respondents. At the same time, the Commission denied a
petition for modification filed by Broadcom. The modification
proceedings are currently ongoing.
On October 7, 2010, Broadcom filed a complaint seeking institution
of a formal enforcement proceeding to enforce the limited exclusion
order and cease-and-desist orders against Respondents under Commission
rule 210.75(b), 19 CFR 210.75(b). The enforcement complaint named SiRF,
MiTAC, Mio, Pharos, E-TEN, MiTAC Digitial Corporation (``MiTAC
Digital''), and CSR plc (``CSR'') as proposed enforcement respondents.
Shortly after the enforcement complaint was filed, Broadcom withdrew
its allegations with respect to E-TEN.
On October 22, 2010, the proposed enforcement respondents filed a
motion with the Commission requesting sanctions against Broadcom. The
motion alleges, among other things, that Broadcom's enforcement
complaint does not comply with Commission rule 210.4(c), 19 CFR
210.4(c), regarding representations made to the Commission. On November
3, 2010, Broadcom opposed the motion. On November 9, 2010, the proposed
enforcement respondents filed a motion for leave to reply in support of
their motion for sanctions. The Commission has denied the motion for
sanctions and the motion for leave.
Having examined the complaint seeking a formal enforcement
proceeding, and having found that the complaint complies with the
requirements for institution of a formal enforcement proceeding
contained in Commission rule 210.75, 19 CFR 210.75, the Commission has
determined to institute a formal enforcement proceeding to determine
whether the respondents are in violation of the Commission's limited
exclusion order and cease-and-desist orders issued in the
investigation, and what, if any, enforcement measures are appropriate.
The following entities are named as parties to the formal
enforcement proceeding: (1) Complainant Broadcom, (2) respondents SiRF,
MiTAC, MiTAC Digital, Mio, Pharos, and CSR; and (3) a Commission
investigative attorney to be designated by the Director, Office of
Unfair Import Investigations.
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 210.75 of the Commission's Rules of Practice and Procedure
(19 CFR 210.75).
By order of the Commission.
Issued: December 1, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-30617 Filed 12-6-10; 8:45 am]
BILLING CODE 7020-02-P
