Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software; Commission Determination not to Review an Initial Determination Granting Intervenor Status to Google, Inc., 56736 [2013-22339]

Download as PDF 56736 Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Notices pages and the reply submissions must be no longer than 25 pages. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must do so in accordance with Commission rule 210.4(f), 19 CFR 210.4(f), which requires electronic filing. The original document and 8 true copies thereof must also be filed on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. 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). By order of the Commission. Issued: September 9, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–22263 Filed 9–12–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–882] Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software; Commission Determination not to Review an Initial Determination Granting Intervenor Status to Google, Inc. U.S. International Trade Commission. ACTION: Notice. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 17) issued by the presiding administrative law judge (‘‘ALJ’’) on SUMMARY: VerDate Mar<15>2010 18:23 Sep 12, 2013 Jkt 229001 August 19, 2013, granting intervenor status to Google, Inc. FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–5468. 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. The Commission instituted this investigation on May 7, 2013, based on a complaint filed by Black Hills Media, LLC (‘‘BHM’’). 78 FR 29156–57. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital media devices, including televisions, blu-ray disc players, home theater systems, tablets and mobile phones, components thereof and associated software, by reason of infringement of certain claims of U.S. Patent Nos. 6,618,593; 8,028,323; 8,045,952; 8,050,652; 8,214,873; and 8,230,099. The Commission’s notice of investigation named as respondents several Samsung, LG, Panasonic, Toshiba, and Sharp entities. On July 26, 2013, Google, Inc. (‘‘Google’’) moved to intervene in the investigation, stating that it had a compelling interest in this investigation because the complaint’s claim charts relied upon the functionality of Google’s software as incorporated on respondents’ products, and Google has an interest in the continued importation and sale of products utilizing Google’s software. Google further argued that the respondents would not adequately protect Google’s interest because respondents would likely focus on defending their own accused products, rather than defend Google’s software. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00091 Fmt 4703 Sfmt 9990 The respondents all supported Google’s proposed intervention. On August 5, 2013, Staff opposed Google’s motion, assuming that BHM, by opposing intervention, had chosen not to rely upon Google’s products in this investigation. Staff stated that it would likely support intervention if BHM’s opposition did not disclaim reliance on Google products. Later that day, BHM opposed Google’s motion, arguing that the motion was untimely, that Google failed to identify an adequate interest, and that Google’s interests were adequately represented by the respondents. BHM did not disclaim reliance upon Google products. Staff then supported Google’s motion. See Prehearing Tr. at 38–40. On August 19, 2013, the ALJ issued the subject ID granting intervenor status to Google. The ALJ found that Google’s motion was timely. The ALJ further found that Google has an interest in protecting its products from the allegations presented in BHM’s claim charts, and that the disposition of this investigation may as a practical matter impair Google’s ability to protect that interest. The ALJ also determined that respondents may not adequately represent Google’s interest. The ALJ also found that the investigation was in the early stages of discovery, so Google’s intervention would not cause undue delay or prejudice the original parties’ rights. No petitions for review of the subject ID were filed. The Commission has determined not to review the subject ID. 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). By order of the Commission. Dated: September 10, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–22339 Filed 9–12–13; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Page 56736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22339]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-882]


Certain Digital Media Devices, Including Televisions, Blu-Ray 
Disc Players, Home Theater Systems, Tablets and Mobile Phones, 
Components Thereof and Associated Software; Commission Determination 
not to Review an Initial Determination Granting Intervenor Status to 
Google, Inc.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 17) issued by the presiding administrative law 
judge (``ALJ'') on August 19, 2013, granting intervenor status to 
Google, Inc.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 May 7, 2013, based on a complaint filed by Black Hills Media, LLC 
(``BHM''). 78 FR 29156-57. The complaint alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 
337''), in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain digital media devices, including televisions, blu-ray disc 
players, home theater systems, tablets and mobile phones, components 
thereof and associated software, by reason of infringement of certain 
claims of U.S. Patent Nos. 6,618,593; 8,028,323; 8,045,952; 8,050,652; 
8,214,873; and 8,230,099. The Commission's notice of investigation 
named as respondents several Samsung, LG, Panasonic, Toshiba, and Sharp 
entities.
    On July 26, 2013, Google, Inc. (``Google'') moved to intervene in 
the investigation, stating that it had a compelling interest in this 
investigation because the complaint's claim charts relied upon the 
functionality of Google's software as incorporated on respondents' 
products, and Google has an interest in the continued importation and 
sale of products utilizing Google's software. Google further argued 
that the respondents would not adequately protect Google's interest 
because respondents would likely focus on defending their own accused 
products, rather than defend Google's software. The respondents all 
supported Google's proposed intervention.
    On August 5, 2013, Staff opposed Google's motion, assuming that 
BHM, by opposing intervention, had chosen not to rely upon Google's 
products in this investigation. Staff stated that it would likely 
support intervention if BHM's opposition did not disclaim reliance on 
Google products. Later that day, BHM opposed Google's motion, arguing 
that the motion was untimely, that Google failed to identify an 
adequate interest, and that Google's interests were adequately 
represented by the respondents. BHM did not disclaim reliance upon 
Google products. Staff then supported Google's motion. See Prehearing 
Tr. at 38-40.
    On August 19, 2013, the ALJ issued the subject ID granting 
intervenor status to Google. The ALJ found that Google's motion was 
timely. The ALJ further found that Google has an interest in protecting 
its products from the allegations presented in BHM's claim charts, and 
that the disposition of this investigation may as a practical matter 
impair Google's ability to protect that interest. The ALJ also 
determined that respondents may not adequately represent Google's 
interest. The ALJ also found that the investigation was in the early 
stages of discovery, so Google's intervention would not cause undue 
delay or prejudice the original parties' rights. No petitions for 
review of the subject ID were filed.
    The Commission has determined not to review the subject ID.
    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).

    By order of the Commission.

     Dated: September 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-22339 Filed 9-12-13; 8:45 am]
BILLING CODE 7020-02-P