In the Matter of Certain Wireless Devices With 3G Capabilities and Components Thereof; Notice of Institution of Investigation, 54252-54253 [2011-22266]

Download as PDF jlentini on DSK4TPTVN1PROD with NOTICES 54252 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, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ VerDate Mar<15>2010 18:35 Aug 30, 2011 Jkt 223001 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: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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 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. 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 E:\FR\FM\31AUN1.SGM 31AUN1 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 VerDate Mar<15>2010 18:35 Aug 30, 2011 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: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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 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. 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 E:\FR\FM\31AUN1.SGM 31AUN1

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