In the Matter of Certain Wireless Devices With 3G Capabilities and Components Thereof; Notice of Institution of Investigation, 54252-54253 [2011-22266]
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jlentini on DSK4TPTVN1PROD with NOTICES
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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Notices
Systems, Inc. of Taiwan; Nextar Inc. of
CA; Pandigital, Dublin of CA; Royal
Consumer Information Products Inc. of
NJ; Sony Corporation of Japan;
Transcend Information Inc. of Taiwan;
ViewSonic Corporation of CA; Win
Accord Ltd. of Taiwan; and WinAccord
USA 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
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.
2842’’) 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/
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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)).
Issued: August 25, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–22263 Filed 8–30–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[ Inv. No. 337–TA–800]
In the Matter of Certain Wireless
Devices With 3G Capabilities and
Components Thereof; 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
26, 2011, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of InterDigital
Communications, LLC of King of
Prussia, Pennsylvania; InterDigital
Technology Corporation of Wilmington,
Delaware; and IPR Licensing, Inc. of
Wilmington, Delaware. A letter
supplementing the complaint was filed
on August 12, 2011. The complaint, as
supplemented, alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
SUMMARY:
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United States after importation of
certain wireless devices with 3G
capabilities and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 7,349,540 (‘‘the ’540
patent’’); U.S. Patent No. 7,502,406 (‘‘the
’406 patent’’); U.S. Patent No. 7,536,013
(‘‘the ’013 patent’’); U.S. Patent No.
7,616,970 (‘‘the ’970 patent’’); U.S.
Patent No. 7,706,332 (‘‘the ’332 patent’’);
U.S. Patent No. 7,706,830 (‘‘the ’830
patent’’); and U.S. Patent No. 7,970,127
(‘‘the ’127 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 cease and desist
orders.
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.
ADDRESSES:
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 24, 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
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jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Notices
importation of certain wireless devices
with 3G capabilities and components
thereof that infringe one or more of
claims 1–15 of the ’540 patent; claims 1,
2, 6–9, 13, 15–16, 20–22, 26, 28–30, 34–
36, and 40 of the ’406 patent; claims 1–
19 of the ’013 patent; claims 1–18 of the
’970 patent; claims 1–27 of the ’332
patent; claims 1–3, 5–8, 10, 16–18, 20–
23, and 25 of the ’830 patent; and claims
1–14 of the ’127 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:
InterDigital Communications, LLC, 781
Third Avenue, King of Prussia, PA
19406–1409.
InterDigital Technology Corporation,
Hagley Building, Suite 105, 3411
Silverside Road, Concord Plaza,
Wilmington, DE 19810–4812.
IPR Licensing, Inc., Hagley Building,
Suite 105, 3411 Silverside Road,
Concord Plaza, Wilmington, DE
19810–4812.
(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:
Huawei Technologies Co., Ltd., Bantian,
Longgang District, Shenzhen,
Guangdong Province 518129, China.
FutureWei Technologies, Inc. d/b/a
Huawei, Technologies (USA), 5700
Tennyson Parkway, Suite #500, Plano,
TX 75024.
Nokia Corporation, Keilalahdentie 2–4,
FIN–00045 Nokia Group, Espoo,
Finland.
Nokia Inc., 102 Corporate Park Drive,
White Plains, NY 10604.
ZTE Corporation, ZTE Plaza, No. 55 HiTech Road South, Shenzhen,
Guangdong Province 518057, China.
ZTE (USA) Inc., 2425 N. Central
Expressway, Ste. 600, Richardson, TX
75080.
(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 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
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Jkt 223001
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.
Issued: August 25, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–22266 Filed 8–30–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–801]
In the Matter of Certain Products
Containing Interactive Program Guide
and Parental Controls Technology;
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
26, 2011, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Rovi Corporation of
Santa Clara, California; Rovi Guides,
Inc. (f/k/a Gemstar-TV Guide
International Inc.), of Santa Clara,
California; United Video Properties, Inc.
of Santa Clara, California; and Gemstar
Development Corporation of Santa
Clara, California. 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
SUMMARY:
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54253
certain products containing interactive
program guide and parental controls
technology by reason of infringement of
certain claims of U.S. Patent No.
6,305,016 (‘‘the ’016 patent’’); U.S.
Patent No. 7,493,643 (‘‘the ’643 patent’’);
and U.S. Patent No. RE41,993 (‘‘the ’993
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
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 25, 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 products
containing interactive program guide
and parental controls technology that
infringe one or more of claims 1–3, 13–
16, 20, 26, and 27 of the ’016 patent;
claims 1–4, 7–10, and 13–16 of the ’643
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]]>Agencies
[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54252-54253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22266]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[ Inv. No. 337-TA-800]
In the Matter of Certain Wireless Devices With 3G Capabilities
and Components Thereof; 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 26, 2011, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
InterDigital Communications, LLC of King of Prussia, Pennsylvania;
InterDigital Technology Corporation of Wilmington, Delaware; and IPR
Licensing, Inc. of Wilmington, Delaware. A letter supplementing the
complaint was filed on August 12, 2011. The complaint, as supplemented,
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 wireless devices with 3G
capabilities and components thereof by reason of infringement of
certain claims of U.S. Patent No. 7,349,540 (``the '540 patent''); U.S.
Patent No. 7,502,406 (``the '406 patent''); U.S. Patent No. 7,536,013
(``the '013 patent''); U.S. Patent No. 7,616,970 (``the '970 patent'');
U.S. Patent No. 7,706,332 (``the '332 patent''); U.S. Patent No.
7,706,830 (``the '830 patent''); and U.S. Patent No. 7,970,127 (``the
'127 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 cease and desist orders.
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
http:[sol][sol]www.usitc.gov. The public record for this investigation
may be viewed on the Commission's electronic docket (EDIS) at
http:[sol][sol]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 August 24, 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
[[Page 54253]]
importation of certain wireless devices with 3G capabilities and
components thereof that infringe one or more of claims 1-15 of the '540
patent; claims 1, 2, 6-9, 13, 15-16, 20-22, 26, 28-30, 34-36, and 40 of
the '406 patent; claims 1-19 of the '013 patent; claims 1-18 of the
'970 patent; claims 1-27 of the '332 patent; claims 1-3, 5-8, 10, 16-
18, 20-23, and 25 of the '830 patent; and claims 1-14 of the '127
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:
InterDigital Communications, LLC, 781 Third Avenue, King of Prussia, PA
19406-1409.
InterDigital Technology Corporation, Hagley Building, Suite 105, 3411
Silverside Road, Concord Plaza, Wilmington, DE 19810-4812.
IPR Licensing, Inc., Hagley Building, Suite 105, 3411 Silverside Road,
Concord Plaza, Wilmington, DE 19810-4812.
(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:
Huawei Technologies Co., Ltd., Bantian, Longgang District, Shenzhen,
Guangdong Province 518129, China.
FutureWei Technologies, Inc. d/b/a Huawei, Technologies (USA), 5700
Tennyson Parkway, Suite 500, Plano, TX 75024.
Nokia Corporation, Keilalahdentie 2-4, FIN-00045 Nokia Group, Espoo,
Finland.
Nokia Inc., 102 Corporate Park Drive, White Plains, NY 10604.
ZTE Corporation, ZTE Plaza, No. 55 Hi-Tech Road South, Shenzhen,
Guangdong Province 518057, China.
ZTE (USA) Inc., 2425 N. Central Expressway, Ste. 600, Richardson, TX
75080.
(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 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.
Issued: August 25, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22266 Filed 8-30-11; 8:45 am]
BILLING CODE 7020-02-P
