Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players, and Televisions, and Components Thereof; Institution of Investigation Pursuant to United States Code, 1247-1248 [2013-00149]

Download as PDF srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices to functional estuarine and salt marsh habitats. We may also restore a portion of the D Street Fill to salt marsh habitat. Upland buffers to be provided around portions of the restored wetlands would be planted with native upland and wetland/upland transitional vegetation. The major goals of the project are to protect, manage, enhance, and restore open water coastal wetlands and native upland to benefit native fish, wildlife, and plant species supported within the South San Diego Bay Unit and Sweetwater Marsh Unit of the San Diego Bay NWR and to provide habitat for migratory shorebirds and other saltmarsh-dependent species. The uplands portion of the project site, which is located within the City of San Diego to the west of Interstate 5 between Main Street to the north and Palm Avenue to the south, is included entirely within an area managed by the Service as a National Wildlife Refuge. The eastern portion of the uplands site is owned by the Service in fee title, while the western portion is leased to the Service by the State Lands Commission. D Street Fill is located west of Interstate 5 and south of the Sweetwater River. The Salt Ponds are located west of Interstate 5 and south of the Chula Vista Marina. In order to restore estuarine habitat in the Otay River floodplain, we have initially estimated that approximately 75 acres would need to be graded to provide both the wetland and upland components of the proposed restoration. To achieve elevations appropriate for supporting the desired estuarine habitat types, excavation of 3 to 11 feet of soil over an area of approximately 65 acres would be required, generating an estimated 750,000 to 1 million cubic yards of material. The excavated soil may be used to create estuarine and salt marsh habitats in the salt ponds, with the remainder being transported off site to an approved disposal site. The proposed wetlands would be tidally connected to San Diego Bay, directly and through the existing Otay River channel. Additional grading to potentially deepen and widen the Otay River channel from the western edge of the project site out to the mouth of the river, and potentially dredging channels in the mudflats to increase tidal circulation to the adjacent restored salt ponds, may be needed pending hydraulic modeling. At the D Street Fill, material would be excavated and removed to restore historic salt marsh. Public Comment We are furnishing this second notice in accordance with section 1501.7 of the NEPA implementing regulations, to VerDate Mar<15>2010 19:11 Jan 07, 2013 Jkt 229001 obtain suggestions and information from other agencies and the public on the scope of issues to be addressed in the EIS. The Service is currently developing a range of restoration alternatives to be analyzed in the draft EIS, and we invite written comments from interested parties to ensure identification of the full range of alternatives, issues, and concerns. Information gathered through this scoping process will assist us in developing a range of alternatives. A detailed description of the proposed action and alternatives will be included in the EIS. The EIS will also address the direct, indirect, and cumulative impacts of the alternatives on environmental resources and identify appropriate mitigation measures for adverse environmental effects. Written comments we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. In addition to providing written comments, the public is encouraged to attend a public scoping meeting to provide us with suggestions and information on the scope of issues and alternatives to consider when drafting the EIS. A public scoping meeting will be held in San Diego County, California, in early 2013. We will mail a separate announcement to the public with the exact date, time, and location of the public scoping meeting. Requests to be contacted about the scoping meeting should be directed to the contact provided under ADDRESSES above. We will accept both oral and written comments at the scoping meeting. Written comments previously provided in response to the November 2011 notice of intent and during the December 2011 scoping meeting are part of the public record and will be considered during our NEPA review. Comments submitted previously do not need to be resubmitted. NEPA Compliance We will conduct environmental review in accordance with the requirements of NEPA, as amended (42 U.S.C. 4321 et seq.), its implementing regulations (40 CFR parts 1500–1508), other applicable regulations, and our procedures for compliance with those PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 1247 regulations. We anticipate that a draft EIS will be available for public review in the winter of 2014. Alexandra Pitts, Acting Regional Director, Pacific Southwest Region. [FR Doc. 2013–00134 Filed 1–7–13; 8:45 am] BILLING CODE 4310–55–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–862] Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players, and Televisions, and Components Thereof; Institution of Investigation Pursuant to United States Code 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 November 30, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden. Letters supplementing the complaint were filed on December 3, December 12, and December 19, 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 electronic devices, including wireless communication devices, tablet computers, media players, and televisions, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,029,052 (‘‘the ‘052 patent’’); U.S. Patent No. 6,058,359 (‘‘the ‘359 patent’’); U.S. Patent No. 6,278,888 (‘‘the ‘888 patent’’); U.S. Patent No. 6,301,556 (‘‘the ‘556 patent’’); U.S. Patent No. 6,418,310 (‘‘the ‘310 patent’’); U.S. Patent No. 6,445,917 (‘‘the ‘917 patent’’); U.S. Patent No. 6,473,506 (‘‘the ‘506 patent’’); U.S. Patent No. 6,519,223 (‘‘the ‘223 patent’’); U.S. Patent No. 6,624,832 (‘‘the ‘832 patent’’); U.S. Patent No. 6,772,215 (‘‘the ‘215 patent’’); and U.S. Patent No. 8,169,992 (‘‘the ‘992 patent’’). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an SUMMARY: E:\FR\FM\08JAN1.SGM 08JAN1 srobinson on DSK4SPTVN1PROD with 1248 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Notices 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 January 2, 2013, 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 electronic devices, including wireless communication devices, tablet computers, media players, and televisions, and components thereof that infringe one or more of claims 1–3, 5, 8, 11, 13, 14, and 18 of the ‘052 patent; claims 28–33, 36, 37, 39–43, 46, 47, 50, 51, and 54 of the ‘359 patent; claim 30 of the ‘888 patent; claims 1–3, 8, 10, 19, 20, 23, 24, 26–33, 38, 40, 50, 53–55, 57, and 62–68 of the ‘556 patent; 1, 4, 6, 9– 13, and 16–20 of the ‘310 patent; claims 1, 24–26, 28, 30, and 54 of the ‘917 patent; claims 1, 4, 6, 7, 17, 20, 22, and 23 of the ‘506 patent; claims 1–3, 11–14, 19, 21, 22, and 30–32 of the ‘223 patent, claims 1, 4, 9, 10, and 12 of the ‘832 patent; claims 1, 2, 4, 6, 8, 15, 22, 25, VerDate Mar<15>2010 19:11 Jan 07, 2013 Jkt 229001 26, 29, 32, 34, 45, 46, 49, 52, and 54 of the ‘215 patent; claims 1, 3, 5–8, and 10–15 of the ‘992 patent, and whether an industry in the United States exists or is in the process of being established 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: Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024; Telefonaktiebolaget LM Ericcson, Torshamsgatan 23, Kista, 164 83 Stockholm, Sweden. (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: Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, NJ 07660. Samsung Telecommunications America LLC, 1301 East Lookout Drive, Richardson, TX 75082. Samsung Electronics Co., Ltd., Samsung Electronics Building, 1320–10, Seocho 2-dong, Seocho-gu, Seoul 137–857, Republic of Korea. (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 CFR201.16(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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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: January 3, 2013. By order of the Commission. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2013–00149 Filed 1–7–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–812] Certain Computing Devices With Associated Instruction Sets and Software; Notice of Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate This Investigation Based on a Settlement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 18) granting a joint motion to terminate this investigation based on a settlement. The investigation is hereby terminated. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3065. 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 SUMMARY: E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1247-1248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00149]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-862]


Certain Electronic Devices, Including Wireless Communication 
Devices, Tablet Computers, Media Players, and Televisions, and 
Components Thereof; Institution of Investigation Pursuant to United 
States Code

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 November 30, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of 
Stockholm, Sweden. Letters supplementing the complaint were filed on 
December 3, December 12, and December 19, 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 electronic devices, including wireless 
communication devices, tablet computers, media players, and 
televisions, and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 6,029,052 (``the `052 patent''); U.S. 
Patent No. 6,058,359 (``the `359 patent''); U.S. Patent No. 6,278,888 
(``the `888 patent''); U.S. Patent No. 6,301,556 (``the `556 patent''); 
U.S. Patent No. 6,418,310 (``the `310 patent''); U.S. Patent No. 
6,445,917 (``the `917 patent''); U.S. Patent No. 6,473,506 (``the `506 
patent''); U.S. Patent No. 6,519,223 (``the `223 patent''); U.S. Patent 
No. 6,624,832 (``the `832 patent''); U.S. Patent No. 6,772,215 (``the 
`215 patent''); and U.S. Patent No. 8,169,992 (``the `992 patent''). 
The complaint further alleges that an industry in the United States 
exists or is in the process of being established as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an

[[Page 1248]]

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 January 2, 2013, 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 electronic 
devices, including wireless communication devices, tablet computers, 
media players, and televisions, and components thereof that infringe 
one or more of claims 1-3, 5, 8, 11, 13, 14, and 18 of the `052 patent; 
claims 28-33, 36, 37, 39-43, 46, 47, 50, 51, and 54 of the `359 patent; 
claim 30 of the `888 patent; claims 1-3, 8, 10, 19, 20, 23, 24, 26-33, 
38, 40, 50, 53-55, 57, and 62-68 of the `556 patent; 1, 4, 6, 9-13, and 
16-20 of the `310 patent; claims 1, 24-26, 28, 30, and 54 of the `917 
patent; claims 1, 4, 6, 7, 17, 20, 22, and 23 of the `506 patent; 
claims 1-3, 11-14, 19, 21, 22, and 30-32 of the `223 patent, claims 1, 
4, 9, 10, and 12 of the `832 patent; claims 1, 2, 4, 6, 8, 15, 22, 25, 
26, 29, 32, 34, 45, 46, 49, 52, and 54 of the `215 patent; claims 1, 3, 
5-8, and 10-15 of the `992 patent, and whether an industry in the 
United States exists or is in the process of being established 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:

Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024;
Telefonaktiebolaget LM Ericcson, Torshamsgatan 23, Kista, 164 83 
Stockholm, Sweden.

    (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:

Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, 
NJ 07660.
Samsung Telecommunications America LLC, 1301 East Lookout Drive, 
Richardson, TX 75082.
Samsung Electronics Co., Ltd., Samsung Electronics Building, 1320-10, 
Seocho 2-dong, Seocho-gu, Seoul 137-857, Republic of Korea.

    (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 CFR201.16(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: January 3, 2013.

    By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-00149 Filed 1-7-13; 8:45 am]
BILLING CODE 7020-02-P