Certain Kinesiotherapy Devices and Components Thereof; Notice of Request for Statements on the Public Interest, 6836-6837 [2013-02059]
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Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Notices
this notice of investigation shall be
served:
(a) The complainants are:
Nuance Communications, Inc., 1
Wayside Road, Burlington,
Massachusetts 01803;
Swype, Inc., 1 Wayside Road,
Burlington, Massachusetts 01803;
Tegic Communications, Inc., 1 Wayside
Road, Burlington, Massachusetts
01803;
ZI Corporation of Canada, Inc., 1
Wayside Road, Burlington,
Massachusetts 01803.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the amended complaint is to be
served:
Shanghai HanXiang (CooTek)
Information, Technology Co., Ltd.,
1023, Bldg. 2, 555 Dongchuan Rd.
Shanghai, Shanghai 200241 China;
Personal Communications Devices, LLC,
555 Wireless Boulevard, Hauppauge,
NY 11788.
(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 amended 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 amended
complaint and the notice of
investigation. Extensions of time for
submitting responses to the amended
complaint and the notice of
investigation will not be granted unless
good cause therefore is shown.
Failure of a respondent to file a timely
response to each allegation in the
amended complaint and in this notice
may be deemed to constitute a waiver of
the right to appear and contest the
allegations of the amended 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 amended 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
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17:38 Jan 30, 2013
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order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: January 25, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–02061 Filed 1–30–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–823]
Certain Kinesiotherapy Devices 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 Bond in the abovecaptioned investigation. The
Commission is soliciting comments on
public interest issues raised by the
recommended relief, specifically a
general exclusion order.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Acting Secretary to the
Commission, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2000. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://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.
General information concerning the
Commission may also be obtained by
accessing its Internet server (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. 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:
SUMMARY:
unless, after considering the effect of such
exclusion upon the public health and
welfare, competitive conditions in the United
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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.
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 Bond issued in this
investigation on January 22, 2013.
Although the administrative law judge’s
final initial determination did not find
a violation of section 337, he issued a
Recommended Determination on
Remedy and Bond should the
Commission find a violation of section
337.
Comments should address whether
issuance of an 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 order;
(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 within a commercially
reasonable time; and
(v) Explain how the exclusion order
would impact consumers in the United
States.
Written submissions must be filed no
later than by close of business on
February 28, 2012.
Persons filing written submissions
must file the original document
electronically on or before the deadline
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
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31JAN1
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Notices
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–823’’) 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. 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: January 25, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–02059 Filed 1–30–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–866]
Certain Wireless Communications
Equipment and Articles Therein;
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
December 21, 2012, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. § 1337, on behalf of Samsung
Electronics Co., Ltd., Seoul, Republic of
Korea and Samsung
Telecommunications America, LLC of
Richardson, Texas. A letter
supplementing the complaint was filed
on January 10, 2013. The complaint
alleges violations of section 337 based
srobinson on DSK4SPTVN1PROD with
SUMMARY:
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17:38 Jan 30, 2013
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upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain wireless
communications equipment and articles
therein by reason of infringement of
U.S. Patent No. 7,782,749 (‘‘the ‘749
patent’’); U.S. Patent No. 8,165,081 (‘‘the
‘081 patent’’); U.S. Patent No. 8,208,438
(‘‘the ‘438 patent’’); U.S. Patent No.
8,228,827 (‘‘the ‘827 patent’’); U.S.
Patent No. 6,617,929 (‘‘the ‘929 patent’’);
U.S. Patent No. 6,767,813 (‘‘the ‘813
patent’’); U.S. Patent No. 6,865,682 (‘‘the
‘682 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
exclusion order and cease and desist
orders.
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.
ADDRESSES:
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 24, 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
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Sfmt 4703
6837
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
communications equipment and articles
therein by reason of infringement of one
or more of claims 1–13 of the ‘749
patent; claims 1, 4, 9, and 12 of the ‘081
patent; claims 1–14 of the ‘438 patent;
claims 1–8 of the ‘827 patent; claims 1–
8 of the ‘929 patent; claims 1–3, 5–12,
and 14–23 of the ‘813 patent; and claims
1, 2, 4, and 8 of the ‘682 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:
Samsung Electronics Co., Ltd., Samsung
Main Building, 250, Taepyung-ro 2ka, Chung-ku, Seoul 100–742,
Republic of Korea.
Samsung Telecommunications America,
LLC, 1301 East Lookout Drive,
Richardson, TX 75082.
(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:
Ericsson Inc., 6300 Legacy Drive, Plano,
TX 75024.
Telefonaktiebolaget LM Ericsson,
Torshamnsgatan 23, Kista,
Stockholm, Sweden 164 83.
(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 CFR 201.16(d)–(e) and 210.13(a),
E:\FR\FM\31JAN1.SGM
31JAN1
]]>Agencies
[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6836-6837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02059]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-823]
Certain Kinesiotherapy Devices and Components Thereof; Notice of
Request for Statements on the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the presiding administrative law
judge has issued a Final Initial Determination and Recommended
Determination on Remedy and Bond in the above-captioned investigation.
The Commission is soliciting comments on public interest issues raised
by the recommended relief, specifically a general exclusion order.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Acting Secretary to
the Commission, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2000. The public version of
the complaint can be accessed on the Commission's electronic docket
(EDIS) at https://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.
General information concerning the Commission may also be obtained
by accessing its Internet server (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: 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:
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.
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 Bond issued in this investigation on January 22, 2013.
Although the administrative law judge's final initial determination did
not find a violation of section 337, he issued a Recommended
Determination on Remedy and Bond should the Commission find a violation
of section 337.
Comments should address whether issuance of an 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 order;
(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 within
a commercially reasonable time; and
(v) Explain how the exclusion order would impact consumers in the
United States.
Written submissions must be filed no later than by close of
business on February 28, 2012.
Persons filing written submissions must file the original document
electronically on or before the deadline 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
[[Page 6837]]
210.4(f)). Submissions should refer to the investigation number (``Inv.
No. 337-TA-823'') 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. A
redacted non-confidential version of the document must also be filed
simultaneously with the any confidential filing. All non-confidential
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: January 25, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-02059 Filed 1-30-13; 8:45 am]
BILLING CODE 7020-02-P
