Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers, and Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337, 58576-58577 [2012-23328]

Download as PDF 58576 Federal Register / Vol. 77, No. 184 / Friday, September 21, 2012 / Notices The survey was requested by the Eastern States Jackson Field Office of the Bureau of Land Management. The lands surveyed are: SUPPLEMENTARY INFORMATION: Tallahassee Meridian, Florida T. 16 and 17 S., R. 34 E. The plat of survey represents the dependent resurvey of a portion of the South Boundary, a portion of the subdivisional lines, the surveys of a tract of land for the United States Coast Guard, and a tract of land for the National Aeronautics and Space Administration, in Section 32, and a tract of land for Volusia Country, in Sections 32 and 33, in Townships 16 and 17 South, Range 34 East, in the State of Florida, and was accepted August 24, 2012. We will place a copy of the plat we described in the open files. It will be available to the public as a matter of information. If BLM receives a protest against the survey, as shown on the plat, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file the plat until the day after we have accepted or dismissed all protests and they have become final, including decisions on appeals. Dominica Van Koten, Chief Cadastral Surveyor. [FR Doc. 2012–23293 Filed 9–20–12; 8:45 am] BILLING CODE 4310–GJ–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–856] Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers, 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 August 17, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Motorola Mobility LLC of Libertyville, Illinois; Motorola Mobility Ireland of Bermuda; and Motorola Mobility International Limited of Bermuda. A letter supplementing the complaint was filed on September 6, 2012. The complaint pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:05 Sep 20, 2012 Jkt 226001 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 communication devices, portable music and data processing devices, computers, and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,883,580 (‘‘the ’580 patent’’); U.S. Patent No. 5,922,047 (‘‘the ’047 patent’’); U.S. Patent No. 6,425,002 (‘‘the ’002 patent’’); U.S. Patent No. 6,493,673 (‘‘the ’673 patent’’); U.S. Patent No. 6,983,370 (‘‘the ’370 patent’’); U.S. Patent No. 7,007,064 (‘‘the ’064 patent’’); and U.S. Patent No. 7,383,983 (‘‘the ’983 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 a cease and desist order. 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 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 September 14, 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 communication devices, portable music and data processing devices, computers, and components thereof that infringe one or more of claims 1–3, 10–11, 13, and 15 of the ’580 patent; claims 17 and 18 of the ’047 patent; claims 1, 5, 6, and 11 of the ’002 patent; claims 1, 9–11, and 50 of the ’673 patent; claims 50–52 and 54 of the ’370 patent; claims 1, 2, 5–7, and 9–13 of the ’064 patent; and claims 1–4, 9, 12–14, 25–26, 31, 33–35, 37, 39, and 40 of the ’983 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: Motorola Mobility LLC, 600 North US Highway 45, Libertyville, IL 60048; Motorola Mobility Ireland, Clarendon House, 2 Church Street, Hamilton HMCX, Bermuda; Motorola Mobility International Limited, Clarendon House, 2 Church Street, Hamilton, HM11, Bermuda. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Apple 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 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 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 the respondent to file a timely response to each allegation in the complaint and in this notice may be E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 77, No. 184 / Friday, September 21, 2012 / Notices 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: September 18, 2012. Lisa R. Barton, Acting Secretary to the Commission. unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. [FR Doc. 2012–23328 Filed 9–20–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–770] Certain Video Game Systems and Wireless Controllers and Components Thereof; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the abovecaptioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order and a cease and desist order against certain video game systems and wireless controllers and components thereof, imported by respondent Nintendo Co., Ltd., of Kyoto, Japan and Nintendo America, Inc. of Redmond, Washington (collectively, ‘‘Nintendo’’). SUMMARY: Jia Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–4737. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at http:// 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. pmangrum on DSK3VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 15:05 Sep 20, 2012 Jkt 226001 General information concerning the Commission may also be obtained by accessing its Internet server (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. 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: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: 19 U.S.C. 1337(d)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge’s Recommended Determination on Remedy and Bonding issued in this investigation on August 31, 2012. Comments should address whether issuance of a limited exclusion order 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 recommended orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the recommended 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 recommended exclusion order and/or a cease and desist order within a commercially reasonable time; and PO 00000 Frm 00068 Fmt 4703 Sfmt 9990 58577 (v) Explain how the limited exclusion order would impact consumers in the United States. Written submissions must be filed no later than by close of business on October 10, 2012. 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 investigation number (‘‘Inv. No. 337–TA–786’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://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. A redacted nonconfidential version of the document must also be filed simultaneously with the any confidential filing. 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 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.50). Issued: September 17, 2012. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–23274 Filed 9–20–12; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Pages 58576-58577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23328]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-856]


Certain Wireless Communication Devices, Portable Music and Data 
Processing Devices, Computers, and Components Thereof; Institution of 
Investigation Pursuant to 19 U.S.C. 1337

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 August 17, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Motorola Mobility LLC of Libertyville, Illinois; Motorola Mobility 
Ireland of Bermuda; and Motorola Mobility International Limited of 
Bermuda. A letter supplementing the complaint was filed on September 6, 
2012. 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 
communication devices, portable music and data processing devices, 
computers, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 5,883,580 (``the '580 patent''); U.S. Patent 
No. 5,922,047 (``the '047 patent''); U.S. Patent No. 6,425,002 (``the 
'002 patent''); U.S. Patent No. 6,493,673 (``the '673 patent''); U.S. 
Patent No. 6,983,370 (``the '370 patent''); U.S. Patent No. 7,007,064 
(``the '064 patent''); and U.S. Patent No. 7,383,983 (``the '983 
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 a cease and desist order.

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 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 September 14, 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 
communication devices, portable music and data processing devices, 
computers, and components thereof that infringe one or more of claims 
1-3, 10-11, 13, and 15 of the '580 patent; claims 17 and 18 of the '047 
patent; claims 1, 5, 6, and 11 of the '002 patent; claims 1, 9-11, and 
50 of the '673 patent; claims 50-52 and 54 of the '370 patent; claims 
1, 2, 5-7, and 9-13 of the '064 patent; and claims 1-4, 9, 12-14, 25-
26, 31, 33-35, 37, 39, and 40 of the '983 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:

Motorola Mobility LLC, 600 North US Highway 45, Libertyville, IL 60048;
Motorola Mobility Ireland, Clarendon House, 2 Church Street, Hamilton 
HMCX, Bermuda;
Motorola Mobility International Limited, Clarendon House, 2 Church 
Street, Hamilton, HM11, Bermuda.

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Apple 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 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 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 the respondent to file a timely response to each 
allegation in the complaint and in this notice may be

[[Page 58577]]

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: September 18, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-23328 Filed 9-20-12; 8:45 am]
BILLING CODE 7020-02-P