Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers; Investigations: Terminations, Modifications and Rulings, 16865-16867 [2013-06252]

Download as PDF Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Notices 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 OMB in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done. Dated: March 7, 2013. Leslie Holland-Bartels, USGS Regional Executive, Alaska Area. [FR Doc. 2013–06268 Filed 3–18–13; 8:45 am] BILLING CODE 4311–AM–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLAZ910000.L12100000. XP0000LXSS150A00006100.241A] State of Arizona Resource Advisory Council Meetings Bureau of Land Management, Interior. ACTION: Notice of Public Meetings. AGENCY: In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM), Arizona Resource Advisory Council (RAC) will meet in Phoenix, Arizona, as indicated below. DATES: The RAC will meet on April 30 for the Recreation and Communities Working Group meeting from 1 to 5:00 p.m. and May 1 for the Business meeting from 8 a.m. to 4:30 p.m. ADDRESSES: The meetings will be held at the BLM National Training Center located at 9828 North 31st Avenue, Phoenix, Arizona 85051. FOR FURTHER INFORMATION CONTACT: Dorothea Boothe, Arizona RAC Coordinator at the Bureau of Land Management, Arizona State Office, One North Central Avenue, Suite 800, Phoenix, Arizona 85004–4427, 602– 417–9504. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The 15member Council advises the Secretary of the Interior, through the BLM, on a variety of planning and management tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:00 Mar 18, 2013 Jkt 229001 issues associated with public land management in Arizona. Planned agenda items include: A welcome and introduction of Council members; BLM State Director’s update on BLM programs and issues; updates on the Kaibab Vermilion Cliffs Heritage Alliance Archeological Program; Introduction to Partnership Initiative and the Sonoran Landscape Pilot— Recreational Target Shooting; report by the Recreation and Communities Working Group; Recreation RAC recommendations to the U.S. Forest Service Supervisor on the 9th Circuit Court Mount Lemmon Settlement Agreement; RAC questions on BLM District Managers’ Reports; and other items of interest to the RAC. Members of the public are welcome to attend the Working Group and Business meetings. A public comment period is scheduled on the day of the Business meeting from 11 a.m. to 11:30 a.m. and again from 1:30 p.m. to 2 p.m. during the Recreation RAC Session for any interested members of the public who wish to address the Council on BLM or Forest Service recreation fee programs and business. Depending on the number of persons wishing to speak and time available, the time for individual comments may be limited. Written comments may also be submitted during the meeting for the RAC’s or the Recreation Resource Advisory Council’s (RRAC) consideration. Final meeting agendas will be available two weeks prior to the meetings and posted on the BLM Web site at: http://www.blm.gov/ az/st/en/res/rac.html. Individuals who need special assistance, such as sign language interpretation or other reasonable accommodations, should contact the RAC Coordinator listed above no later than two weeks before the start of the meeting. Under the Federal Lands Recreation Enhancement Act, the RAC has been designated as the RRAC and has the authority to review all BLM and Forest Service recreation fee proposals in Arizona. The RRAC will not review any recreation fee proposals at this meeting. Deborah K. Rawhouser, Associate State Director. [FR Doc. 2013–06197 Filed 3–18–13; 8:45 am] BILLING CODE 4310–32–P PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 16865 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–794] Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers; Investigations: Terminations, Modifications and Rulings U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to extend the target date for completion of the investigation until May 31, 2013. The Commission requests additional written submissions from the parties and from the public on the issues indicated in this notice. FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–2661. 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 (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. 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: The Commission instituted this investigation on August 1, 2011, based on a complaint filed by Samsung Electronics Co., Ltd. of Seoul, Republic of Korea, and Samsung Telecommunications America, LLC of Richardson, Texas (collectively, ‘‘Samsung’’). 76 FR 45860 (Aug. 1, 2011). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in 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, portable music and data processing devices, and tablet computers, by reason of infringement of various patents, SUMMARY: E:\FR\FM\19MRN1.SGM 19MRN1 tkelley on DSK3SPTVN1PROD with NOTICES 16866 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Notices including U.S. Patent Nos. 7,706,348 (‘‘the ’348 patent’’), 7,486,644 (‘‘the ’644 patent’’), 7,450,114 (‘‘the ’114 patent’’), and 6,771,980 (‘‘the ’980 patent’’). The notice of investigation names Apple Inc. of Cupertino, California (‘‘Apple’’), as the only respondent. On September 14, 2012, the presiding administrative law judge (‘‘ALJ’’) issued his final initial determination (‘‘ID’’) in this investigation finding no violation of section 337. The ALJ determined that the ’348, ’644, and ’980 patents are valid but not infringed and that the ’114 patent is both invalid and not infringed. The ALJ further determined that the economic prong of the domestic industry requirement is satisfied for all four patents at issue, but that the technical prong is not satisfied for any of the asserted patents. On November 19, 2012, the Commission determined to review the ID in its entirety and issued a notice requesting written submissions from the parties and from the public on certain patent issues, on the assertion of FRAND-encumbered patents at the Commission, and on the issues of remedy, the public interest, and bonding. 77 FR 70464. The Commission received written submissions from the parties and from the public in response to the notice. The Commission has determined to seek additional information on the potential effect on the public interest, as identified in 19 U.S.C. 1337(d)(1) and (f)(1), if the Commission were to order remedies against articles alleged by Samsung to infringe claims 75, 76, and 82–84 of the ’348 patent. (A dissenting memorandum from Commissioner Aranoff can be found on EDIS under Inv. No. 337–TA–794.) Parties to the investigation, interested government agencies, the Office of Unfair Import Investigations, and any other interested persons are encouraged to file written submissions on the following issues, with reference to the applicable law, the existing evidentiary record, and if necessary, additional sworn testimony or expert declarations: 1. How would remedial orders barring the entry and further distribution of the Apple articles alleged to infringe the asserted claims of the ’348 patent affect the public interest, as identified in 19 U.S.C. 1337(d)(1) and (f)(1)? The Commission is particularly interested in the effect on the public interest with respect to (a) the percentage of the total number of imported mobile telephone handsets that would be affected by such orders, (b) the percentage of the total number of imported cellular-networkenabled tablets that would be affected by such orders, and (c) the qualitative VerDate Mar<15>2010 17:00 Mar 18, 2013 Jkt 229001 impact of exclusion of such handsets and tablets. The Commission is also interested in any other relevant market information bearing on the four statutory public interest factors. In addressing these issues, the Commission requests that submitters avoid discussing issues related to standardssetting organizations, as the record concerning those issues has been well developed. 2. What third, fourth, and later generation products (if any) are currently available in the U.S. market that are authorized by Samsung to utilize the technology covered by the asserted claims of the ’348 patent? Are these products acceptable substitutes for the accused iPhones and iPads and are they widely viewed to be acceptable substitutes for the accused iPhones and iPads? 3. In what ways, if any, should a remedy with respect to infringement of the ’348 patent be specifically tailored to avoid harm to the public interest, as identified in 19 U.S.C. 1337(d)(1) and (f)(1)? In addressing this issue, the Commission requests that submitters avoid discussing issues related to standards-setting organizations, as the record concerning those issues has been well developed. In addition to the foregoing, the parties to the investigation are requested to brief their positions on the following issues, with reference to the applicable law, the existing evidentiary record, and if necessary, additional sworn testimony or expert declarations: 4. With respect to the ’348 patent, Samsung’s infringement case before the Commission relied upon accused third and fourth generation Apple products that operate on the AT&T wireless network. If the Commission were to issue remedial orders covering articles covered by the asserted claims of the ’348 patent, would such an order cover (a) Apple products that operate on other wireless networks in the United States, and (b) later generation Apple products (e.g., iPhone 5, later iPad versions)? 5. Please summarize the history to date of negotiations between Samsung and Apple concerning any potential license to the ’348 patent, either alone or in conjunction with other patents. Please provide copies of all written offers and counteroffers concerning a license that would cover the ’348 patent, whether made by Samsung or Apple. 6. Please summarize all licenses to the ’348 patent granted by Samsung to any entity. Please provide copies of, or cite to their location in the record of this investigation, all agreements wherein Samsung grants any entity a license to the ’348 patent. PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 7. Samsung and Apple are each requested to submit specific licensing terms for the ’348 patent that each believes are fair, reasonable, and nondiscriminatory. Would Samsung’s terms change if the Commission were to enter remedial orders against Apple’s products accused in this investigation? If so, please explain whether such an offer would be fair, reasonable, and nondiscriminatory. 8. Which factors in Georgia-Pacific Corp. v. United States Plywood Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970) are most relevant to determining whether Samsung has offered to license the ’348 patent to Apple on fair, reasonable, and non-discriminatory terms? Please apply any relevant Georgia-Pacific factors to Samsung’s offer(s) to license the ’348 patent to Apple. This analysis should include a comparison of Samsung’s licensing offers to a hypothetical negotiation between the parties prior to adoption of the ’348 patent into the standard at issue here. What other factors, if any, are relevant in determining whether Samsung has made a fair, reasonable, and nondiscriminatory offer? The Commission has invited briefing on only the discrete issues enumerated above. Other issues on review are adequately presented in existing filings. Written Submissions: Written submissions in response to this notice must be filed no later than close of business on April 3, 2013. Initial submissions, not including any attachments, expert declarations, or exhibits, are limited to 50 pages for parties and 25 pages for non-parties. Reply submissions must be filed no later than the close of business on April 10, 2013. Reply submissions, not including any attachments, expert declarations, or exhibits, are limited to 35 pages for parties and 20 pages for non-parties. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. 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–794’’) 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 E:\FR\FM\19MRN1.SGM 19MRN1 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Notices 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. 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 Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). Issued: March 13, 2013. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–06252 Filed 3–18–13; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1121–0270] Agency Information Collection Activities; Extension of a Currently Approved Collection; Comments Requested: Bureau of Justice Assistance Application Form: Southwest Border Prosecution Initiative tkelley on DSK3SPTVN1PROD with NOTICES ACTION: 30-Day notice. The Department of Justice (DOJ), Office of Justice Programs (OJP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed collection information is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register, Volume 78, Number 9, page 2692, on January 14, 2013, allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment untilApril 18, 2013. This process is conducted in accordance with 5 CFR 1320.10. VerDate Mar<15>2010 17:00 Mar 18, 2013 Jkt 229001 Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, Washington, DC 20530. Additionally, comments may be submitted to OMB via facsimile to (202) 395–7285. Comments may also be submitted to M. Berry, Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, 810 7th Street NW., Washington, DC, 20531 via email at M.A.Berry@ojp.usdoj.gov or by facsimile at (202) 305–1367. Written comments and/or suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This information (1) Type of information collection: (2) The title of the form/collection: Bureau of Justice Assistance Application Form for the Southwest Border Prosecution Initiative. (3) The agency form number, if any and the applicable component of the Department sponsoring the collection: None. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local or Tribal government. Other: None. Abstract: The Southwest Border Prosecutor Initiative was enacted in FY 2002 to reimburse state, county, parish, or municipal governments for the costs associated with the prosecution of criminal cases declined by local U.S. Attorneys. Each year, hundreds of PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 16867 criminal cases resulting from federal arrests are referred to local prosecutors to handle when the cases fall below certain monetary, quantity, or severity thresholds. This places additional burdens on local government resources that are already stretched by the demands of prosecuting violations of local and state laws. This program provides funds to eligible jurisdictions in the four Southwest Border States, using a uniform payment-per-case basis for qualifying federally initiated and declined-referred criminal cases that were disposed of after October 1, 2001. Up to 220 eligible jurisdictions may apply. This includes county governments and the four state governments in Arizona, California, New Mexico, and Texas. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that no more than 220 respondents will apply. Each application takes approximately 60 minutes to complete and is submitted 4 times per year (quarterly). (6) An estimate of the total public burden (in hours) associated with the collection: The total hour burden to complete the applications is 880 hours (880 applications (220 × 4 times a year) × 60 minutes per application = 52,800/ 60 minutes per hour = 880 burden hours). If additional information is required contact: Jerri Murray, Department Clearance Officer, U.S. Department of Justice, Justice Management Division, Policy and Planning Staff, 145 N Street NE., Room 3W–1407B, Washington, DC 20530. Dated: March 14, 2013. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2013–06286 Filed 3–18–13; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF JUSTICE [Docket No. OTJ 105] Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal Jurisdiction; Mille Lacs Band of Ojibwe Office of Tribal Justice, Department of Justice. ACTION: Notice. AGENCY: This notice solicits public comments on the Request for United States Assumption of Concurrent Federal Criminal Jurisdiction recently submitted to the Office of Tribal Justice, SUMMARY: E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16865-16867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06252]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-794]


Certain Electronic Devices, Including Wireless Communication 
Devices, Portable Music and Data Processing Devices, and Tablet 
Computers; Investigations: Terminations, Modifications and Rulings

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to extend the target date for completion of 
the investigation until May 31, 2013. The Commission requests 
additional written submissions from the parties and from the public on 
the issues indicated in this notice.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-2661. 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 (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. 
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: The Commission instituted this investigation 
on August 1, 2011, based on a complaint filed by Samsung Electronics 
Co., Ltd. of Seoul, Republic of Korea, and Samsung Telecommunications 
America, LLC of Richardson, Texas (collectively, ``Samsung''). 76 FR 
45860 (Aug. 1, 2011). The complaint alleges violations of section 337 
of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in 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, portable music and 
data processing devices, and tablet computers, by reason of 
infringement of various patents,

[[Page 16866]]

including U.S. Patent Nos. 7,706,348 (``the '348 patent''), 7,486,644 
(``the '644 patent''), 7,450,114 (``the '114 patent''), and 6,771,980 
(``the '980 patent''). The notice of investigation names Apple Inc. of 
Cupertino, California (``Apple''), as the only respondent.
    On September 14, 2012, the presiding administrative law judge 
(``ALJ'') issued his final initial determination (``ID'') in this 
investigation finding no violation of section 337. The ALJ determined 
that the '348, '644, and '980 patents are valid but not infringed and 
that the '114 patent is both invalid and not infringed. The ALJ further 
determined that the economic prong of the domestic industry requirement 
is satisfied for all four patents at issue, but that the technical 
prong is not satisfied for any of the asserted patents.
    On November 19, 2012, the Commission determined to review the ID in 
its entirety and issued a notice requesting written submissions from 
the parties and from the public on certain patent issues, on the 
assertion of FRAND-encumbered patents at the Commission, and on the 
issues of remedy, the public interest, and bonding. 77 FR 70464. The 
Commission received written submissions from the parties and from the 
public in response to the notice.
    The Commission has determined to seek additional information on the 
potential effect on the public interest, as identified in 19 U.S.C. 
1337(d)(1) and (f)(1), if the Commission were to order remedies against 
articles alleged by Samsung to infringe claims 75, 76, and 82-84 of the 
'348 patent. (A dissenting memorandum from Commissioner Aranoff can be 
found on EDIS under Inv. No. 337-TA-794.) Parties to the investigation, 
interested government agencies, the Office of Unfair Import 
Investigations, and any other interested persons are encouraged to file 
written submissions on the following issues, with reference to the 
applicable law, the existing evidentiary record, and if necessary, 
additional sworn testimony or expert declarations:
    1. How would remedial orders barring the entry and further 
distribution of the Apple articles alleged to infringe the asserted 
claims of the '348 patent affect the public interest, as identified in 
19 U.S.C. 1337(d)(1) and (f)(1)? The Commission is particularly 
interested in the effect on the public interest with respect to (a) the 
percentage of the total number of imported mobile telephone handsets 
that would be affected by such orders, (b) the percentage of the total 
number of imported cellular-network-enabled tablets that would be 
affected by such orders, and (c) the qualitative impact of exclusion of 
such handsets and tablets. The Commission is also interested in any 
other relevant market information bearing on the four statutory public 
interest factors. In addressing these issues, the Commission requests 
that submitters avoid discussing issues related to standards-setting 
organizations, as the record concerning those issues has been well 
developed.
    2. What third, fourth, and later generation products (if any) are 
currently available in the U.S. market that are authorized by Samsung 
to utilize the technology covered by the asserted claims of the '348 
patent? Are these products acceptable substitutes for the accused 
iPhones and iPads and are they widely viewed to be acceptable 
substitutes for the accused iPhones and iPads?
    3. In what ways, if any, should a remedy with respect to 
infringement of the '348 patent be specifically tailored to avoid harm 
to the public interest, as identified in 19 U.S.C. 1337(d)(1) and 
(f)(1)? In addressing this issue, the Commission requests that 
submitters avoid discussing issues related to standards-setting 
organizations, as the record concerning those issues has been well 
developed.
    In addition to the foregoing, the parties to the investigation are 
requested to brief their positions on the following issues, with 
reference to the applicable law, the existing evidentiary record, and 
if necessary, additional sworn testimony or expert declarations:
    4. With respect to the '348 patent, Samsung's infringement case 
before the Commission relied upon accused third and fourth generation 
Apple products that operate on the AT&T wireless network. If the 
Commission were to issue remedial orders covering articles covered by 
the asserted claims of the '348 patent, would such an order cover (a) 
Apple products that operate on other wireless networks in the United 
States, and (b) later generation Apple products (e.g., iPhone 5, later 
iPad versions)?
    5. Please summarize the history to date of negotiations between 
Samsung and Apple concerning any potential license to the '348 patent, 
either alone or in conjunction with other patents. Please provide 
copies of all written offers and counteroffers concerning a license 
that would cover the '348 patent, whether made by Samsung or Apple.
    6. Please summarize all licenses to the '348 patent granted by 
Samsung to any entity. Please provide copies of, or cite to their 
location in the record of this investigation, all agreements wherein 
Samsung grants any entity a license to the '348 patent.
    7. Samsung and Apple are each requested to submit specific 
licensing terms for the '348 patent that each believes are fair, 
reasonable, and non-discriminatory. Would Samsung's terms change if the 
Commission were to enter remedial orders against Apple's products 
accused in this investigation? If so, please explain whether such an 
offer would be fair, reasonable, and non-discriminatory.
    8. Which factors in Georgia-Pacific Corp. v. United States Plywood 
Corp., 318 F. Supp. 1116 (S.D.N.Y. 1970) are most relevant to 
determining whether Samsung has offered to license the '348 patent to 
Apple on fair, reasonable, and non-discriminatory terms? Please apply 
any relevant Georgia-Pacific factors to Samsung's offer(s) to license 
the '348 patent to Apple. This analysis should include a comparison of 
Samsung's licensing offers to a hypothetical negotiation between the 
parties prior to adoption of the '348 patent into the standard at issue 
here. What other factors, if any, are relevant in determining whether 
Samsung has made a fair, reasonable, and non-discriminatory offer?
    The Commission has invited briefing on only the discrete issues 
enumerated above. Other issues on review are adequately presented in 
existing filings.
    Written Submissions: Written submissions in response to this notice 
must be filed no later than close of business on April 3, 2013. Initial 
submissions, not including any attachments, expert declarations, or 
exhibits, are limited to 50 pages for parties and 25 pages for non-
parties. Reply submissions must be filed no later than the close of 
business on April 10, 2013. Reply submissions, not including any 
attachments, expert declarations, or exhibits, are limited to 35 pages 
for parties and 20 pages for non-parties. No further submissions on 
these issues will be permitted unless otherwise ordered by the 
Commission.
    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-794'') 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

[[Page 16867]]

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.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    Issued: March 13, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-06252 Filed 3-18-13; 8:45 am]
BILLING CODE 7020-02-P