Certain Consumer Electronics, Including Mobile Phones and Tablets; Institution of Investigation Pursuant to 19 U.S.C. 1337, 24514-24515 [2012-9767]
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices
205–2000. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and 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 (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. Hearingimpaired 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 has received a complaint
and a submission pursuant to section
210.8(b) of the Commission’s Rules of
Practice and Procedure filed on behalf
of Anu IP LLC on April 18, 2012. The
complaint alleges 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 electronic devices
having a retractable USB connector. The
complaint names as respondents
AIPTEK International, Inc. of Taiwan;
Aluratek, Inc. of CA; Archos S. A. of
France; Archos, Inc. of CO; Bluestar
Alliance LLC of NY; Centon Electronics,
Inc. of CA; Coby Electronics Corporation
of NY; Corsair Memory, Inc. of CA;
Emtec Electronics, Inc. of OH; General
Imaging Company of CA; Huawei
Technology Company, Ltd. of China;
Iriver, Inc. of CA; JVC Kenwood
Corporation of Japan; JVC Americas
Corporation of NJ; Latte
Communications, Inc. of CA; Lexar
Media, Inc. of CA; Maxell Corporation
of America, Inc. of NJ; Hitachi Maxell,
Ltd. of Japan; Office Depot, Inc. of FL;
Olympus Corporation of Japan;
Olympus Corporation of the Americas of
PA; Option NV of Belgium; Option, Inc.
of GA; Panasonic Corporation of Japan;
Panasonic Corporation North America
of NJ; Patriot Memory LLC of CA;
Provantage LLC of OH; RITEK
Corporation of Taiwan; Advanced
Media, Inc. (d/b/a RITEK U.S.A.) of CA;
Sakar International, Inc. of NJ; Samsung
Electronics Co., Ltd. of South Korea;
Samsung Electronics America of NJ;
Sanyo Electric Co, Ltd. of Japan; Sanyo
North America Corporation of CA;
Silicon Power Computer and Comm.,
Inc. of Taiwan; Silicon Power Computer
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and Comm. USA, Inc. of CA;
Supersonic, Inc. of CA; Super Talent
Technology Corporation of CA; Toshiba
Corporation of Japan; Toshiba America,
Inc. of NY; ViewSonic Corporation of
CA; VOXX International Corporation of
NY; Audiovox Accessories Corporation
of IN; Yamaha Corporation of Japan; and
Yamaha Corporation of America of CA.
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
interest issues raised by the complaint
or section 210.8(b) filing. Comments
should address whether issuance of the
relief specifically requested by the
complainant in this investigation would
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 requested
remedial orders are used in the United
States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) Identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) Indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) Explain how the requested
remedial orders would impact United
States consumers.
Written submissions must be filed no
later than by close of business, eight
calendar 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
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
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Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the docket number (‘‘Docket No.2892’’)
in a prominent place on the cover page
and/or the first page. (See Handbook for
Electronic Filing Procedures, https://
www.usitc.gov/secretary/
fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding 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 and on EDIS.
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 210.8(c) of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: April 19, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–9785 Filed 4–23–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–839]
Certain Consumer Electronics,
Including Mobile Phones and Tablets;
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
March 13, 2012, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Pragmatus AV,
LLC of Alexandria, Virginia. A letter
supplementing the complaint was filed
on March 30, 2012. 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
SUMMARY:
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Notices
certain consumer electronics, including
mobile phones and tablets, by reason of
infringement of certain claims of U.S.
Patent No. 5,854,893 (‘‘the ‘893 patent’’);
U.S. Patent No. 6,237,025 (‘‘the ‘025
patent’’); U.S. Patent No. 7,054,904 (‘‘the
‘904 patent’’); U.S. Patent No. 7,185,054
(‘‘the ‘054 patent’’); and U.S. Patent No.
7,206,809 (‘‘the ‘809 patent’’). The
complaint further alleges that an
industry in the United States exists 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
(2012).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
April 17, 2012, 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 consumer
electronics, including mobile phones
and tablets, that infringe one or more of
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claims 13, 15, and 16 of the ‘893 patent;
claims 33–37 and 43 of the ‘025 patent;
claims 17, 19, 20, 22, and 23 of the ‘904
patent; claims 10, 11, 13, and 14 of the
‘054 patent; claims 1–12, 34, 37, 40, and
41 of the ‘809 patent, and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(2) Pursuant to Commission Rule
210.50(b)(1), 19 C.F.R. § 210.50(b)(1),
the presiding administrative law judge
shall take evidence or other information
and hear arguments from the parties and
other interested persons with respect to
the public interest in this investigation,
as appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue, which shall be limited to the
statutory public interest factors, 19
U.S.C. 1337(d)(1), (f)(1), (g)(1);
(3) 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: Pragmatus
AV, LLC, 601 King Street, Suite 200,
Alexandria, VA 22314.
(b) The respondents the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
ASUSTeK Computer, Inc., 4F, 150, LiTe Road, Beitou District, Taipei City,
Taiwan;
ASUS Computer International, Inc., 800
Corporate Way, Fremont, CA 94539;
HTC Corporation, 23 Xinghua Road,
Taoyuan, 330, Taiwan;
HTC America, Inc., 13920 SE Eastgate
Way, Suite 400, Bellevue, WA 98005;
LG Electronics, Inc., LG Twin Towers,
20, Yoido-dong, Youngdungpo-gu,
Seoul, 157–721, Republic of Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan
Ave., Englewood Cliffs, NJ 07632;
LG Electronics MobileComm U.S.A.,
Inc., 10101 Old Grove Road, San
Diego, CA 92131;
Pantech Co., Ltd., 1–2, DMC Sangamdon Mapo-gu, Seoul, Republic of
Korea;
Pantech Wireless, Inc., 5607 Glenridge
Drive, Suite 500, Atlanta, GA 30342;
Research In Motion Ltd., 295 Phillip
Street, Waterloo, Ontario N2L 3W8,
Canada;
Research In Motion Corp., 122 W. John
Carpenter Parkway, Suite 430, Irving,
TX 75039;
Samsung Electronics Co., Ltd, 1320–10,
Seocho 2-dong Seocho-gu, Seoul,
Republic of Korea;
Samsung Electronics America, Inc., 105
Challenger Rd., Ridgefield Park, NJ
07660;
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24515
Samsung Telecommunications America,
L.L.C., 1301 East Lookout Drive,
Richardson, TX 75082.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(4) 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.
By order of the Commission.
Issued: April 18, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–9767 Filed 4–23–12; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Clean Water Act
Notice is hereby given that on April
16, 2012 a proposed Consent Decree
(‘‘Decree’’) in United States of America
and the State of Tennessee v. the City
of Memphis (‘‘City’’), Civil Action No.
2:10–CV–02083–SHM–dkv was lodged
with the United States District Court for
the Western District of Tennessee. This
Decree represents a settlement of claims
against the City of Memphis under
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]]>Agencies
[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Pages 24514-24515]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9767]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-839]
Certain Consumer Electronics, Including Mobile Phones and
Tablets; 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 March 13, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Pragmatus AV, LLC of Alexandria, Virginia. A letter supplementing the
complaint was filed on March 30, 2012. 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
[[Page 24515]]
certain consumer electronics, including mobile phones and tablets, by
reason of infringement of certain claims of U.S. Patent No. 5,854,893
(``the `893 patent''); U.S. Patent No. 6,237,025 (``the `025 patent'');
U.S. Patent No. 7,054,904 (``the `904 patent''); U.S. Patent No.
7,185,054 (``the `054 patent''); and U.S. Patent No. 7,206,809 (``the
`809 patent''). The complaint further alleges that an industry in the
United States exists 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 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 17, 2012, 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 consumer
electronics, including mobile phones and tablets, that infringe one or
more of claims 13, 15, and 16 of the `893 patent; claims 33-37 and 43
of the `025 patent; claims 17, 19, 20, 22, and 23 of the `904 patent;
claims 10, 11, 13, and 14 of the `054 patent; claims 1-12, 34, 37, 40,
and 41 of the `809 patent, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 C.F.R. Sec.
210.50(b)(1), the presiding administrative law judge shall take
evidence or other information and hear arguments from the parties and
other interested persons with respect to the public interest in this
investigation, as appropriate, and provide the Commission with findings
of fact and a recommended determination on this issue, which shall be
limited to the statutory public interest factors, 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(3) 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: Pragmatus AV, LLC, 601 King Street, Suite
200, Alexandria, VA 22314.
(b) The respondents the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
ASUSTeK Computer, Inc., 4F, 150, Li-Te Road, Beitou District, Taipei
City, Taiwan;
ASUS Computer International, Inc., 800 Corporate Way, Fremont, CA
94539;
HTC Corporation, 23 Xinghua Road, Taoyuan, 330, Taiwan;
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA
98005;
LG Electronics, Inc., LG Twin Towers, 20, Yoido-dong, Youngdungpo-gu,
Seoul, 157-721, Republic of Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Ave., Englewood Cliffs, NJ
07632;
LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San
Diego, CA 92131;
Pantech Co., Ltd., 1-2, DMC Sangam-don Mapo-gu, Seoul, Republic of
Korea;
Pantech Wireless, Inc., 5607 Glenridge Drive, Suite 500, Atlanta, GA
30342;
Research In Motion Ltd., 295 Phillip Street, Waterloo, Ontario N2L 3W8,
Canada;
Research In Motion Corp., 122 W. John Carpenter Parkway, Suite 430,
Irving, TX 75039;
Samsung Electronics Co., Ltd, 1320-10, Seocho 2-dong Seocho-gu, Seoul,
Republic of Korea;
Samsung Electronics America, Inc., 105 Challenger Rd., Ridgefield Park,
NJ 07660;
Samsung Telecommunications America, L.L.C., 1301 East Lookout Drive,
Richardson, TX 75082.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) 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.
By order of the Commission.
Issued: April 18, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9767 Filed 4-23-12; 8:45 am]
BILLING CODE 7020-02-P
