In the Matter of Certain Electronic Devices With Communication Capabilities, Components Thereof, and Related Software; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 60870 [2011-25279]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Page 60870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25279]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-808]


In the Matter of Certain Electronic Devices With Communication 
Capabilities, Components Thereof, and Related Software; Notice of 
Institution of Investigation; Institution of Investigation Pursuant to 
19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 16, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
HTC Corp. of Taiwan. An amended complaint was filed on September 7, 
2011. Supplements were filed on September 2, 19, and 23, 2011. The 
amended 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 electronic 
devices with communication capabilities, components thereof, and 
related software by reason of infringement of certain claims of U.S. 
Patent No. 7,765,414 (``the `414 patent''); U.S. Patent No. 7,417,944 
(``the `944 patent''); U.S. Patent No. 7,672,219 (``the `219 patent''); 
U.S. Patent No. 6,708,214 (``the `214 patent''); U.S. Patent No. 
6,473,006 (``the `006 patent''); U.S. Patent No. 7,289,772 (``the `772 
patent''); U.S. Patent No. 6,868,283 (``the `283 patent''); and U.S. 
Patent No. 7,020,849 (``the `849 patent''). The amended complaint 
further alleges that an industry in the United States exists or is in 
the process of being established 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 cease and desist order.

ADDRESSES: The amended 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 amended complaint, 
the U.S. International Trade Commission, on September 26, 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 electronic 
devices with communication capabilities, components thereof, and 
related software that infringe one or more of claims 1, 4-13, and 15-21 
of the `414 patent; claim 1 of the `944 patent; claims 1-5 of the `219 
patent; claims 1-3 of the `214 patent; claims 1, 3, and 7-11 of the 
`006 patent; claims 1, 2, and 9 of the `772 patent; claims 11, 12, and 
19 of the `283 patent; and claims 1, 5, 9-11, 13, 14, 16, and 17 of the 
`849 patent; and whether an industry in the United States exists or is 
in the process of being established 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 is:
    HTC Corp., 23 Xinghua Rd., Taoyuan City, Taoyuan County 330, 
Taiwan.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the amended 
complaint is to be served:
    Apple Inc. a/k/a Apple Computer, Inc., 1 Infinite Loop, Cupertino, 
CA 95014.
    (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 Acting Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate the presiding Administrative Law Judge.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: September 27, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-25279 Filed 9-29-11; 8:45 am]
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