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 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, http://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 (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/. 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 http:// 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]


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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 (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/. 
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