Certain Computing Devices With Associated Instruction Sets and Software; Institution of Investigation, 70490 [2011-29263]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Page 70490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29263]



[[Page 70490]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-812]


Certain Computing Devices With Associated Instruction Sets and 
Software; Institution of Investigation

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 September 22, 2011, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of VIA Technologies, Inc. of Taiwan; IP-First, LLC of Fremont, 
California; and Centaur Technology, Inc. of Austin, Texas. An amended 
complaint was filed on October 13, 2011. A letter further amending the 
Amended Complaint was filed on October 31, 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 computing devices with associated 
instruction sets and software by reason of infringement of certain 
claims of U.S. Patent No. 6,253,312 (``the `312 patent''); U.S. Patent 
No. 6,253,311 (``the `311 patent''); U.S. Patent No. 6,754,810 (``the 
`810 patent''); U.S. Patent No. 7,185,180 (``the `180 patent''); and 
U.S. Patent No. 7,155,598 (``the `598 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 complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a 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 November 7, 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 computing 
devices with associated instruction sets and software that infringe one 
or more of claims 1-4, 7-10, and 26-29 of the `312 patent; claims 1, 
14, and 21 of the `311 patent; claims 20, 27, and 30 of the `810 
patent; claims 23, 24 and 28-30 of the `598 patent; and claims 1-3 and 
10-14 of the `180 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 complainants are:

VIA Technologies, Inc., 8F, No. 535 Zhongzheng Road, Xindian District, 
New Taipei City 231, Taiwan.
IP-First, LLC, 940 Mission Court, Fremont, CA 94539.
Centaur Technology, Inc., 7600-C N. Capital of Texas Highway, Austin, 
TX 78731-1180.
    (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 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 respondent 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 the 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.

    Issued: November 7, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-29263 Filed 11-10-11; 8:45 am]
BILLING CODE 7020-02-P