Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof; Termination of the Investigation Based on Settlement and Partial Withdrawal of the Complaint, 32996-32997 [2012-13364]
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Notices
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
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the docket number (‘‘Docket No. 2898’’)
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: May 30, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–13434 Filed 6–1–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
ebenthall on DSK5SPTVN1PROD with NOTICES
[Investigation No. 337–TA–769]
Certain Handheld Electronic
Computing Devices, Related Software,
and Components Thereof; Termination
of the Investigation Based on
Settlement and Partial Withdrawal of
the Complaint
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
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Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review initial determinations (‘‘IDs’’)
(Order Nos. 40 and 41) of the presiding
administrative law judge (‘‘ALJ’’)
terminating the above-captioned
investigation as to one remaining
respondent Inventec Corporation
(‘‘Inventec’’) of Taipei County, Taiwan
based on partial withdrawal of the
complaint, and as to the other remaining
respondents Barnes & Noble, Inc. and
barnesandnoble.com, LLC (collectively,
‘‘Barnes & Noble’’), both of New York,
New York, based on a settlement
agreement.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. 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 April 25, 2011, based on a complaint
filed by Microsoft Corporation
(‘‘Microsoft’’) of Redmond, Washington.
76 FR 22918. The complaint, as
amended, alleged a violation of section
337 of the Tariff Act of 1930, as
amended, 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 handheld electronic computing
devices, related software, and
components thereof by reason of
infringement of certain claims of U.S.
Patent Nos. 5,778,372 (‘‘the ’372
patent’’); 5,889,522 (‘‘the ’522 patent’’);
6,339,780 (‘‘the ’780 patent’’); 6,891,551
(‘‘the ’551 patent’’); and 6,957,233 (‘‘the
’233 patent’’). The complaint further
alleged the existence of a domestic
industry. The Commission’s notice of
investigation named several
respondents including: Hon Hai
Precision Industry Co., Ltd. and
SUMMARY:
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Foxconn Electronics, Inc., both of
Tucheng City, Taiwan; Foxconn
Precision Component (Shenzhen) Co.,
Ltd. of Shenzhen, China; and Foxconn
International Holdings Ltd. of Kowloon,
Hong Kong (collectively, ‘‘the Foxconn/
Hon Hai respondents’’); Barnes & Noble;
and Inventec.
On December 15, 2011, the
Commission issued notice of its
determination not to review the ALJ’s ID
granting Microsoft’s motion to terminate
the investigation as to the Foxxconn/
Hon Hai respondents based upon
withdrawal of all allegations as to these
respondents. On February 14, 2012, the
Commission issued notice of its
determination not to review the ALJ’s ID
granting Microsoft’s motion to terminate
the investigation as to claims 1–6, 9–14,
17–26, and 29–42 of the ’780 patent
(terminating this patent from the
investigation); claims 7, 9, and 11 of the
’551 patent; claim 21 of the ’233 patent;
claims 1 and 2 of the ’522 patent; and
claim 1 of the ’372 patent, based on
withdrawal of these asserted claims.
Also, on March 2 and 7, 2012,
respectively, the Commission issued
notice of its determinations not to
review the ALJ’s IDs granting
Microsoft’s motion for summary
determination as to Barnes & Noble’s
patent misuse defense, and for summary
determination as to the economic prong
of the domestic industry requirement.
On May 1, 2012, Microsoft moved to
terminate the investigation as to
Inventec based upon withdrawal of all
allegations as to this respondent.
Separately, Microsoft and Barnes &
Noble jointly moved to terminate the
investigation as to the remaining
respondents Barnes & Noble based on a
settlement agreement. The Commission
investigative attorney filed responses in
support of each motion.
On May 11, 2012, the ALJ issued an
ID granting Microsoft’s motion for
termination of the investigation as to
Inventec and a separate ID granting the
joint motion for termination of the
remaining respondents Barnes & Noble
based on a settlement agreement. He
found that both motions satisfied
Commission rule 210.21 and that the
joint motion for termination based on a
settlement agreement was not contrary
to the public interest in accordance with
Commission rule 210.50(b)(2). No party
petitioned for review of the IDs. The
Commission has determined not to
review the IDs, and has terminated 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
sections 210.21 and 210.42(h) of the
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Federal Register / Vol. 77, No. 107 / Monday, June 4, 2012 / Notices
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 the Secretary, Docket Services
Division, U.S. International Trade
Commission, telephone (202) 205–1802.
Commission’s Rules of Practice and
Procedure, 19 CFR 210.21, 210.42(h).
By order of the Commission.
Issued: May 29, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–13364 Filed 6–1–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
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).
[Inv. No. 337–TA–844]
Certain Drill Bits and Products
Containing the Same; 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
April 25, 2012, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Boart Longyear
Company of South Jordan, Utah and
Longyear TM, Inc. of South Jordan,
Utah. 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 drill bits and products
containing the same by reason of
infringement of certain claims of U.S.
Patent No. 7,828,090 (‘‘the ’090 patent’’);
U.S. Patent No. 7,874,384 (‘‘the ’384
patent’’); and U.S. Patent No. 8,051,929
(‘‘the ’929 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–
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SUMMARY:
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Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
May 25, 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 drill bits and
products containing the same that
infringe one or more of claims 1–9 and
12–20 of the ’090 patent; claims 8–10
and 12–16 of the ’384 patent; and claims
1, 2, 6–11, 13–16, 19, and 20 of the ’929
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 are:
Boart Longyear Company, 10808 S.
River Front Parkway, Suite 600, South
Jordan, UT 84095;
Longyear TM, Inc., 10808 S. River Front
Parkway, Suite 600, South Jordan, UT
84095.
(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:
Boyles Bros Diamantina S.A., Av. Santa
Ana 180–186 Ate, Lima, Peru;
Christensen Chile S.A., Lo Campino
432, Quilicura, Santiago, Chile;
Diamantina Christensen Trading Inc.,
Edificio AFRA, AV. Samuel Lewis y
Calle 54, Panama; and
Intermountain Drilling Supply Corp.,
3412 West 2400 South, West Valley
City, UT 84111.
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
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32997
shall designate the presiding
Administrative Law Judge.
The Commission notes that issues
regarding whether the importation
requirement of section 337 is met may
be present here. In instituting this
investigation, the Commission has not
made any determination as to whether
Complainants have satisfied this
requirement. Accordingly, the presiding
administrative law judge may wish to
consider this issue at an early date. Any
such decision should be issued in the
form of an initial determination (ID)
Rule 210.42(c), 19 CFR 210.42(c). The ID
will become the Commission’s final
determination 45 days after the date of
service of the ID unless the Commission
determines to review the ID. Any such
review will be conducted in accordance
with Commission Rules 210.43, 210.44
and 210.45, 19 CFR 210.43, 210.44, and
210.45.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
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: May 29, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012–13390 Filed 6–1–12; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Pages 32996-32997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13364]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-769]
Certain Handheld Electronic Computing Devices, Related Software,
and Components Thereof; Termination of the Investigation Based on
Settlement and Partial Withdrawal of the Complaint
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review initial determinations
(``IDs'') (Order Nos. 40 and 41) of the presiding administrative law
judge (``ALJ'') terminating the above-captioned investigation as to one
remaining respondent Inventec Corporation (``Inventec'') of Taipei
County, Taiwan based on partial withdrawal of the complaint, and as to
the other remaining respondents Barnes & Noble, Inc. and
barnesandnoble.com, LLC (collectively, ``Barnes & Noble''), both of New
York, New York, based on a settlement agreement.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2310. 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 April 25, 2011, based on a complaint filed by Microsoft Corporation
(``Microsoft'') of Redmond, Washington. 76 FR 22918. The complaint, as
amended, alleged a violation of section 337 of the Tariff Act of 1930,
as amended, 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 handheld electronic computing devices, related
software, and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 5,778,372 (``the '372 patent''); 5,889,522
(``the '522 patent''); 6,339,780 (``the '780 patent''); 6,891,551
(``the '551 patent''); and 6,957,233 (``the '233 patent''). The
complaint further alleged the existence of a domestic industry. The
Commission's notice of investigation named several respondents
including: Hon Hai Precision Industry Co., Ltd. and Foxconn
Electronics, Inc., both of Tucheng City, Taiwan; Foxconn Precision
Component (Shenzhen) Co., Ltd. of Shenzhen, China; and Foxconn
International Holdings Ltd. of Kowloon, Hong Kong (collectively, ``the
Foxconn/Hon Hai respondents''); Barnes & Noble; and Inventec.
On December 15, 2011, the Commission issued notice of its
determination not to review the ALJ's ID granting Microsoft's motion to
terminate the investigation as to the Foxxconn/Hon Hai respondents
based upon withdrawal of all allegations as to these respondents. On
February 14, 2012, the Commission issued notice of its determination
not to review the ALJ's ID granting Microsoft's motion to terminate the
investigation as to claims 1-6, 9-14, 17-26, and 29-42 of the '780
patent (terminating this patent from the investigation); claims 7, 9,
and 11 of the '551 patent; claim 21 of the '233 patent; claims 1 and 2
of the '522 patent; and claim 1 of the '372 patent, based on withdrawal
of these asserted claims. Also, on March 2 and 7, 2012, respectively,
the Commission issued notice of its determinations not to review the
ALJ's IDs granting Microsoft's motion for summary determination as to
Barnes & Noble's patent misuse defense, and for summary determination
as to the economic prong of the domestic industry requirement.
On May 1, 2012, Microsoft moved to terminate the investigation as
to Inventec based upon withdrawal of all allegations as to this
respondent. Separately, Microsoft and Barnes & Noble jointly moved to
terminate the investigation as to the remaining respondents Barnes &
Noble based on a settlement agreement. The Commission investigative
attorney filed responses in support of each motion.
On May 11, 2012, the ALJ issued an ID granting Microsoft's motion
for termination of the investigation as to Inventec and a separate ID
granting the joint motion for termination of the remaining respondents
Barnes & Noble based on a settlement agreement. He found that both
motions satisfied Commission rule 210.21 and that the joint motion for
termination based on a settlement agreement was not contrary to the
public interest in accordance with Commission rule 210.50(b)(2). No
party petitioned for review of the IDs. The Commission has determined
not to review the IDs, and has terminated 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 sections 210.21 and 210.42(h) of the
[[Page 32997]]
Commission's Rules of Practice and Procedure, 19 CFR 210.21, 210.42(h).
By order of the Commission.
Issued: May 29, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-13364 Filed 6-1-12; 8:45 am]
BILLING CODE 7020-02-P
