Certain Devices for Mobile Data Communication; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 63657-63658 [2011-26444]
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Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–793]
Certain Flat Panel Display Devices, and
Products Containing the Same; Notice
of Commission Determination Not To
Review an Initial Determination
Granting Complainants’ Unopposed
Motion for Leave To Amend the
Complaint and Notice of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 6) granting
Complainant’s unopposed motion for
leave to amend the complaint and
notice of investigation.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3042. Copies of non-confidential
documents filed in connection with this
investigation are or 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 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. Hearing-impaired
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 instituted this investigation
on July 28, 2011, based on a complaint
filed by AU Optronics Corporation of
Hsinchu, Taiwan and AU Optronics
Corporation America of Milpitas,
California (collectively, ‘‘AU
Optronics’’). 76 FR 45296 (July 28,
2011). The complaint alleged 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 flat panel display devices, and
products containing the same by reason
of infringement of various claims of
United States Patent Nos. 6,281,955;
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SUMMARY:
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7,697,093; 7,286,192; 6,818,967;
7,199,854; and 7,663,729. The
complaint named as respondents
Samsung Electronics Co., Ltd. of Seoul,
Korea; Samsung Electronics America,
Inc. of Ridgefield Park, New Jersey;
AT&T, Inc. of Dallas, Texas (‘‘AT&T’’);
Best Buy Co., Inc. of Richfield,
Minnesota (‘‘Best Buy’’); and
BrandsMart USA, Inc. of Hollywood,
Florida (‘‘BrandsMart’’).
On August 31, 2011, AU Optronics
filed an unopposed motion for leave to
amend the complaint and notice of
investigation to add as respondents:
AT&T Mobility LLC of Atlanta, Georgia;
Best Buy Stores, L.P. of Richfield,
Minnesota; BestBuy.com, LLC of Eden
Prairie, Minnesota; Best Buy
Purchasing, LLC of Richfield,
Minnesota; and Interbond Corporation
of America of Fort Lauderdale, Florida,
d/b/a BrandsMart U.S.A. (collectively,
‘‘New Respondents’’), and to terminate
the investigation as to AT&T, Best Buy,
and BrandsMart.
On September 15, 2011, the ALJ
issued the subject ID, granting the
motion. The ALJ found that, pursuant to
Commission Rule 210.14(b) (19 CFR
210.14(b)), good cause exists to amend
the complaint and notice of
investigation. None of the parties
petitioned for review of the ID.
The Commission has determined not
to review the ID. Accordingly, the New
Respondents are added as respondents
to this investigation and AT&T, Best
Buy, and BrandsMart are terminated
from the investigation.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.42 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42).
Issued: October 6, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–26445 Filed 10–12–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–809]
Certain Devices for Mobile Data
Communication; Notice of Institution
of Investigation; Institution of
Investigation Pursuant to 19 U.S.C.
1337
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
63657
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 31, 2011, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Openwave
Systems Inc. of Redwood City,
California. Supplements to the
complaint were received on September
1, 16, and 19, 2011. 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 devices for
mobile data communication by reason
of infringement of certain claims of U.S.
Patent No. 6,233,608 (‘‘the ‘608 patent’’);
U.S. Patent No. 6,289,212 (‘‘the ‘212
patent’’); U.S. Patent No. 6,405,037 (‘‘the
‘037 patent’’); U.S. Patent No. 6,430,409
(‘‘the ‘409 patent’’); and U.S. Patent No.
6,625,447 (‘‘the ‘447 patent’’). The
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
orders.
SUMMARY:
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.
ADDRESSES:
the
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
FOR FURTHER INFORMATION CONTACT:
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).
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63658
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
October 5, 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 devices for
mobile data communication that
infringe one or more of claims 1, 3, 5–
9, 33–36, and 47–50 of the ‘608 patent;
claims 1–11, 14–24, 28–33, and 35–38 of
the ‘212 patent; claims 1–14 and 27 of
the ‘037 patent; claims 12–44 and 63–
84 of the ‘409 patent; and claims 1–7,
9–19, and 21–29 of the ‘447 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:
Openwave Systems Inc., 2100 Seaport
Boulevard, Redwood City, CA 94063.
(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:
Apple Inc., 1 Infinite Loop, Cupertino,
CA 95014.
Research In Motion Ltd., 295 Phillip
Street, Waterloo, Ontario N2L 3W8,
Canada.
Research In Motion Corp., 122 West
John Carpenter Parkway, Suite 430,
Irving, TX 75039.
(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 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
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16:50 Oct 12, 2011
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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.
[FR Doc. 2011–26444 Filed 10–12–11; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993; ASTM International
Notice is hereby given that, on August
31, 2011, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), ASTM International
(‘‘ASTM’’) has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing additions or
changes to its standards development
activities. The notifications were filed
for the purpose of extending the Act’s
provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, ASTM has provided an
updated list of current, ongoing ASTM
standards activities originating between
May 2011 and August 2011 designated
as Work Items. A complete listing of
ASTM Work Items, along with a brief
description of each, is available at
https://www.astm.org.
On September 15, 2004, ASTM filed
its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on November 10, 2004
(69 FR 65226).
The last notification was filed with
the Department on May 11, 2011. A
notice was published in the Federal
Frm 00059
Fmt 4703
Sfmt 9990
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2011–26427 Filed 10–12–11; 8:45 am]
BILLING CODE 4410–11–M
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993; PXI Systems Alliance, Inc.
Issued: October 6, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
PO 00000
Register pursuant to Section 6(b) of the
Act on June 13, 2011 (76 FR 34252).
For additional information, please
contact Thomas B. O’Brien, Jr., Vice
President and General Counsel, at 100
Barr Harbor Drive, West Conshohocken,
PA 19428–2959, telephone # 610–832–
9597.
Notice is hereby given that, on
September 6, 2011, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI
Systems Alliance, Inc. has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Shikino High-Tech Co.
Ltd., Toyama, Japan, has been added as
a party to this venture. Also, DC to Light
Limited, Bray, Wicklow, Ireland, has
withdrawn as a party to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and PXI Systems
Alliance, Inc. intends to file additional
written notifications disclosing all
changes in membership.
On November 22, 2000, PXI Systems
Alliance, Inc. filed its original
notification pursuant to Section 6(a) of
the Act. The Department of Justice
published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on March 8, 2001 (66 FR 13971).
The last notification was filed with
the Department on June 29, 2001. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on August 9, 2011 (76 FR 48883).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2011–26428 Filed 10–12–11; 8:45 am]
BILLING CODE 4410–11–M
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]]>Agencies
[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63657-63658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26444]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-809]
Certain Devices for Mobile Data Communication; 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 August 31, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Openwave Systems Inc. of Redwood City, California. Supplements to the
complaint were received on September 1, 16, and 19, 2011. 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 devices for mobile data
communication by reason of infringement of certain claims of U.S.
Patent No. 6,233,608 (``the `608 patent''); U.S. Patent No. 6,289,212
(``the `212 patent''); U.S. Patent No. 6,405,037 (``the `037 patent'');
U.S. Patent No. 6,430,409 (``the `409 patent''); and U.S. Patent No.
6,625,447 (``the `447 patent''). The 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 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 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).
[[Page 63658]]
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 5, 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 devices for
mobile data communication that infringe one or more of claims 1, 3, 5-
9, 33-36, and 47-50 of the `608 patent; claims 1-11, 14-24, 28-33, and
35-38 of the `212 patent; claims 1-14 and 27 of the `037 patent; claims
12-44 and 63-84 of the `409 patent; and claims 1-7, 9-19, and 21-29 of
the `447 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:
Openwave Systems Inc., 2100 Seaport Boulevard, Redwood City, CA
94063.
(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:
Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
Research In Motion Ltd., 295 Phillip Street, Waterloo, Ontario N2L
3W8, Canada.
Research In Motion Corp., 122 West John Carpenter Parkway, Suite
430, Irving, TX 75039.
(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 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: October 6, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-26444 Filed 10-12-11; 8:45 am]
BILLING CODE 7020-02-P
