In the Matter of Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof; Notice of Investigation, 22918 [2011-9890]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Page 22918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9890]



[[Page 22918]]

=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-769]


In the Matter of Certain Handheld Electronic Computing Devices, 
Related Software, and Components Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 21, 2011, 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 and 
additional exhibits were filed on April 8, 2011 and April 12, 2011. The 
complaint, as amended, 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 handheld 
electronic computing devices, related software, and components thereof 
by reason of infringement of certain claims of U.S. Patent No. 
5,778,372 (``the '372 patent''); U.S. Patent No. 5,889,522 (``the '522 
patent''); U.S. Patent No. 6,339,780 (``the '780 patent''); U.S. Patent 
No. 6,891,551 (``the '551 patent''); and U.S. Patent No. 6,957,233 
(``the '233 patent''). 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 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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2011).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 18, 2011, 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 handheld 
electronic computing devices, related software, and components thereof 
that infringe one or more of claims 1 and 5 of the '372 patent; claims 
1, 2, and 12 of the '522 patent; claims 1-6, 9-14, 17-26, and 29-42 of 
the '780 patent; claims 1-3, 5, and 7-11 of the '551 patent; claims 21 
and 22 of the '233 patent, 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: Microsoft Corporation, One Microsoft Way, 
Redmond, WA 98052.
    (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:

Barnes & Noble, Inc., 122 Fifth Avenue, New York, NY 10011.
barnesandnoble.com LLC, 76 9th Avenue, 9th Floor, New York, NY 10011.
Hon Hai Precision Industry Co., Ltd., 2 Zihyou Street, Tucheng City, 
Taipei County, 236, Taiwan.
Foxconn Electronics, Inc., 2 Zihyou Street, Tucheng City, Taipei 
County, 236, Taiwan.
Foxconn Precision Component (Shenzhen) Co. Ltd., No. 2, East Ring Road, 
No. 10 Industrial Zone, Yousong, Longhua, Shenzhen, Guandong 518109, 
China.
Foxconn International Holdings Ltd., 8F Peninsula Tower, 538 Castle 
Peak Road, Cheung Sha Wan Kowloon, New Territories, Hong Kong.
Inventec Corporation, Inventec Building, No. 66 Hou-Kang Street, Shin-
Lin District, Taipei County, 111, Taiwan.

    (c) The 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 therefore 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: April 19, 2011.

    By order of the Commission.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-9890 Filed 4-22-11; 8:45 am]
BILLING CODE P