Certain Wireless Consumer Electronics Devices and Components Thereof; Notice of Commission Determination Finding No Violation of Section 337; Termination of Investigation, 10554-10556 [2014-03968]
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soliciting comments on any public
interest issues raised by the complaint
or complainant’s filing under section
210.8(b) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.8(b)).
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 Document
Information System (EDIS) at EDIS,1 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 at United
States International Trade Commission
(USITC) at USITC.2 The public record
for this investigation may be viewed on
the Commission’s Electronic Document
Information System (EDIS) at EDIS.3
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 has received a complaint
and a submission pursuant to section
210.8(b) of the Commission’s Rules of
Practice and Procedure filed behalf of
Ivoclar Vivadent AG, Ivoclar Vivadent,
Inc., Ivoclar Vivadent Manufacturing,
Inc. on February 19, 2014. The
complaint alleges violations of section
337 of the Tariff Act of 1930 (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 lithium silicate
materials and products containing same.
The complaint name as respondents
Dentsply International Inc. of York, PA;
Dentsply Prosthetics U.S. LLC a/k/a
Dentsply Ceramco of York, PA; and
DeguDent GmbH of Germany. The
complainant requests that the
Commission issue a limited exclusion
order and cease and desist orders.
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
1 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
2 United States International Trade Commission
(USITC): https://edis.usitc.gov.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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interest issues raised by the complaint
or section 210.8(b) filing. Comments
should address whether issuance of the
relief specifically requested by the
complainant 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 requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(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 requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions must be filed no
later than by close of business, eight
calendar days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
public interest after the issuance of any
final initial determination in this
investigation.
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 docket number (‘‘Docket No. 3001’’)
in a prominent place on the cover page
and/or the first page. (See Handbook for
Electronic Filing Procedures, Electronic
Filing Procedures 4). Persons with
questions regarding filing should
contact the Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
4 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf.
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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. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.5
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 210.8(c) of
the Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: February 20, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014–04026 Filed 2–24–14; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–853]
Certain Wireless Consumer
Electronics Devices and Components
Thereof; Notice of Commission
Determination Finding No Violation of
Section 337; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found no violation of
Section 337 in the above-referenced
investigation. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2301. 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.
SUMMARY:
5 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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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: The
Commission instituted this investigation
on August 24, 2012, based on a
complaint filed by Technology
Properties Limited LLC and Phoenix
Digital Solutions LLC, both of
Cupertino, California; and Patriot
Scientific Corporation of Carlsbad,
California (collectively
‘‘Complainants’’). 77 FR 51572–573
(August 24, 2012). 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 wireless consumer electronics
devices and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 5,809,336 (‘‘the ’336
patent’’). The Commission’s notice of
investigation named the following as
respondents: Acer, Inc. of Taipei,
Taiwan and Acer America Corporation
of San Jose, California (collectively
‘‘Acer’’); Amazon.com, Inc. of Seattle,
Washington (‘‘Amazon’’); Barnes and
Noble, Inc. of New York, New York
(‘‘B&N’’); Garmin Ltd of Schaffhausen,
Switzerland, Garmin International, Inc.
of Olathe, Kansas, and Garmin USA,
Inc. of Olathe, Kansas (collectively
‘‘Garmin’’); HTC Corporation of
Taoyuan, Taiwan and HTC America of
Bellevue, Washington (collectively
‘‘HTC’’); Huawei Technologies Co, Ltd.
of Shenzhen, China (‘‘Huawei Tech.’’);
Huawei North America of Plano, Texas
(‘‘Huawei NA’’); Kyocera Corporation of
Kyoto, Japan and Kyocera
Communications, Inc. of San Diego,
California (collectively ‘‘Kyocera’’); LG
Electronics, Inc. of Seoul, Republic of
Korea and LG Electronics U.S.A., Inc. of
Englewood Cliffs, New Jersey
(collectively ‘‘LG’’); Nintendo Co. Ltd. of
Kyoto, Japan and Nintendo of America,
Inc. of Redmond, Washington
(collectively ‘‘Nintendo’’); Novatel
Wireless, Inc. of San Diego, California
(‘‘Novatel’’); Samsung Electronics Co.,
Ltd., of Seoul, Republic of Korea and
Samsung Electronics America, Inc. of
Ridgefield Park, New Jersey (collectively
‘‘Samsung’’); Sierra Wireless, Inc. of
British Columbia, Canada and Sierra
Wireless America, Inc. of Carlsbad,
California (collectively ‘‘Sierra’’); and
ZTE Corporation of Shenzhen, China
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and ZTE (USA) Inc. of Richardson,
Texas (collectively ‘‘ZTE’’). The Office
of Unfair Import Investigations was
named as a participating party.
The Commission later amended the
Notice of Investigation to remove
Huawei NA as a respondent and to add
Huawei Device Co., Ltd. of Shenzhen,
China; Huawei Device USA Inc. of
Plano, Texas; and Futurewei
Technologies, Inc. d/b/a Huawei
Technologies (USA) of Plano, Texas
(‘‘new Huawei respondents’’) as
respondents. 78 FR 12354 (Feb. 22,
2013). The Commission later terminated
respondents Sierra and Kyocera from
the investigation. Notice (Feb. 4, 2013);
Notice (Sept. 20, 2013). The
Commission also terminated
respondents Acer and Amazon from the
investigation. 78 FR 71643, 71644 (Nov.
29, 2013).
The active respondents in the
investigation include: B&N, Garmin,
HTC, Huawei Tech., the new Huawei
respondents, LG, Nintendo, Novatel,
Samsung, and ZTE. Nintendo was
accused of infringing only claims 1 and
11, for which the Commission
determined not to review the ALJ’s
findings of no infringement. Id.
On September 6, 2013, the ALJ issued
his final initial determination (‘‘ID’’),
finding no violation of Section 337 with
respect to all of the named respondents.
Specifically, the ALJ found that the
importation requirement of Section 337
is satisfied. The ALJ also found that
none of the accused products directly or
indirectly infringe the asserted claims of
the ’336 patent. The ALJ further found
that the asserted claims of the ’336
patent have not been found to be
invalid. The ALJ also found that
respondents have not shown that the
accused LG product is covered by a
license to the ’336 patent. The ALJ
further found that Complainants have
satisfied the domestic industry
requirement pursuant to 19 U.S.C.
1337(a)(3)(C) for the ’336 patent because
Complainants’ licensing activities have
a nexus to the ’336 patent and because
Complainants’ licensing investments
with respect to the ’336 patent are
substantial. The ALJ also found that
there are no public interest issues that
would preclude issuance of a remedy
were the Commission to find a violation
of section 337. The ALJ also issued a
recommended determination,
recommending that the appropriate
remedy is a limited exclusion order
barring entry of infringing wireless
consumer electronics devices and
components thereof against the active
respondents. The ALJ did not
recommend issuance of a cease and
desist order against any respondent. The
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10555
ALJ also did not recommend the
imposition of a bond during the period
of Presidential review. On September
12, 2013, the ALJ issued a Notice of
Clarification supplementing the Final
ID. Notice of Clarification Regarding
Final Initial Determination (Sept. 12,
2013).
On September 23, 2013, Complainants
filed a petition for review of certain
aspects of the final ID concerning
asserted claims 6 and 13 of the ’336
patent. In particular, Complainants
requested that the Commission review
the ID’s construction of the ‘‘entire
oscillator’’ terms recited in claims 6 and
13 and the ID’s infringement findings
based on those limitations.
Complainants also requested that the
Commission review the ID’s
infringement findings concerning the
limitations ‘‘varying,’’ ‘‘independent,’’
and ‘‘asynchronous’’ recited in claims 6
and 13. Also on September 23, 2013, the
respondents who had not settled with
Complainants filed a contingent petition
for review of certain aspects of the final
ID. In particular, the respondents
requested review of the ID’s finding that
Complainants have satisfied the
domestic industry requirement based on
licensing activities. On October 17,
2013, the respondents filed a response
to Complainants’ petition for review.
Also on October 17, 2013, Complainants
filed a response to the respondents’
contingent petition for review. Further
on October 17, 2013, the IA filed a joint
response to the private parties’
petitions.
On October 17, 2013, Complainants
filed a post-RD statement on the public
interest pursuant to Commission Rule
210.50(a)(4). On October 23, 2013, the
respondents also filed a submission
pursuant to the rule. No responses from
the public were received in response to
the post-RD Commission Notice issued
on September 9, 2013. See Notice of
Request for Statements on the Public
Interest (Sept. 9, 2013).
On November 25, 2013, the
Commission determined to review the
final ID in part with respect to the ID’s
findings concerning claim construction
and infringement of claims 6 and 13 of
the ’336 patent and domestic industry.
78 FR at 71644–45. The Notice of
Review included briefing questions
regarding the certain issues under
review. Id. The Commission determined
not to review the remaining issues
decided in the final ID. Id. at 71644. The
Commission also extended the target
date for completion of the investigation
to January 29, 2014. Id. at 71645.
On December 19, 2013, in reponse to
a request from the parties, the
Commission granted the parties an
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extension to file their reply submissions
in response to the Commission’s request
for briefing to January 6, 2014, and
further extended the target date for
completion of the investigation to
February 19, 2014. Notice (Dec. 19,
2013).
On December 23, 2013, the parties
filed initial submissions responding to
the Commission’s request for briefing on
review and concerning remedy, the
public interest, and bonding. On
January 6, 2014, the parties filed reply
submissions. Several third parties filed
submissions concerning the public
interest, including: Sprint Spectrum,
L.P.; CTIA—The Wireless Association®;
and United States Cellular Corporation.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review and the
responses thereto, and the parties’
submissions on review, the Commission
has determined to find no violation of
section 337 with respect to the ’336
patent.
Specifically, the Commission affirms
the ID’s claim constructions as to claims
6 and 13 of the ’336 patent.
Regarding infringement, the
Commission affirms with modification
the ALJ’s finding that the accused
products do not satisfy the ‘‘entire
oscillator,’’ ‘‘varying,’’ and ‘‘external
clock’’ limitations of claims 6 and 13.
Moreover, the Commission affirms the
ALJ’s finding that Complainants failed
to prove indirect infringement because
they failed to prove direct infringement.
With respect to the domestic industry
requirement, the Commission finds that
Complainants have satisfied the
economic prong of the domestic
industry requirement based on modified
reasoning.
The investigation is terminated.
The Commission will issue an
opinion reflecting its decision within
seven days of this notice.
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: February 19, 2014.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014–03968 Filed 2–24–14; 8:45 am]
BILLING CODE 7020–02–P
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DEPARTMENT OF JUSTICE
[OMB No. 1121–NEW]
Agency Information Collection
Activities: New Proposed Collection;
Comments Requested: 2013 Census of
Federal, State, and Local Law
Enforcement Agencies
ACTION:
30-day notice.
The Department of Justice (DOJ),
Office of Justice Programs, Bureau of
Justice Statistics (BJS), 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 information collection 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 207, pages
64012–64013, on October 25, 2013,
allowing for a 60 day comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until March 27, 2014. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden or associated response time,
should be directed to the Office of
Management and Budget, Officer of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503. The best
way to ensure your comments are
received is to email them to OIRA_
submission@omb.eop.gov. All
comments should reference the eight
digit OMB number or the title of the
collection.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether, and if so, how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
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—Ways to 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
Collection
(1) Type of Information Collection:
New collection
(2) Title of the Form/Collection: 2013
Census of Federal State, and Local Law
Enforcement Agencies (Census).
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: The form numbers is CJ–38.
The applicable component within the
Department of Justice is the Bureau of
Justice Statistics, Office of Justice
Programs.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Federal, State, and
Local Government. This information
collection is a census of federal, state,
and local publically-funded law
enforcement agencies. The affected
public that will be asked to respond will
include approximately 18,000 State,
regional, county, municipal, campus,
and tribal law enforcement agencies that
employ the equivalent of one full-time
sworn personnel with general arrest
powers and roughly 75 federal law
enforcement agencies that employ
personnel authorized to carry a firearm
and make arrests. The information will
provide national statistics on the
number of sworn and civilian personnel
by type of agency and functions
performed by each agency.
(5) An estimate of the total number of
respondents and the average amount of
time for a respondent to respond: It is
estimated that 18,000 state and local
respondents will take an average of 60
minutes to complete form CJ–38. In
addition, 75 federal respondents will
take an average of 30 minutes to
complete a shortened version of the CJ–
38 (CJ–38F).
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated
18,038 total annual burden hours
associated with this collection.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
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]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10554-10556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03968]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-853]
Certain Wireless Consumer Electronics Devices and Components
Thereof; Notice of Commission Determination Finding No Violation of
Section 337; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found no violation of Section 337 in the above-
referenced investigation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. 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.
[[Page 10555]]
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: The Commission instituted this investigation
on August 24, 2012, based on a complaint filed by Technology Properties
Limited LLC and Phoenix Digital Solutions LLC, both of Cupertino,
California; and Patriot Scientific Corporation of Carlsbad, California
(collectively ``Complainants''). 77 FR 51572-573 (August 24, 2012). 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 wireless consumer
electronics devices and components thereof by reason of infringement of
certain claims of U.S. Patent No. 5,809,336 (``the '336 patent''). The
Commission's notice of investigation named the following as
respondents: Acer, Inc. of Taipei, Taiwan and Acer America Corporation
of San Jose, California (collectively ``Acer''); Amazon.com, Inc. of
Seattle, Washington (``Amazon''); Barnes and Noble, Inc. of New York,
New York (``B&N''); Garmin Ltd of Schaffhausen, Switzerland, Garmin
International, Inc. of Olathe, Kansas, and Garmin USA, Inc. of Olathe,
Kansas (collectively ``Garmin''); HTC Corporation of Taoyuan, Taiwan
and HTC America of Bellevue, Washington (collectively ``HTC''); Huawei
Technologies Co, Ltd. of Shenzhen, China (``Huawei Tech.''); Huawei
North America of Plano, Texas (``Huawei NA''); Kyocera Corporation of
Kyoto, Japan and Kyocera Communications, Inc. of San Diego, California
(collectively ``Kyocera''); LG Electronics, Inc. of Seoul, Republic of
Korea and LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey
(collectively ``LG''); Nintendo Co. Ltd. of Kyoto, Japan and Nintendo
of America, Inc. of Redmond, Washington (collectively ``Nintendo'');
Novatel Wireless, Inc. of San Diego, California (``Novatel''); Samsung
Electronics Co., Ltd., of Seoul, Republic of Korea and Samsung
Electronics America, Inc. of Ridgefield Park, New Jersey (collectively
``Samsung''); Sierra Wireless, Inc. of British Columbia, Canada and
Sierra Wireless America, Inc. of Carlsbad, California (collectively
``Sierra''); and ZTE Corporation of Shenzhen, China and ZTE (USA) Inc.
of Richardson, Texas (collectively ``ZTE''). The Office of Unfair
Import Investigations was named as a participating party.
The Commission later amended the Notice of Investigation to remove
Huawei NA as a respondent and to add Huawei Device Co., Ltd. of
Shenzhen, China; Huawei Device USA Inc. of Plano, Texas; and Futurewei
Technologies, Inc. d/b/a Huawei Technologies (USA) of Plano, Texas
(``new Huawei respondents'') as respondents. 78 FR 12354 (Feb. 22,
2013). The Commission later terminated respondents Sierra and Kyocera
from the investigation. Notice (Feb. 4, 2013); Notice (Sept. 20, 2013).
The Commission also terminated respondents Acer and Amazon from the
investigation. 78 FR 71643, 71644 (Nov. 29, 2013).
The active respondents in the investigation include: B&N, Garmin,
HTC, Huawei Tech., the new Huawei respondents, LG, Nintendo, Novatel,
Samsung, and ZTE. Nintendo was accused of infringing only claims 1 and
11, for which the Commission determined not to review the ALJ's
findings of no infringement. Id.
On September 6, 2013, the ALJ issued his final initial
determination (``ID''), finding no violation of Section 337 with
respect to all of the named respondents. Specifically, the ALJ found
that the importation requirement of Section 337 is satisfied. The ALJ
also found that none of the accused products directly or indirectly
infringe the asserted claims of the '336 patent. The ALJ further found
that the asserted claims of the '336 patent have not been found to be
invalid. The ALJ also found that respondents have not shown that the
accused LG product is covered by a license to the '336 patent. The ALJ
further found that Complainants have satisfied the domestic industry
requirement pursuant to 19 U.S.C. 1337(a)(3)(C) for the '336 patent
because Complainants' licensing activities have a nexus to the '336
patent and because Complainants' licensing investments with respect to
the '336 patent are substantial. The ALJ also found that there are no
public interest issues that would preclude issuance of a remedy were
the Commission to find a violation of section 337. The ALJ also issued
a recommended determination, recommending that the appropriate remedy
is a limited exclusion order barring entry of infringing wireless
consumer electronics devices and components thereof against the active
respondents. The ALJ did not recommend issuance of a cease and desist
order against any respondent. The ALJ also did not recommend the
imposition of a bond during the period of Presidential review. On
September 12, 2013, the ALJ issued a Notice of Clarification
supplementing the Final ID. Notice of Clarification Regarding Final
Initial Determination (Sept. 12, 2013).
On September 23, 2013, Complainants filed a petition for review of
certain aspects of the final ID concerning asserted claims 6 and 13 of
the '336 patent. In particular, Complainants requested that the
Commission review the ID's construction of the ``entire oscillator''
terms recited in claims 6 and 13 and the ID's infringement findings
based on those limitations. Complainants also requested that the
Commission review the ID's infringement findings concerning the
limitations ``varying,'' ``independent,'' and ``asynchronous'' recited
in claims 6 and 13. Also on September 23, 2013, the respondents who had
not settled with Complainants filed a contingent petition for review of
certain aspects of the final ID. In particular, the respondents
requested review of the ID's finding that Complainants have satisfied
the domestic industry requirement based on licensing activities. On
October 17, 2013, the respondents filed a response to Complainants'
petition for review. Also on October 17, 2013, Complainants filed a
response to the respondents' contingent petition for review. Further on
October 17, 2013, the IA filed a joint response to the private parties'
petitions.
On October 17, 2013, Complainants filed a post-RD statement on the
public interest pursuant to Commission Rule 210.50(a)(4). On October
23, 2013, the respondents also filed a submission pursuant to the rule.
No responses from the public were received in response to the post-RD
Commission Notice issued on September 9, 2013. See Notice of Request
for Statements on the Public Interest (Sept. 9, 2013).
On November 25, 2013, the Commission determined to review the final
ID in part with respect to the ID's findings concerning claim
construction and infringement of claims 6 and 13 of the '336 patent and
domestic industry. 78 FR at 71644-45. The Notice of Review included
briefing questions regarding the certain issues under review. Id. The
Commission determined not to review the remaining issues decided in the
final ID. Id. at 71644. The Commission also extended the target date
for completion of the investigation to January 29, 2014. Id. at 71645.
On December 19, 2013, in reponse to a request from the parties, the
Commission granted the parties an
[[Page 10556]]
extension to file their reply submissions in response to the
Commission's request for briefing to January 6, 2014, and further
extended the target date for completion of the investigation to
February 19, 2014. Notice (Dec. 19, 2013).
On December 23, 2013, the parties filed initial submissions
responding to the Commission's request for briefing on review and
concerning remedy, the public interest, and bonding. On January 6,
2014, the parties filed reply submissions. Several third parties filed
submissions concerning the public interest, including: Sprint Spectrum,
L.P.; CTIA--The Wireless Association[supreg]; and United States
Cellular Corporation.
Having examined the record of this investigation, including the
ALJ's final ID, the petitions for review and the responses thereto, and
the parties' submissions on review, the Commission has determined to
find no violation of section 337 with respect to the '336 patent.
Specifically, the Commission affirms the ID's claim constructions
as to claims 6 and 13 of the '336 patent.
Regarding infringement, the Commission affirms with modification
the ALJ's finding that the accused products do not satisfy the ``entire
oscillator,'' ``varying,'' and ``external clock'' limitations of claims
6 and 13. Moreover, the Commission affirms the ALJ's finding that
Complainants failed to prove indirect infringement because they failed
to prove direct infringement.
With respect to the domestic industry requirement, the Commission
finds that Complainants have satisfied the economic prong of the
domestic industry requirement based on modified reasoning.
The investigation is terminated.
The Commission will issue an opinion reflecting its decision within
seven days of this notice.
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: February 19, 2014.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-03968 Filed 2-24-14; 8:45 am]
BILLING CODE 7020-02-P
