Certain Mobile Devices, and Related Software Thereof; Commission Determination Not To Review an Initial Determination Granting Joint Motion To Terminate the Remand Investigation Based on a Settlement Agreement; Termination of Remand Investigation, 35382-35383 [2014-14406]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 35382 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices affect rice production and exporting in these countries; 4. A qualitative and, to the extent possible, quantitative assessment of the impact of government policies and programs of major producing and exporting countries on their rice production, exports, consumption, and domestic prices, as well as on rice prices globally; and 5. an overview of the impact on the U.S. rice industry of exports from the highlighted countries of rice to the United States and to traditional export markets of the United States such as, but not limited to, Mexico, Haiti, and West Africa. The Committee asked that the report focus primarily on the period 2009– 2013 and that the Commission deliver its report no later than 11 months following the receipt of this request. The Committee also stated that it intends to make the Commission’s report public and asked that the report not include any confidential business information. Public Hearing: The Commission will hold a public hearing in connection with this investigation at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC, beginning at 9:30 a.m. on Wednesday, September 10, 2014. Requests to appear at the public hearing should be filed with the Secretary not later than 5:15 p.m., August 26, 2014, in accordance with the requirements in the ‘‘Submissions’’ section below. All prehearing briefs and statements should be filed with the Secretary not later than 5:15 p.m., September 2, 2014; and all posthearing briefs and statements responding to matters raised at the hearing should be filed with the Secretary not later than 5:15 p.m., September 17, 2014. All hearing-related briefs and statements should be filed in accordance with the requirements for filing written submissions set out below. In the event that, as of the close of business on August 26, 2014, no witnesses are scheduled to appear at the hearing, the hearing will be canceled. Any person interested in attending the hearing as an observer or nonparticipant may call the Office of the Secretary (202–205–2000) after August 26, 2014, for information concerning whether the hearing will be held. Written Submissions: In lieu of, or in addition to, participating in the hearing, interested parties are invited to file written submissions concerning this investigation. All written submissions should be addressed to the Secretary, and all such submissions (other than prehearing and posthearing briefs and statements) should be received not later VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 than 5:15 p.m., December 9, 2014. All written submissions must conform with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission’s Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12:00 p.m. eastern time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) additional true paper copies in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000). Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the Commission’s Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the ‘‘confidential’’ or ‘‘nonconfidential’’ version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties. In the request letter, the Committee stated that it intends to make the Commission’s report available to the public in its entirety, and asked that the Commission not include any confidential business information in the report it sends to the Committee. Any confidential business information received by the Commission in this investigation and used in preparing this report will not be published in a manner that would reveal the operations of the firm supplying the information. By order of the Commission. Issued: June 17, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–14455 Filed 6–19–14; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–750] Certain Mobile Devices, and Related Software Thereof; Commission Determination Not To Review an Initial Determination Granting Joint Motion To Terminate the Remand Investigation Based on a Settlement Agreement; Termination of Remand 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 the initial determination (‘‘ID’’) of the presiding Administrative Law Judge, granting the joint motion of complainant Apple Inc., f/k/a Apple Computer, Inc., of Cupertino, California (‘‘Apple’’) and respondent Motorola Mobility, Inc. (‘‘Motorola’’) of Libertyville, Illinois to terminate the investigation based on a settlement agreement. SUMMARY: 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. 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 November 30, 2010, based on a complaint filed by Apple. 75 FR 74081– 82 (Nov. 30, 2010). 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 mobile devices and related software by reason of infringement of E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices certain claims of U.S. Patent Nos. 7,812,828 (‘‘the ’828 Patent’’); 7,663,607 (‘‘the ’607 Patent’’); and 5,379,430. The Commission’s notice of investigation named Motorola, Inc. n/k/a Motorola Solutions of Schaumburg, Illinois (‘‘Motorola Solutions’’) and Motorola as respondents. The Office of Unfair Import Investigation was named as a participating party. The Commission subsequently terminated Motorola Solutions as a respondent based on withdrawal of allegations pursuant to Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)). Notice (Aug. 31, 2011). On January 13, 2012, the ALJ issued his final ID, finding no violation of section 337. On March 16, 2012, the Commission issued a notice, determining to review the ID in part, and on review, to affirm the ALJ’s determination of no violation and to terminate the investigation. 77 FR 16860–62 (Mar. 22, 2012). On April 13, 2012, Apple timely appealed the Commission’s final determination of no violation of section 337 as to the ’607 and ’828 patents to the United States Court of Appeals for the Federal Circuit. On August 7, 2013, the Federal Circuit affirmed-in-part, reversed-in-part, and vacated-in-part the Commission’s decision and remanded for further proceedings. Apple, Inc. v. Int’l Trade Comm’n., 725 F.3d 1356 (Fed. Cir. 2013). On September 6, 2013, intervenor Motorola filed a combined petition for panel rehearing and rehearing en banc concerning the panel’s holding that the Commission failed to consider secondary considerations in finding claim 10 of the ’607 patent invalid for obviousness. On November 8, 2013, the Court denied the petition. The mandate issued on November 15, 2013, returning jurisdiction to the Commission. On May 6, 2014, the Commission issued a Notice and Order remanding the investigation for an ALJ to make certain findings concerning infringement, validity, and domestic industry with respect to the ’607 and ’828 patents. 79 FR 26993–95 (May 12, 2014). On May 22, 2014, Apple and Motorola filed a joint motion to terminate the remand investigation based on a settlement agreement reached between Apple and Motorola’s parent company, Google Inc. On May 27, 2014, the Commission investigative attorney filed a response not opposing the termination. On May 28, 2014, the ALJ issued the subject ID, granting the joint motion for termination pursuant to section 210.21(b) of the Commission’s Rules of Practice and Procedure. No petitions for review were filed. VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 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. Issued: June 16, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–14406 Filed 6–19–14; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–868] Certain Wireless Devices With 3G and/ or 4G Capabilities and Components Thereof; Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond in the abovecaptioned investigation. The Commission is soliciting comments from the public on public interest issues raised by the recommended relief, specifically that if the Commission were to find a violation of section 337, 19 U.S.C. 1337, that the Commission issue limited exclusion orders directed to the Nokia and ZTE respondents and cease and desist orders directed to the Nokia respondents. The ALJ recommended that implementation of any limited exclusion order be delayed by six months. The ALJ rejected the respondents’ arguments that the public interest stands in the way of relief for the complainants. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2532. 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. SUMMARY: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 35383 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: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: unless, after considering the effect of such exclusion upon 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, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge’s Recommended Determination on Remedy and Bond issued in this investigation on June 13, 2014. Comments should address whether issuance of a limited exclusion order and/or cease and desist orders 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 recommended orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended 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 E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

[Federal Register Volume 79, Number 119 (Friday, June 20, 2014)]
[Notices]
[Pages 35382-35383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14406]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-750]


Certain Mobile Devices, and Related Software Thereof; Commission 
Determination Not To Review an Initial Determination Granting Joint 
Motion To Terminate the Remand Investigation Based on a Settlement 
Agreement; Termination of Remand 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 the initial determination 
(``ID'') of the presiding Administrative Law Judge, granting the joint 
motion of complainant Apple Inc., f/k/a Apple Computer, Inc., of 
Cupertino, California (``Apple'') and respondent Motorola Mobility, 
Inc. (``Motorola'') of Libertyville, Illinois to terminate the 
investigation based on a settlement agreement.

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. 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 November 30, 2010, based on a complaint filed by Apple. 75 FR 74081-
82 (Nov. 30, 2010). 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 
mobile devices and related software by reason of infringement of

[[Page 35383]]

certain claims of U.S. Patent Nos. 7,812,828 (``the '828 Patent''); 
7,663,607 (``the '607 Patent''); and 5,379,430. The Commission's notice 
of investigation named Motorola, Inc. n/k/a Motorola Solutions of 
Schaumburg, Illinois (``Motorola Solutions'') and Motorola as 
respondents. The Office of Unfair Import Investigation was named as a 
participating party. The Commission subsequently terminated Motorola 
Solutions as a respondent based on withdrawal of allegations pursuant 
to Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)). Notice (Aug. 31, 
2011).
    On January 13, 2012, the ALJ issued his final ID, finding no 
violation of section 337. On March 16, 2012, the Commission issued a 
notice, determining to review the ID in part, and on review, to affirm 
the ALJ's determination of no violation and to terminate the 
investigation. 77 FR 16860-62 (Mar. 22, 2012). On April 13, 2012, Apple 
timely appealed the Commission's final determination of no violation of 
section 337 as to the '607 and '828 patents to the United States Court 
of Appeals for the Federal Circuit. On August 7, 2013, the Federal 
Circuit affirmed-in-part, reversed-in-part, and vacated-in-part the 
Commission's decision and remanded for further proceedings. Apple, Inc. 
v. Int'l Trade Comm'n., 725 F.3d 1356 (Fed. Cir. 2013). On September 6, 
2013, intervenor Motorola filed a combined petition for panel rehearing 
and rehearing en banc concerning the panel's holding that the 
Commission failed to consider secondary considerations in finding claim 
10 of the '607 patent invalid for obviousness. On November 8, 2013, the 
Court denied the petition. The mandate issued on November 15, 2013, 
returning jurisdiction to the Commission.
    On May 6, 2014, the Commission issued a Notice and Order remanding 
the investigation for an ALJ to make certain findings concerning 
infringement, validity, and domestic industry with respect to the '607 
and '828 patents. 79 FR 26993-95 (May 12, 2014).
    On May 22, 2014, Apple and Motorola filed a joint motion to 
terminate the remand investigation based on a settlement agreement 
reached between Apple and Motorola's parent company, Google Inc. On May 
27, 2014, the Commission investigative attorney filed a response not 
opposing the termination.
    On May 28, 2014, the ALJ issued the subject ID, granting the joint 
motion for termination pursuant to section 210.21(b) of the 
Commission's Rules of Practice and Procedure. No petitions for review 
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.

    Issued: June 16, 2014.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2014-14406 Filed 6-19-14; 8:45 am]
BILLING CODE 7020-02-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.