Certain Wireless Consumer Electronics Devices and Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337, 51572-51573 [2012-20835]
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51572
Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–853]
Certain Wireless Consumer
Electronics Devices and Components
Thereof; 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 July
24, 2012, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Technology
Properties Limited LLC of Cupertino,
California, Phoenix Digital Solutions
LLC of Cupertino, California, and Patriot
Scientific Corporation of Carlsbad,
California. 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 wireless consumer electronics
devices and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 5,809,336 (‘‘the ’336
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.
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.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
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ADDRESSES:
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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
August 20, 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 wireless
consumer electronics devices and
components thereof that infringe one or
more of claims 1, 6, 7, 9–11, and 13–16
of the ’336 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 CFR 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 complainants are:
Technology Properties Limited LLC,
20883 Stevens Creek Blvd., Suite 100,
Cupertino, CA 95014.
Phoenix Digital Solutions LLC, 20883
Stevens Creek Blvd., Suite 100,
Cupertino, CA 95014.
Patriot Scientific Corporation, 701
Palomar Airport Rd., Suite 170,
Carlsbad, CA 92011.
(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:
Acer Inc., 8F, No. 88, Section 1, Hsin
Tai Wu Road, Hsichih 221, Taipei
Hsien, Taiwan.
Acer America Corporation, 333 West
San Carlos Street, San Jose, CA 95110.
Amazon.com, Inc., 410 Terry Avenue
North, Seattle, WA 98109–5210.
PO 00000
Frm 00062
Fmt 4703
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Barnes & Noble, Inc., 122 Fifth Avenue,
New York, NY 10011.
¨
Garmin Ltd., Muhlentalstrasse 2, 8200
Schaffhausen, Switzerland.
Garmin International, Inc., 1200 East
151st Street, Olathe, KS 66062.
Garmin USA, Inc., 1200 East 151st
Street, Olathe, KS 66062.
HTC Corporation, 23 Xinghua Road,
Taoyuan 330, Taiwan.
HTC America, 13920 SE Eastgate Way,
Suite #200, Bellevue, WA 98005.
Huawei Technologies Co., Ltd., Huawei
Industrial Base, Bantian Longgang,
Shenzhen 518129, China.
Huawei North America, 5700 Tennyson
Parkway, Suite 500, Plano, TX 75024.
Kyocera Corporation, 6 Takeda
Tobadono-cho, Fushmi-ku, Kyoto
612–8501, Japan.
Kyocera Communications, Inc., 9520
Towne Centre Drive, San Diego, CA
92121.
LG Electronics, Inc., LG Twin Towers,
20 Yeouido-dong, Yeongdeungpo-gu,
Seoul 150–721, Republic of Korea.
LG Electronics U.S.A., Inc., 1000 Sylvan
Avenue, Englewood Cliffs, NJ 07632.
Nintendo Co., Ltd., 11–1 Kamitoba
Hokotate-Cho, Minami-Ku, Kyoto
601–8501, Japan.
Nintendo of America, Inc., 4600 150th
Avenue NE., Redmond, WA 98052.
Novatel Wireless, Inc., 9645 Scranton
Road Suite #205, San Diego, CA
92121.
Samsung Electronics Co., Ltd., Samsung
Main Building, 250, Taepyeongno 2ga, Jung-gu, Seoul 100–742, Republic
of Korea.
Samsung Electronics America, Inc., 105
Challenger Road, Ridgefield Park, NJ
07660.
Sierra Wireless, Inc., 13811 Wireless
Way, Richmond, British Columbia
V6V 3A4, Canada.
Sierra Wireless America, Inc., 2200
Faraday Avenue, Suite 150, Carlsbad,
CA 92008.
ZTE Corporation, ZTE Plaza, Keji South
Road, Hi & New Tech Industrial Park,
Nanshan District, Shenzhen 518057,
China.
ZTE (USA) Inc., 2425 N. Central
Expressway, Suite 323, Richardson,
TX 75080.
(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
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Federal Register / Vol. 77, No. 165 / Friday, August 24, 2012 / Notices
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: Tuesday, August 21, 2012.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2012–20835 Filed 8–23–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–746]
Certain Automated Media Library
Devices; Determination To Review in
Part a Final Initial Determination;
Schedule for Filing Written
Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the final initial determination
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) on
June 20, 2012, finding no violation of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in this
investigation.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2392. Copies of non-confidential
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SUMMARY:
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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: This
investigation was instituted on
November 24, 2010, based upon a
complaint filed by Overland Storage of
San Diego, California (‘‘Overland’’) on
October 19, 2010, and supplemented on
November 9, 2010. 75 FR 71735 (Nov.
24, 2010). The complaint alleged
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) by reason
of infringement of certain claims of U.S.
Patent No. 6,328,766 and U.S. Patent
No. 6,353,581 (collectively, ‘‘the
Asserted Patents’’). The notice of
investigation named as respondents
BDT AG of Rottweil, Germany; BDT
Solutions GmbH & Co. KG of Rottweil,
Germany; BDT Automation Technology
(Zhuhai FTZ), Co., Ltd. of Zhuhai
Guandang, China; BDT de Mexico, S. de
R.L. de C.V., of Jalisco, Mexico; BDT
Products, Inc., of Irvine, California; Dell
Inc. of Round Rock, Texas (‘‘Dell’’); and
International Business Machines Corp.
of Armonk, New York (‘‘IBM’’). The
Office of Unfair Import Investigations
was not named as a party.
The ALJ granted BDT Solutions
GmbH & Co. KG’s motion for summary
determination of no violation on
September 2, 2011. See Notice of
Commission Determination Not to
Review an Initial Determination
Granting BDT Solutions’ Motion for
Summary Determination of No Violation
of Section 337 (Sep. 21, 2011). On
December 5, 2011, the ALJ granted a
joint motion to terminate IBM and Dell
from the investigation. See Notice of
Commission Determination to Affirm an
Initial Determination Granting a Joint
Motion For Termination of the
Investigation by Settlement as to
Respondents International Business
Machines Corp. and Dell Inc. (Jan. 27,
2012). BDT AG, BDT Automation
Technology (Zhuhai FTZ), Co., Ltd.,
BDT de Mexico, S. de R.L. de C.V., and
BDT Products, Inc. (collectively, ‘‘the
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51573
BDT Respondents’’) remain as
respondents in the investigation.
On June 20, 2012, the ALJ issued his
final ID, finding no violation of section
337 by the BDT Respondents with
respect to any of the asserted claims.
Specifically, the ALJ found no violation
of section 337 by the BDT Respondents
in connection with claims 1–3 and 7–9
of the ’766 patent and claims 1–2, 5–7,
9–10, 12 and 15–16 of the ’581 patent.
The ALJ also found that the asserted
claims were not shown to be invalid
except for claim 15 of the ’581 patent.
The ALJ further found that a domestic
industry in the United States exists that
practices the ’766 patent. The ALJ,
however, found that a domestic industry
in the United States does not exist that
practices the ’581 patent. The ALJ also
found that the BDT Respondents are not
entitled to a patent exhaustion defense.
On July 5, 2012, Overland and the
BDT Respondents each filed a petition
for review of the ID. On July 13, 2012,
Overland and the BDT Respondents
each filed a response.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, the Commission has
determined to review the ALJ’s final ID
in part. Specifically, with respect to the
’766 patent, the Commission has
determined to review the ALJ’s findings
on contributory infringement, validity
and patent exhaustion. With respect to
the ’581 patent, the Commission has
determined to review the ALJ’s
construction of the claim term ‘‘linear
array,’’ and the ALJ’s findings on
infringement, validity, domestic
industry and patent exhaustion.
The parties are requested to brief their
positions on the issues under review
with reference to the applicable law and
the evidentiary record. In connection
with its review, the Commission is only
interested in responses to the following
questions. Each party’s brief responding
to the following questions should be no
more than 50 pages.
1. The ALJ found that the BDT
Respondents did not prove by clear and
convincing evidence that the IBM 3570,
3575, 7331, 7336 and 3494 documents
qualify as printed publications under 35
U.S.C. 102. For each respective IBM
document, please identify all evidence
in the record that supports a finding that
the document was publicly accessible
before the filing date of the ’766 patent.
2. To the extent the IBM 3570, 7331,
7336 and 3494 documents qualify as
printed publications under 35 U.S.C.
102, how does each document either
alone or in combination with other prior
art of record anticipate or render
obvious the asserted claims of the ’766
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Agencies
[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51572-51573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20835]
[[Page 51572]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-853]
Certain Wireless Consumer Electronics Devices and Components
Thereof; 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 July 24, 2012, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Technology Properties Limited LLC of Cupertino, California, Phoenix
Digital Solutions LLC of Cupertino, California, and Patriot Scientific
Corporation of Carlsbad, California. 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 wireless consumer electronics devices and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 5,809,336 (``the '336 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-
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 August 20, 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 wireless
consumer electronics devices and components thereof that infringe one
or more of claims 1, 6, 7, 9-11, and 13-16 of the '336 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 CFR 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 complainants are:
Technology Properties Limited LLC, 20883 Stevens Creek Blvd., Suite
100, Cupertino, CA 95014.
Phoenix Digital Solutions LLC, 20883 Stevens Creek Blvd., Suite 100,
Cupertino, CA 95014.
Patriot Scientific Corporation, 701 Palomar Airport Rd., Suite 170,
Carlsbad, CA 92011.
(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:
Acer Inc., 8F, No. 88, Section 1, Hsin Tai Wu Road, Hsichih 221, Taipei
Hsien, Taiwan.
Acer America Corporation, 333 West San Carlos Street, San Jose, CA
95110.
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210.
Barnes & Noble, Inc., 122 Fifth Avenue, New York, NY 10011.
Garmin Ltd., M[uuml]hlentalstrasse 2, 8200 Schaffhausen, Switzerland.
Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062.
Garmin USA, Inc., 1200 East 151st Street, Olathe, KS 66062.
HTC Corporation, 23 Xinghua Road, Taoyuan 330, Taiwan.
HTC America, 13920 SE Eastgate Way, Suite 200, Bellevue, WA
98005.
Huawei Technologies Co., Ltd., Huawei Industrial Base, Bantian
Longgang, Shenzhen 518129, China.
Huawei North America, 5700 Tennyson Parkway, Suite 500, Plano, TX
75024.
Kyocera Corporation, 6 Takeda Tobadono-cho, Fushmi-ku, Kyoto 612-8501,
Japan.
Kyocera Communications, Inc., 9520 Towne Centre Drive, San Diego, CA
92121.
LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-gu,
Seoul 150-721, Republic of Korea.
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ
07632.
Nintendo Co., Ltd., 11-1 Kamitoba Hokotate-Cho, Minami-Ku, Kyoto 601-
8501, Japan.
Nintendo of America, Inc., 4600 150th Avenue NE., Redmond, WA 98052.
Novatel Wireless, Inc., 9645 Scranton Road Suite 205, San
Diego, CA 92121.
Samsung Electronics Co., Ltd., Samsung Main Building, 250, Taepyeongno
2-ga, Jung-gu, Seoul 100-742, Republic of Korea.
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield
Park, NJ 07660.
Sierra Wireless, Inc., 13811 Wireless Way, Richmond, British Columbia
V6V 3A4, Canada.
Sierra Wireless America, Inc., 2200 Faraday Avenue, Suite 150,
Carlsbad, CA 92008.
ZTE Corporation, ZTE Plaza, Keji South Road, Hi & New Tech Industrial
Park, Nanshan District, Shenzhen 518057, China.
ZTE (USA) Inc., 2425 N. Central Expressway, Suite 323, Richardson, TX
75080.
(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
[[Page 51573]]
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: Tuesday, August 21, 2012.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2012-20835 Filed 8-23-12; 8:45 am]
BILLING CODE 7020-02-P