Certain Radio Frequency Integrated Circuits and Devices Containing Same; Institution of Investigation, 35426-35427 [2012-14318]

Download as PDF erowe on DSK2VPTVN1PROD with NOTICES 35426 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Notices section 201.11 of the Commission’s rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigations need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in the final phase of these investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on September 13, 2012, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on October 3, 2012, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before September 19, 2012. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on September 21, 2012, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing VerDate Mar<15>2010 14:45 Jun 12, 2012 Jkt 226001 Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission’s rules; the deadline for filing is September 20, 2012. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is October 11, 2012; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an appearance as a party to the investigations may submit a written statement of information pertinent to the subject of the investigations, including statements of support or opposition to the petition, on or before October 11, 2012. On October 30, 2012, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before November 1, 2012, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please be aware that the Commission’s rules with respect to electronic filing have been amended. The amendments took effect on November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the newly revised Commission’s Handbook on E–Filing, available on the Commission’s web site at http://edis.usitc.gov. Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: June 7, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–14323 Filed 6–12–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–848] Certain Radio Frequency Integrated Circuits and Devices Containing Same; Institution of Investigation 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 February 15, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Peregrine Semiconductor Corporation of San Diego, California. Supplements were filed on February 16 and February 28, 2012. The complaint was amended on May 11, 2012. The complaint, as supplemented and amended, 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 radio frequency integrated circuits and devices containing same by reason of infringement of certain claims of U.S. Patent No. 7,910,993 (‘‘the ‘993 patent’’); U.S. Patent No. 7,123,898 (‘‘the ‘898 patent’’); U.S. Patent No. 7,460,852 (‘‘the ‘852 patent’’); U.S. Patent No. 7,796,969 (‘‘the ‘969 patent’’); and U.S. Patent No. 7,860,499 (‘‘the ‘499 patent’’). The amended 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 order. SUMMARY: 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. ADDRESSES: E:\FR\FM\13JNN1.SGM 13JNN1 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Notices 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 http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. erowe on DSK2VPTVN1PROD with NOTICES 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 June 5, 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 radio frequency integrated circuits and devices containing same that infringe one or more of claims 14–16, 23–25, 31, 32, and 37 of the ‘993 patent; claims 1–3, 5–7, and 15 of the ‘898 patent; 1–4, 7, 13, 14, 20, 22, 24, and 25 of the ‘852 patent; claims 6–8, 29, and 30 of the ‘969 patent; and claims 1, 3, 5, and 6 of the ‘499 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 complainant is: Peregrine Semiconductor Corporation, 9380 Carroll Park Drive, San Diego, CA 92121. (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: RF Micro Devices, Inc., 7628 Thorndike Road, Greensboro, NC 27409–9421; Motorola Mobility, Inc., 600 North US Highway 45, Libertyville, IL 60048; VerDate Mar<15>2010 14:45 Jun 12, 2012 Jkt 226001 HTC America, Inc., 13920 SE. Eastgate Way, Suite 400, Bellevue, WA 98005; HTC Corporation, 23 Xinghua Road, Taoyuan County 330, Taiwan. (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 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: June 7, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–14318 Filed 6–12–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–744] Certain Mobile Devices, Associated Software, and Components Thereof Final Determination of Violation; Issuance of a Limited Exclusion Order; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 35427 Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337) by respondent Motorola Mobility, Inc. of Libertyville, Illinois (‘‘Motorola’’) in the above-captioned investigation. The Commission has issued a limited exclusion order directed to the infringing products of Motorola and has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3115. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 November 5, 2010, based on a complaint filed by Microsoft Corporation of Redmond, Washington (‘‘Microsoft’’). 75 FR 68379–80 (Nov. 5, 2010). The complaint alleges violations 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 mobile devices, associated software, and components thereof by reason of infringement of U.S. Patent Nos. 5,579,517 (‘‘the ‘517 patent’’); 5,758,352 (‘‘the ‘352 patent’’); 6,621,746 (‘‘the ‘746 patent’’); 6,826,762 (‘‘the ‘762 patent’’); 6,909,910 (‘‘the ‘910 patent’’); 7,644,376 (‘‘the ‘376 patent’’); 5,664,133 (‘‘the ‘133 patent’’); 6,578,054 (‘‘the ‘054 patent’’); and 6,370,566 (‘‘the ‘566 patent.’’) Subsequently, the ‘517 and the ‘746 patents were terminated from the investigation. The notice of investigation, as amended, names Motorola Mobility, Inc. of Libertyville, Illinois and Motorola, Inc. of Schaumburg, Illinois as respondents. Motorola, Inc. n/k/a Motorola Solutions was terminated from the investigation SUMMARY: E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Notices]
[Pages 35426-35427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14318]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-848]


Certain Radio Frequency Integrated Circuits and Devices 
Containing Same; 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 February 15, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Peregrine Semiconductor Corporation of San Diego, California. 
Supplements were filed on February 16 and February 28, 2012. The 
complaint was amended on May 11, 2012. The complaint, as supplemented 
and amended, 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 radio 
frequency integrated circuits and devices containing same by reason of 
infringement of certain claims of U.S. Patent No. 7,910,993 (``the `993 
patent''); U.S. Patent No. 7,123,898 (``the `898 patent''); U.S. Patent 
No. 7,460,852 (``the `852 patent''); U.S. Patent No. 7,796,969 (``the 
`969 patent''); and U.S. Patent No. 7,860,499 (``the `499 patent''). 
The amended 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 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.

[[Page 35427]]

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 http://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://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 June 5, 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 radio 
frequency integrated circuits and devices containing same that infringe 
one or more of claims 14-16, 23-25, 31, 32, and 37 of the `993 patent; 
claims 1-3, 5-7, and 15 of the `898 patent; 1-4, 7, 13, 14, 20, 22, 24, 
and 25 of the `852 patent; claims 6-8, 29, and 30 of the `969 patent; 
and claims 1, 3, 5, and 6 of the `499 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 complainant is:

Peregrine Semiconductor Corporation, 9380 Carroll Park Drive, San 
Diego, CA 92121.

    (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:

RF Micro Devices, Inc., 7628 Thorndike Road, Greensboro, NC 27409-9421;
Motorola Mobility, Inc., 600 North US Highway 45, Libertyville, IL 
60048;
HTC America, Inc., 13920 SE. Eastgate Way, Suite 400, Bellevue, WA 
98005;
HTC Corporation, 23 Xinghua Road, Taoyuan County 330, Taiwan.

    (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 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: June 7, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-14318 Filed 6-12-12; 8:45 am]
BILLING CODE 7020-02-P