Certain Light-Emitting Diodes and Products Containing Same; Corrected Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 52348-52349 [2011-21308]

Download as PDF jlentini on DSK4TPTVN1PROD with NOTICES 52348 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices soliciting comments on any public interest issues raised by the complaint. FOR FURTHER INFORMATION CONTACT: James R. Holbein, Secretary to the Commission, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov, and 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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission has received a complaint filed on behalf of HTC Corp. on August 16, 2011. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic devices with communication capabilities components thereof, and related software. The complaint names as respondent Apple, Inc. of 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 VerDate Mar<15>2010 17:16 Aug 19, 2011 Jkt 223001 produced in the United States or are otherwise available in the United States, 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. 2841’’) 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: August 16, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–21304 Filed 8–19–11; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–798] Certain Light-Emitting Diodes and Products Containing Same; Corrected Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 15, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Samsung LED Co., Ltd. of Korea and Samsung LED America, Inc. of Atlanta, Georgia. 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 lightemitting diodes and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,551,848 (‘‘the ‘848 patent’’); U.S. Patent No. 7,268,372 (‘‘the ‘372 patent’’); U.S. Patent No. 7,282,741 (‘‘the ‘741 patent’’); U.S. Patent No. 7,771,081 (‘‘the ‘081 patent’’); U.S. Patent No. 7,893,443 (‘‘the ‘443 patent’’); U.S. Patent No. 7,838,315 (‘‘the ‘315 patent’’); U.S. Patent No. 7,959,312 (‘‘the ‘312 patent’’); and U.S. Patent No. 7,964,881 (‘‘the ‘881 patent’’). 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 SUMMARY: E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 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 Dockets Services, U.S. International Trade Commission, telephone (202) 205–1802. jlentini on DSK4TPTVN1PROD with NOTICES 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 August 12, 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 light-emitting diodes and products containing same that infringe one or more of claims 1, 3, 5–10, and 13–16 of the ‘848 patent; claims 1–9 of the ‘372 patent; claims 1 and 5–9 of the ‘741 patent; claims 1, 2, 4, 6–8, 10, and 11 of the ‘081 patent; claims 1, 4, 5, and 7–14 of the ‘443 patent; claims 1–4, 6, and 9–13 of the ‘312 patent; claims 1–5 of the ‘315 patent; and claims 1–12 of the ‘881 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 complainants are: Samsung LED Co., Ltd., 314, Maetan 3Dong, Yeongtong-gu, Suwon City, Gyeonggi-Do 443–743, Korea. Samsung LED America, Inc., 6 Concourse Parkway NE., Atlanta, GA 30328. (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: OSRAM GmbH, Hellabrunner Strasse 1, 81543 Munich, Germany. OSRAM Opto Semiconductors GmbH, Leibnizstr 4, 93055 Regensburg, Germany. OSRAM Opto Semiconductors Inc., 1150 Kifer Road Suite 100, Sunnyvale, CA 94086. OSRAM Sylvania Inc., 100 Endicott Street, Danvers, MA 01923. (3) For the investigation so instituted, the Chief Administrative Law Judge, VerDate Mar<15>2010 17:16 Aug 19, 2011 Jkt 223001 U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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: August 16, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–21308 Filed 8–19–11; 8:45 am] BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committees on Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure and the Federal Rules of Evidence Advisory Committees on Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure, and the Federal Rules of Evidence, Judicial Conference of the United States. ACTION: Notice of Proposed Amendments and Open Hearings. AGENCY: The Advisory Committees on Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure, and Rules of Evidence have proposed amendments to the following rules: SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 52349 Appellate Rules: 13, 14, 24, 28, and 28.1, and Form 4; Bankruptcy Rules: 1007, 3007, 5009, 9006, 9013, and 9014, and Official Forms 6C, 7, 22A, and 22C. Civil Rules: 37 and 45. Criminal Rules: 11, 12, and 34. Evidence Rule: 803. The text of the proposed amendments and the accompanying committee notes can be found on the United States Federal courts’ rulemaking Web site at https://www.uscourts.gov/ RulesAndPolicies/FederalRulemaking/ Overview.aspx. The Judicial Conference Committee on Rules of Practice and Procedure submits these proposed amendments for public comment. All written comments and suggestions with respect to the proposed amendments must be received by the Secretary no later than February 15, 2012. They can be sent to any of the following: by mail to Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, Washington, DC 20544; by electronic mail to <Rules_Comments@ao.uscourts.gov>; or by facsimile to Peter G. McCabe at (202) 502–1766. In accordance with established procedures, all comments submitted are available for public inspection. Public hearings are scheduled to be held on the amendments to: • Appellate Rules in Columbus, Ohio, on January 31, 2012, and in Washington, DC, on February 3, 2012; • Bankruptcy Rules in Washington, DC, on January 13, 2012, and in Chicago, Illinois, on February 10, 2012; • Civil Rules in Washington, DC, on November 7, 2011, in Phoenix, Arizona, on January 4, 2012, and in Chicago, Illinois, on January 27, 2012; • Criminal Rules in Phoenix, Arizona, on January 6, 2012, and in Washington, DC, on February 6, 2012; and • Evidence Rules in Phoenix, Arizona, on January 7, 2012, and in Washington, DC, on January 17, 2012. Those wishing to testify should contact the Committee Secretary at the above address in writing at least 30 days before the hearing. FOR FURTHER INFORMATION CONTACT: Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, Washington, DC 20544, Telephone (202) 502–1820. E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52348-52349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21308]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-798]


Certain Light-Emitting Diodes and Products Containing Same; 
Corrected Notice of Institution of Investigation; Institution of 
Investigation Pursuant to 19 U.S.C. 1337

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 July 15, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Samsung LED Co., Ltd. of Korea and Samsung LED America, Inc. of 
Atlanta, Georgia. 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 
light-emitting diodes and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 6,551,848 (``the `848 
patent''); U.S. Patent No. 7,268,372 (``the `372 patent''); U.S. Patent 
No. 7,282,741 (``the `741 patent''); U.S. Patent No. 7,771,081 (``the 
`081 patent''); U.S. Patent No. 7,893,443 (``the `443 patent''); U.S. 
Patent No. 7,838,315 (``the `315 patent''); U.S. Patent No. 7,959,312 
(``the `312 patent''); and U.S. Patent No. 7,964,881 (``the `881 
patent''). 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

[[Page 52349]]

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 Dockets Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    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 August 12, 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 light-
emitting diodes and products containing same that infringe one or more 
of claims 1, 3, 5-10, and 13-16 of the `848 patent; claims 1-9 of the 
`372 patent; claims 1 and 5-9 of the `741 patent; claims 1, 2, 4, 6-8, 
10, and 11 of the `081 patent; claims 1, 4, 5, and 7-14 of the `443 
patent; claims 1-4, 6, and 9-13 of the `312 patent; claims 1-5 of the 
`315 patent; and claims 1-12 of the `881 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 complainants are:

Samsung LED Co., Ltd., 314, Maetan 3-Dong, Yeongtong-gu, Suwon City, 
Gyeonggi-Do 443-743, Korea.
Samsung LED America, Inc., 6 Concourse Parkway NE., Atlanta, GA 30328.
    (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:

OSRAM GmbH, Hellabrunner Strasse 1, 81543 Munich, Germany.
OSRAM Opto Semiconductors GmbH, Leibnizstr 4, 93055 Regensburg, 
Germany.
OSRAM Opto Semiconductors Inc., 1150 Kifer Road Suite 100, Sunnyvale, 
CA 94086.
OSRAM Sylvania Inc., 100 Endicott Street, Danvers, MA 01923.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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: August 16, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-21308 Filed 8-19-11; 8:45 am]
BILLING CODE 7020-02-P

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