Certain Portable Electronic Communications Devices, Including Mobile Phones and Components Thereof; Commission Determination Not To Review an Initial Determination Granting Joint Motion To Terminate the Investigation In Its Entirety Based on Settlement; Termination of Investigation, 15609-15610 [2014-06122]
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Federal Register / Vol. 79, No. 54 / Thursday, March 20, 2014 / Notices
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INTERNATIONAL TRADE
COMMISSION
Dated: March 7, 2014.
Roy E. Wright,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[Investigation No. 337–TA–885]
[FR Doc. 2014–06094 Filed 3–19–14; 8:45 am]
ehiers on DSK2VPTVN1PROD with NOTICES
BILLING CODE 9110–12–P
Certain Portable Electronic
Communications Devices, Including
Mobile Phones and Components
Thereof; Commission Determination
Not To Review an Initial Determination
Granting Joint Motion To Terminate
the Investigation In Its Entirety Based
on Settlement; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
SUMMARY:
VerDate Mar<15>2010
15609
14:48 Mar 19, 2014
Jkt 232001
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
Community
No.
(Order No. 23) of the presiding
administrative law judge (‘‘ALJ’’)
granting joint motion to terminate the
investigation in its entirety based on
settlement.
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
E:\FR\FM\20MRN1.SGM
20MRN1
ehiers on DSK2VPTVN1PROD with NOTICES
15610
Federal Register / Vol. 79, No. 54 / Thursday, March 20, 2014 / Notices
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: The
Commission instituted this investigation
under section 337 of the Tariff Act of
1930, 19 U.S.C. 1337, on June 26, 2013,
based on a complaint filed by Nokia
Corporation of Espoo, Finland and
Nokia Inc., of Sunnyvale, California
(collectively, ‘‘Nokia’’). The complaint,
as supplemented, alleges a violation of
section 337 by reason of infringement of
certain claims of U.S. Patent Nos.
6,035,189 (‘‘the ‘189 patent’’); 6,373,345;
6,711,211 (‘‘the ‘211 patent’’); 7,187,945;
8,140,650 (‘‘the ‘650 patent’’); and
8,363,824. 78 FR 38362 (Jun. 26, 2013).
The respondents are HTC Corporation of
Taoyuan City, Taiwan, and HTC
America, Inc. of Bellevue, Washington
(collectively, ‘‘HTC’’). Subsequently,
third party Google Inc. (‘‘Google’’)
intervened as a party in this
investigation with respect to three of the
six patents, namely the ‘189, ‘211 and
‘650 patents. 78 FR 49764 (Aug. 15,
2013). The complaint was amended to
add U.S. Patent No. 7,366,529 and to
add Nokia’s recently launched domestic
industry products. 78 FR 56737 (Sept.
13, 2013).
On February 10, 2014, complainants
Nokia and respondents HTC
(collectively, ‘‘the Moving Parties’’) filed
a joint motion to terminate the
investigation in its entirety. On
February 25, 2014, the Moving Parties
filed a corrected public version of the
motion and corrected exhibits in
support of the motion, including
redacted public versions of the
settlement agreements. The Moving
Parties aver that intervenor Google does
not oppose the motion to terminate the
investigation.
On February 25, 2014, the ALJ issued
an ID (Order No. 23). The ALJ found
that termination of this investigation
does not impose any undue burdens on
the public health and welfare,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, and United States
consumers. Order No. 23 at 5. The ALJ
granted the motion to terminate. No
party petitioned for review of the ID,
and the Commission has determined not
to review it.
The authority for the Commission’s
determination is contained in section
VerDate Mar<15>2010
14:48 Mar 19, 2014
Jkt 232001
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 to the Commission.
Issued: March 14, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014–06122 Filed 3–19–14; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–850]
Certain Electronic Imaging Devices;
Commission Determination To Reverse
the Finding of Violation of Section 337;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to reverse
the final initial determination (‘‘ID’’)
issued by the presiding administrative
law judge (‘‘ALJ’’) on September 30,
2013, finding a violation of section 337
of the Tariff Act of 1930, as amended,
19 U.S.C. 1337 (‘‘Section 337’’) in the
above-captioned investigation. The
Commission finds no violation of
Section 337. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Jia
Chen, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436, telephone (202) 708–4737.
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: The
Commission instituted this investigation
on June 29, 2012, based on a complaint
filed by Flashpoint Technology, Inc.
SUMMARY:
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
(‘‘Flashpoint’’) of Peterborough, New
Hampshire, alleging violation of Section
337 in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain electronic
imaging devices by reason of
infringement of certain claims of U.S.
Patent Nos. 6,504,575 (‘‘the ’575
patent’’), 6,222,538 (‘‘the ’538 patent’’),
6,400,471 (‘‘the ’471 patent’’), and
6,223,190 (‘‘the ’190 patent’’). The
notice of investigation named the
following respondents: HTC
Corporation of Taoyuan, Taiwan and
HTC America, Inc. of Bellevue,
Washington (collectively, ‘‘HTC’’);
Pantech Co., Ltd. of Seoul, Republic of
Korea and Pantech Wireless, Inc. of
Atlanta, Georgia (collectively,
‘‘Pantech’’); Huawei Technologies Co.,
Ltd. of Shenzhen, China and FutureWei
Technologies, Inc. d/b/a Huawei
Technologies (USA) of Plano, Texas
(collectively ‘‘Huawei’’); and ZTE
Corporation of Shenzhen, China and
ZTE (USA) Inc. of Richardson, Texas
(collectively ‘‘ZTE’’). The ’575 patent
and respondent Pantech have been
terminated from the investigation. The
Commission Office of Unfair Import
Investigations did not participate in this
investigation.
On September 30, 2013, the ALJ
issued a final ID finding a violation of
Section 337 by HTC. Specifically, the
ALJ concluded that two of the accused
HTC smartphones, i.e., the HTC Vivid
and HTC Droid Incredible 4G LTE,
infringe the asserted claims of the ’538
patent. The ALJ found, however, that
none of the other accused HTC
smartphones infringes the asserted
claims of the ’538 patent and that none
of the accused HTC, Huawei, or ZTE
smartphones infringes the asserted
claims of the ’471 patent or the ’190
patent. The ALJ found that the
smartphones of Flashpoint’s licensees
Apple Inc. (‘‘Apple’’) and Motorola
Mobility Holdings, Inc. (‘‘Motorola’’)
meet the technical prong of the
domestic industry requirement with
respect to the ’538 patent, but that none
of the licensed Motorola or Apple
smartphones meet the technical prong
of the domestic industry requirement
with respect to either the ’471 or ’190
patents. The ALJ found that Flashpoint
established the economic prong of the
domestic industry requirement under
Sections 337(a)(3)(A), (B), and (C) with
respect to all of the asserted patents.
The ALJ also found that HTC has not
established that the asserted patents are
invalid in view of the prior art or the onsale bar. The ALJ further found that the
’190 and ’538 patents are not
E:\FR\FM\20MRN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 54 (Thursday, March 20, 2014)]
[Notices]
[Pages 15609-15610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06122]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-885]
Certain Portable Electronic Communications Devices, Including
Mobile Phones and Components Thereof; Commission Determination Not To
Review an Initial Determination Granting Joint Motion To Terminate the
Investigation In Its Entirety Based on Settlement; Termination of
Investigation
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. 23) of the presiding administrative law judge
(``ALJ'') granting joint motion to terminate the investigation in its
entirety based on settlement.
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
[[Page 15610]]
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: The Commission instituted this investigation
under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, on June
26, 2013, based on a complaint filed by Nokia Corporation of Espoo,
Finland and Nokia Inc., of Sunnyvale, California (collectively,
``Nokia''). The complaint, as supplemented, alleges a violation of
section 337 by reason of infringement of certain claims of U.S. Patent
Nos. 6,035,189 (``the `189 patent''); 6,373,345; 6,711,211 (``the `211
patent''); 7,187,945; 8,140,650 (``the `650 patent''); and 8,363,824.
78 FR 38362 (Jun. 26, 2013). The respondents are HTC Corporation of
Taoyuan City, Taiwan, and HTC America, Inc. of Bellevue, Washington
(collectively, ``HTC''). Subsequently, third party Google Inc.
(``Google'') intervened as a party in this investigation with respect
to three of the six patents, namely the `189, `211 and `650 patents. 78
FR 49764 (Aug. 15, 2013). The complaint was amended to add U.S. Patent
No. 7,366,529 and to add Nokia's recently launched domestic industry
products. 78 FR 56737 (Sept. 13, 2013).
On February 10, 2014, complainants Nokia and respondents HTC
(collectively, ``the Moving Parties'') filed a joint motion to
terminate the investigation in its entirety. On February 25, 2014, the
Moving Parties filed a corrected public version of the motion and
corrected exhibits in support of the motion, including redacted public
versions of the settlement agreements. The Moving Parties aver that
intervenor Google does not oppose the motion to terminate the
investigation.
On February 25, 2014, the ALJ issued an ID (Order No. 23). The ALJ
found that termination of this investigation does not impose any undue
burdens on the public health and welfare, competitive conditions in the
United States economy, the production of like or directly competitive
articles in the United States, and United States consumers. Order No.
23 at 5. The ALJ granted the motion to terminate. No party petitioned
for review of the ID, and the Commission has determined not to review
it.
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 to the Commission.
Issued: March 14, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-06122 Filed 3-19-14; 8:45 am]
BILLING CODE 7020-02-P
