Certain Mobile Handset Devices and Related Touch Keyboard Software; Institution of Investigation, 6835-6836 [2013-02061]

Download as PDF srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Notices (a) The complainant is: Speculative Product Design, LLC, 303 Bryant Street, Mountain View, CA 94041. (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: En Jinn Industrial Co. Ltd., No. 5 Wu Chan 3rd Rd., Wu Ku Industrial Zone, New Taipei City, Taiwan. Shengda Huanqiu Shijie, North Kao Ku Digital Building, 1st Floor, Futian District, Shenzhen Huaqianq, C051, Shenzhen, China. Global Digital Star Industry, Ltd., 22F, Hong Ling Building, Hong Ling South Road, Futian District, Shenzhen City 518112, China. JWIN Electronics Corp., dba iLuv, 2 Harbor Park Drive, Port Washington, NY 11050. Project Horizon, Inc., dba InMotion Entertainment, 4801 Executive Park Court, Suite 100, Jacksonville, FL 32216. Superior Communications, Inc., dba PureGear, 5027 Irwindale Avenue, Suite 900, Irwindale, CA 91706. Jie Sheng Technology, No. 2, Lane 92, Chen Nan 1 St., Tainan City 710, Taiwan. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) This investigation is consolidated with Investigation No. 337–TA–861, currently pending before the Honorable Thomas B. Pender, Administrative Law Judge, U.S. International Trade Commission; and (4) For the consolidated investigation so instituted, the Honorable Charles E. Bullock, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge, who may adjust the target date and procedural schedule of the consolidated investigation as necessary to avoid prejudice to the rights of the parties. 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 VerDate Mar<15>2010 17:38 Jan 30, 2013 Jkt 229001 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 25, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–02066 Filed 1–30–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–864] Certain Mobile Handset Devices and Related Touch Keyboard Software; 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 20, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Nuance Communications, Inc. of Burlington, Massachusetts. An amended complaint was filed on January 11, 2013 on behalf of Nuance Communications, Inc.; Swype, Inc.; Tegic Communications, Inc.; and ZI Corporation, all of Burlington, Massachusetts. A supplement to the amended complaint was filed on January 16, 2013. The amended 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 mobile handset devices and related touch keyboard software by reason of infringement of certain claims of U.S. Patent No. 7,750,891 (‘‘the ’891 patent’’); U.S. Patent No. 7,453,439 (‘‘the ’439 patent’’); U.S. Patent No. 7,098,896 (‘‘the ’896 patent’’); U.S. Patent No. 7,075,520 (‘‘the ’520 patent’’); and U.S. Patent No. 6,286,064 (‘‘the ’064 patent’’). The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 6835 The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. 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. 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. ADDRESSES: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. FOR FURTHER INFORMATION CONTACT: 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 amended 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 section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain mobile handset devices and related touch keyboard software that infringe one or more of claims 36, 47, 50–52, and 55–57 of the ’891 patent; claims 1–7 and 12–55 of the ’439 patent; claims 1–3, 5–12, 17, and 19–51 of the ’896 patent; claims 1, 8, 9, 12–16, and 19–21 of the ’520 patent; and claims 1–4, 22–24, and 26 of the ’064 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 E:\FR\FM\31JAN1.SGM 31JAN1 srobinson on DSK4SPTVN1PROD with 6836 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 VerDate Mar<15>2010 17:38 Jan 30, 2013 Jkt 229001 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 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. 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: SUMMARY: unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6835-6836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02061]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-864]


Certain Mobile Handset Devices and Related Touch Keyboard 
Software; Institution of Investigation

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 December 20, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Nuance Communications, Inc. of Burlington, Massachusetts. An amended 
complaint was filed on January 11, 2013 on behalf of Nuance 
Communications, Inc.; Swype, Inc.; Tegic Communications, Inc.; and ZI 
Corporation, all of Burlington, Massachusetts. A supplement to the 
amended complaint was filed on January 16, 2013. The amended 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 mobile handset devices and related 
touch keyboard software by reason of infringement of certain claims of 
U.S. Patent No. 7,750,891 (``the '891 patent''); U.S. Patent No. 
7,453,439 (``the '439 patent''); U.S. Patent No. 7,098,896 (``the '896 
patent''); U.S. Patent No. 7,075,520 (``the '520 patent''); and U.S. 
Patent No. 6,286,064 (``the '064 patent''). The amended 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 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. 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 amended 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 section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain mobile 
handset devices and related touch keyboard software that infringe one 
or more of claims 36, 47, 50-52, and 55-57 of the '891 patent; claims 
1-7 and 12-55 of the '439 patent; claims 1-3, 5-12, 17, and 19-51 of 
the '896 patent; claims 1, 8, 9, 12-16, and 19-21 of the '520 patent; 
and claims 1-4, 22-24, and 26 of the '064 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

[[Page 6836]]

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 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