Certain Wireless Communications Base Stations and Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337, 13895-13896 [2013-04764]
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Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–839]
Certain Consumer Electronics,
Including Mobile Phones and Tablets;
Commission Determination Not To
Review an Initial Determination
Granting a Joint Motion To Terminate
the HTC Respondents From the
Investigation; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘the Commission’’) has
determined not to review an initial
determination (‘‘ID’’) (Order No. 35)
issued by the presiding administrative
law judge (‘‘ALJ’’) in the abovecaptioned investigation terminating the
last respondents.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3115. 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
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 April 24,
2012, based on a complaint filed by
Pragmatus AV, LLC of Alexandria,
Virginia alleging a violation of section
337 in the importation, sale for
importation, or sale within the United
States after importation of certain
consumer electronics, including mobile
phones and tablets, by reason of
infringement of certain claims of U.S.
Patent Nos. 5,854,893; 6,237,025;
7,054,904; 7,185,054; and 7,206,809. 77
FR 24514 (Apr. 24, 2012). The
Commission named ASUSTeK
Computer, Inc. of Taipei City, Taiwan,
ASUS Computer International, Inc. of
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SUMMARY:
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Fremont, California; HTC Corporation of
Taoyuan, Taiwan, HTC America, Inc. of
Bellevue, Washington (collectively,
‘‘HTC’’); LG Electronics, Inc. of Seoul,
Republic of Korea, LG Electronics
U.S.A., Inc. of Englewood Cliffs, New
Jersey, LG Electronics MobileComm
U.S.A., Inc. of San Diego, California;
Pantech Co., Ltd. of Seoul, Republic of
Korea, Pantech Wireless, Inc. of Atlanta,
Georgia; Research In Motion Ltd. of
Ontario, Canada and Research In Motion
Corp. of Irving, Texas; Samsung
Electronics Co., Ltd of Seoul, Republic
of Korea, Samsung Electronics America,
Inc. of Ridgefield Park, New Jersey, and
Samsung Telecommunications America,
L.L.C. of Richardson, Texas as
respondents. Id. The Commission’s
Office of Unfair Import Investigations
(‘‘OUII’’) is also a party in this
investigation. Id. Subsequently, all
respondents other than HTC were
terminated from the investigation based
on settlement agreements.
On January 22, 2013, complainant and
the HTC respondents filed a joint
motion to terminate HTC from the
investigation based on a settlement. The
OUII supported the motion.
On February 4, 2013, the ALJ issued
an ID (Order No. 35) granting the
motion. The ALJ found that termination
of the investigation based on settlement
was in the public interest. No party
petitioned for review of the ID, and the
Commission has determined not to
review it. The investigation has been
terminated.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in
sections 210.21 and 210.42(h) of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.21, 210.42(h).
By order of the Commission.
Issued: February 22, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–04761 Filed 2–28–13; 8:45 am]
BILLING CODE 7020–02–P
[Investigation No. 337–TA–871]
Certain Wireless Communications
Base Stations and Components
Thereof; Institution of Investigation
Pursuant to 19 U.S.C. 1337
U.S. International Trade
Commission.
ACTION: Notice.
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Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
January 24, 2013, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Adaptix, Inc.
of Carrolton, Texas. 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
communications base stations and
components thereof by reason of
infringement of U.S. Patent No.
6,870,808 (‘‘the ’808 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337.
The complainant requests 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,
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).
INTERNATIONAL TRADE
COMMISSION
AGENCY:
13895
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
February 22, 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
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13896
Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Notices
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
communications base stations and
components thereof by reason of
infringement of one or more of claims 1,
2, 4, 9, 13–16, 20, 21, 31, 32, 34, and 41
of the ’808 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 complainant is: Adaptix, Inc.,
4100 Midway Road, Suite 2010,
Carrolton, TX 75007.
(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:
Telefonaktiebolaget LM Ericsson,
Torshamnsgatan 23, Kista, 164 83
Stockholm, Sweden.
Ericsson Inc., 6300 Legacy Drive, Plano,
TX 75024.
(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),
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.
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16:40 Feb 28, 2013
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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: February 25, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–04764 Filed 2–28–13; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Connected Media
Experience, Inc.
Notice is hereby given that, on
February 5, 2013, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
Connected Media Experience, Inc.
(‘‘CMX’’) filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Omediae, LLC a.k.a
Pypeline, Kapaa, HI, has withdrawn as
a party to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and CMX intends
to file additional written notifications
disclosing all changes in membership.
On March 12, 2010, CMX filed its
original notification pursuant to Section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to Section 6(b) of the
Act on April 16, 2010 (75 FR 20003).
The last notification was filed with
the Department on November 23, 2012.
A notice was published in the Federal
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Fmt 4703
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Register pursuant to Section 6(b) of the
Act on December 19, 2012 (77 FR
75190).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2013–04729 Filed 2–28–13; 8:45 am]
BILLING CODE 4410–11–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Robotics Technology
Consortium, Inc.
Notice is hereby given that, on
February 5, 2013, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
Robotics Technology Consortium, Inc.
(‘‘RTC’’) has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, AM General LLC, Livonia,
MI; Auburn University, Auburn, AL;
DRS Sustainment Systems, Inc., St.
Louis, MO; Eurisko Institute LLC,
Monticello, FL; Humanistic Robotics,
Inc., Philadelphia, PA; Polaris Sales,
Inc., Medina, MN; TDC Acquisition
Holdings, Inc., Huntsville, AL; Tech
Wise, Colorado Springs, CO; University
of Arizona, Tuscon, AZ; University of
Texas at Arlington (Research Institute),
Fort Worth, TX; and Whitney, Bradley
& Brown, Inc., Reston, VA, have been
added as parties to this venture.
Also, Butterfly Haptics, LLC,
Pittsburgh, PA; EmergentViews, Inc.,
San Francisco, CA; International
Computer Science Institute, Berkley,
CA; L–3 Services Inc., Burlington, MA;
National Robotics Training Center
(NRTC) Florence Darlington Technical
College, Florence, SC; Neptec USA Inc.,
Houston, TX; Northwest UAV
Propulsion Systems, McMinnville, OR;
rChordata, LLC, Charlotte, NC; Sky
Research, Inc., Etna, NH; and TYZX,
Inc., Menlo Park, CA, have withdrawn
as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and RTC intends
to file additional written notifications
disclosing all changes in membership.
E:\FR\FM\01MRN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Pages 13895-13896]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04764]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-871]
Certain Wireless Communications Base Stations 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 January 24, 2013, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Adaptix, Inc. of Carrolton, Texas. 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 communications base stations and
components thereof by reason of infringement of U.S. Patent No.
6,870,808 (``the '808 patent''). The complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainant requests 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 February 22, 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
[[Page 13896]]
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 communications
base stations and components thereof by reason of infringement of one
or more of claims 1, 2, 4, 9, 13-16, 20, 21, 31, 32, 34, and 41 of the
'808 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 complainant is: Adaptix, Inc., 4100 Midway Road, Suite
2010, Carrolton, TX 75007.
(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:
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 23, Kista, 164 83
Stockholm, Sweden.
Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024.
(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), 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: February 25, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-04764 Filed 2-28-13; 8:45 am]
BILLING CODE 7020-02-P
