Certain Audio Processing Hardware and Software and Products Containing Same; Institution of investigation, 14159-14160 [2015-06081]

Download as PDF Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices personnel and to be able to respond to a collection of information, to search data sources, and to complete and review the collection of information; and to transmit or otherwise disclose the information. All written comments, with names and addresses, will be available for public inspection. If you wish us to withhold your personal information, you must prominently state at the beginning of your comment what personal information you want us to withhold. We will honor your request to the extent allowable by law. If you wish to view any comments received, you may do so by scheduling an appointment with the Department of the Interior; Office of Policy Analysis as indicated in the ADDRESSES section above. A valid picture identification is required for entry into the Department of the Interior. 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FOR FURTHER INFORMATION CONTACT: ´ Martın Visarraga, BLM Albuquerque District Office, 435 Montano Rd., Albuquerque, NM 87107, 505–761– 8902. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8229 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 10member Albuquerque District RAC advises the Secretary of the Interior, through the BLM, on a variety of planning and management issues associated with public land management in New Mexico’s Albuquerque District. Planned agenda items include updates on the SunZia Southwest Transmission Project; the Kinder Morgan Lobos CO2 Pipeline Project; the upcoming move of the Rio Puerco Field Office and transition to a mobile workforce; and the Rio Puerco Resource Management Plan. There will also be a discussion on fee increases for the Kasha-Katuwe Tent Rocks National Monument and Datil Well Campground, sustainable resource efforts, and recreation opportunities for the Albuquerque District. A half-hour comment period during which the public may address the RAC will begin at 11 a.m. All RAC meetings are open to the public. Depending on the number of individuals wishing to comment and time available, the time for individual oral comments may be limited. Michael H. Tupper, Deputy State Director, Lands and Resources. [FR Doc. 2015–06228 Filed 3–17–15; 8:45 am] BILLING CODE 4310–FB–P AGENCY: In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act, the Bureau of Land Management (BLM) Albuquerque District Resource Advisory Council (RAC) will meet as indicated below. DATES: The RAC will meet on Friday, April 17, 2015, at the Socorro Field Office, 901 South Highway 85, Socorro, NM 87801, from 9 a.m.–4 p.m. The mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:31 Mar 17, 2015 Jkt 235001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–949] Certain Audio Processing Hardware and Software and Products Containing Same; Institution of investigation 14159 International Trade Commission on February 9, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Andrea Electronics Corp., of Bohemia, New York. A letter supplementing the complaint was filed on March 3, 2015. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain audio processing hardware and software and products containing same by reason of infringement of certain claims of U.S. Patent No. 5,825,898 (‘‘the ’898 patent’’); U.S. Patent No. 6,483,923 (‘‘the ’923 patent’’); U.S. Patent No. 6,049,607 (‘‘the ’607 patent’’); U.S. Patent No. 6,363,345 (‘‘the ’345 patent’’); and U.S. Patent No. 6,377,637 (‘‘the ’637 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, as supplemented, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (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. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. AGENCY: U.S. International Trade Commission. ACTION: Notice. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2014). Notice is hereby given that a complaint was filed with the U.S. Scope of Investigation: Having considered the complaint, the U.S. SUMMARY: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 14160 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices International Trade Commission, on March 11, 2015, ordered that — (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain audio processing hardware and software and products containing same by reason of infringement of one or more of claims 1–28 of the ’898 patent; claims 1–16 of the ’923 patent; claims 1–12 and 25–37 of the ’607 patent; claims 1–25, 38–40, and 42–47 of the ’345 patent; and claims 1–14 of the ’637 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) Notwithstanding any Commission Rules that would otherwise apply, the presiding Administrative Law Judge shall hold an early evidentiary hearing, find facts, and issue an early decision, as to whether the complainant has standing to assert each of the asserted patents. Any such decision shall be in the form of an initial determination (ID). Petitions for review of such an ID shall be due five calendar days after service of the ID; any replies shall be due three business days after service of a petition. The ID will become the Commission’s final determination 30 days after the date of service of the ID unless the Commission determines to review the ID. Any such review will be conducted in accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The Commission expects the issuance of an early ID relating to the standing issues within 100 days of institution, except that the presiding ALJ may grant a limited extension of the ID for good cause shown. The issuance of an early ID finding complainant does not have standing to assert the asserted patents shall stay the investigation unless the Commission orders otherwise; any other decision shall not stay the investigation or delay the issuance of a final ID VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 covering the other issues of the investigation. (4) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Andrea Electronics Corp., 65 Orville Drive, Suite One, Bohemia, NY 11716. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Acer Inc., 8F, 88, Sec. 1, Xintai 5th Rd. Xixhi, New Taipei City 221, Taiwan Acer America Corp., 333 West San Carlos Street, Suite 1500, San Jose, CA 95110 ASUSTeK Computer Inc., No. 15, Li-Te Rd., Beitou District, Taipei 112, Taiwan ASUS Computer International, 800 Corporate Way, Fremont, CA 94539 Dell Inc., One Dell Way, Round Rock, TX 78682 Hewlett Packard Co., 3000 Hanover Street, Palo Alto, CA 94304–1185 Lenovo Group Ltd., Shangdi Information Industry Base, No 6 Chuang Ye Road, Haidan District, 100085 Beijing, China Lenovo Holding Co., Inc., 1009 Think Place, Morrisville, NC 27650 Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27650 Toshiba Corp., 1–1, Shibaura 1-chome, Toshiba Building, Minato-Ku, Tokyo 105–8001, Japan Toshiba America, Inc., 1251 Avenue of the Americas, Suite 4110, New York, NY 10020 Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, Irvine, CA 92618 Realtek Semiconductor Corp., No. 2, Innovation Road II, Hsinchu Science Park, Hsinchu 300, Taiwan (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: March 12, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–06081 Filed 3–17–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–916] Certain Non-Volatile Memory Chips and Products Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement 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’’) (Order No. 30) granting a joint motion to terminate the above-captioned investigation based on a settlement agreement. 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 all 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 SUMMARY: E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14159-14160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06081]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-949]


Certain Audio Processing Hardware and Software and Products 
Containing Same; Institution of investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 9, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Andrea Electronics Corp., of Bohemia, New York. A letter supplementing 
the complaint was filed on March 3, 2015. The complaint, as 
supplemented, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain audio 
processing hardware and software and products containing same by reason 
of infringement of certain claims of U.S. Patent No. 5,825,898 (``the 
'898 patent''); U.S. Patent No. 6,483,923 (``the '923 patent''); U.S. 
Patent No. 6,049,607 (``the '607 patent''); U.S. Patent No. 6,363,345 
(``the '345 patent''); and U.S. Patent No. 6,377,637 (``the '637 
patent''). The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as supplemented, except for any confidential 
information contained therein, is 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., Room 
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S.

[[Page 14160]]

International Trade Commission, on March 11, 2015, ordered that --
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain audio 
processing hardware and software and products containing same by reason 
of infringement of one or more of claims 1-28 of the '898 patent; 
claims 1-16 of the '923 patent; claims 1-12 and 25-37 of the '607 
patent; claims 1-25, 38-40, and 42-47 of the '345 patent; and claims 1-
14 of the '637 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1), 
(g)(1);
    (3) Notwithstanding any Commission Rules that would otherwise 
apply, the presiding Administrative Law Judge shall hold an early 
evidentiary hearing, find facts, and issue an early decision, as to 
whether the complainant has standing to assert each of the asserted 
patents. Any such decision shall be in the form of an initial 
determination (ID). Petitions for review of such an ID shall be due 
five calendar days after service of the ID; any replies shall be due 
three business days after service of a petition. The ID will become the 
Commission's final determination 30 days after the date of service of 
the ID unless the Commission determines to review the ID. Any such 
review will be conducted in accordance with Commission Rules 210.43, 
210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The Commission 
expects the issuance of an early ID relating to the standing issues 
within 100 days of institution, except that the presiding ALJ may grant 
a limited extension of the ID for good cause shown. The issuance of an 
early ID finding complainant does not have standing to assert the 
asserted patents shall stay the investigation unless the Commission 
orders otherwise; any other decision shall not stay the investigation 
or delay the issuance of a final ID covering the other issues of the 
investigation.
    (4) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:
Andrea Electronics Corp., 65 Orville Drive, Suite One, Bohemia, NY 
11716.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
Acer Inc., 8F, 88, Sec. 1, Xintai 5th Rd. Xixhi, New Taipei City 221, 
Taiwan
Acer America Corp., 333 West San Carlos Street, Suite 1500, San Jose, 
CA 95110
ASUSTeK Computer Inc., No. 15, Li-Te Rd., Beitou District, Taipei 112, 
Taiwan
ASUS Computer International, 800 Corporate Way, Fremont, CA 94539
Dell Inc., One Dell Way, Round Rock, TX 78682
Hewlett Packard Co., 3000 Hanover Street, Palo Alto, CA 94304-1185
Lenovo Group Ltd., Shangdi Information Industry Base, No 6 Chuang Ye 
Road, Haidan District, 100085 Beijing, China
Lenovo Holding Co., Inc., 1009 Think Place, Morrisville, NC 27650
Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27650
Toshiba Corp., 1-1, Shibaura 1-chome, Toshiba Building, Minato-Ku, 
Tokyo 105-8001, Japan
Toshiba America, Inc., 1251 Avenue of the Americas, Suite 4110, New 
York, NY 10020
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, 
Irvine, CA 92618
Realtek Semiconductor Corp., No. 2, Innovation Road II, Hsinchu Science 
Park, Hsinchu 300, Taiwan
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 12, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-06081 Filed 3-17-15; 8:45 am]
 BILLING CODE 7020-02-P
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