Certain Portable Electronic Devices and Components Thereof Institution of Investigation, 29307-29308 [2016-11018]
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Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
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. 3145’’)
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
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: May 5, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–11006 Filed 5–10–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–994]
Certain Portable Electronic Devices
and Components Thereof Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
SUMMARY:
4 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf
5 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
VerDate Sep<11>2014
17:20 May 10, 2016
Jkt 238001
March 24, 2016, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Creative
Technology Ltd. of Singapore and
Creative Labs, Inc. of Milpitas,
California. A supplement was filed on
April 13, 2016. 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 portable electronic devices and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 6,928,433 (‘‘the ’433 patent’’).
The complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337.
The complainants request 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
(2015).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
May 5, 2016, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
PO 00000
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29307
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 portable
electronic devices and components
thereof by reason of infringement of one
or more of claims 2, 3, 5, 7, and 17–28
of the ’433 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 or
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 set forth
in 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 asserted claims of the
’433 patent recite patent-eligible subject
matter under 35 U.S.C. 101. 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
Section 101 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 that the asserted
claims of the ’433 patent do not recite
patent-eligible subject matter under 35
U.S.C. 101 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 complainants are:
Creative Technology Ltd.
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29308
Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
31 International Business Park
#03–01 Creative Resource
Singapore 609921
Creative Labs, Inc.
1901 McCarthy Boulevard
Milpitas, CA 95035
(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:
ZTE Corporation
ZTE Plaza
No. 55 Hi-Tech Road South Hi-Tech
Industrial Park
Shenzen 518057
Guangdong, China
ZTE (USA) Inc.
2425 N. Central Expressway #323
Richardson, TX 75080
Sony Corporation
1–7–1 Konan, Minato-ku,
Tokyo 108–0075, Japan
Sony Mobile Communications, Inc.
W-building 1–8–15 Konan 1-chome
Minato-ku
Tokyo 108–0075, Japan
Sony Mobile Communications AB
(Mailing Address)
¨
Solvegatan 51,
223 62 Lund, Sweden
Sony Mobile Communications (USA),
Inc.
3333 Piedmont Road NE #600
Atlanta, GA 30305
Samsung Electonics Co., Ltd.
1320–10, Seocho 2-dong Seocho-gu
Seoul, Republic of Korea
Samsung Electronics America, Inc.
85 Challenger Road
Ridgefield Park, NJ 07660
LG Electronics, Inc.
LG Twin Towers, 20 Yeouido-dong,
Yeongdeungpo-gu
Seoul 150–721, Republic of Korea
LG Electronics U.S.A., Inc.
1000 Sylvan Avenue
Englewood Cliffs, NJ 07632
LG Electronics Mobilecomm U.S.A., Inc.
10101 Old Grove Road
San Diego, CA 92131
Lenovo Group Ltd.
Shangdi Information Industry Base
No. 6 Chuang Ye Road, Haidan District
100085, Beijing, China
Lenovo (United States) Inc.
1009 Think Place
Morrisville, NC 27650
Motorola Mobility LLC
222 W. Merchandise Mart Plaza, Suite
1800
Chicago, IL 60654
HTC Corporation
23 Xinghua Road
Taoyuan 330, Taiwan
HTC America, Inc.
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Jkt 238001
13920 SE Eastgate Way, Suite #200
Bellevue, WA 98005
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Blackberry Ltd.
2200 University Avenue E
Waterloo, Ontario
Canada N2K 0A7
Institute of Museum and Library
Services
Blackberry Corporation
5000 Riverside Drive, Suite 100E
Irving, TX 75039
AGENCY:
(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.
The National Museum and
Library Services Board, which advises
the Director of the Institute of Museum
and Library Services on general policies
with respect to the duties, powers, and
authority of the Institute relating to
museum, library and information
services, will meet on June 2, 2016.
DATES: Thursday, June 2, 2016, from
9:00 a.m. to 11:30 a.m. EDT.
ADDRESSES: Place: The meeting will be
held at the IMLS Offices, Panel Room,
Suite 4000, 955 L’Enfant Plaza North,
SW., Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Katherine Maas, Program Specialist,
Institute of Museum and Library
Services, Suite 4000, 955 L’Enfant Plaza
North, SW., Washington, DC 20024.
Telephone: (202) 653–4676. Please
provide advance notice of any special
needs or accommodations.
SUPPLEMENTARY INFORMATION:
Status: The meeting will be open to
the public.
Agenda: Thirty-third Meeting of the
National Museum and Library Services
Board Meeting:
I. Welcome and Director’s Report
II. Approval of the Minutes
III. Financial and Operations Update
IV. Office of Communications and
Government Affairs Update
V. Digital and Information Strategy
Update Break.
VI. Office of Museum Services Update
VII. Office of Library Services Update
VIII. Question and Answer Session
Sunshine Act Meeting of the National
Museum and Library Services Board
By order of the Commission.
Issued: May 5, 2016.
Lisa R. Barton,
Secretary to the Commission.
PO 00000
SUMMARY:
Dated: May 5, 2015.
Andrew Christopher,
Associate General Counsel.
[FR Doc. 2016–11234 Filed 5–9–16; 4:15 pm]
BILLING CODE 7036–01–P
NUCLEAR REGULATORY
COMMISSION
[FR Doc. 2016–11018 Filed 5–10–16; 8:45 am]
BILLING CODE 7020–02–P
Institute of Museum and
Library Services (IMLS), NFAH.
ACTION: Notice of meeting.
[Docket Nos. 52–017; NRC–2008–0066]
Dominion Virginia Power; North Anna,
Unit 3
Nuclear Regulatory
Commission.
AGENCY:
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]]>Agencies
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Notices]
[Pages 29307-29308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11018]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-994]
Certain Portable Electronic Devices and Components Thereof
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 March 24, 2016, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Creative Technology Ltd. of Singapore and Creative Labs, Inc. of
Milpitas, California. A supplement was filed on April 13, 2016. 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
portable electronic devices and components thereof by reason of
infringement of certain claims of U.S. Patent No. 6,928,433 (``the '433
patent''). The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainants request 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 (2015).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 5, 2016, 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 portable
electronic devices and components thereof by reason of infringement of
one or more of claims 2, 3, 5, 7, and 17-28 of the '433 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 or 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 set forth in 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 asserted claims of the '433 patent recite patent-eligible
subject matter under 35 U.S.C. 101. 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 Section 101
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 that the asserted claims of the '433 patent do not
recite patent-eligible subject matter under 35 U.S.C. 101 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 complainants are:
Creative Technology Ltd.
[[Page 29308]]
31 International Business Park
#03-01 Creative Resource
Singapore 609921
Creative Labs, Inc.
1901 McCarthy Boulevard
Milpitas, CA 95035
(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:
ZTE Corporation
ZTE Plaza
No. 55 Hi-Tech Road South Hi-Tech Industrial Park
Shenzen 518057
Guangdong, China
ZTE (USA) Inc.
2425 N. Central Expressway #323
Richardson, TX 75080
Sony Corporation
1-7-1 Konan, Minato-ku,
Tokyo 108-0075, Japan
Sony Mobile Communications, Inc.
W-building 1-8-15 Konan 1-chome
Minato-ku
Tokyo 108-0075, Japan
Sony Mobile Communications AB
(Mailing Address)
S[ouml]lvegatan 51,
223 62 Lund, Sweden
Sony Mobile Communications (USA), Inc.
3333 Piedmont Road NE #600
Atlanta, GA 30305
Samsung Electonics Co., Ltd.
1320-10, Seocho 2-dong Seocho-gu
Seoul, Republic of Korea
Samsung Electronics America, Inc.
85 Challenger Road
Ridgefield Park, NJ 07660
LG Electronics, Inc.
LG Twin Towers, 20 Yeouido-dong,
Yeongdeungpo-gu
Seoul 150-721, Republic of Korea
LG Electronics U.S.A., Inc.
1000 Sylvan Avenue
Englewood Cliffs, NJ 07632
LG Electronics Mobilecomm U.S.A., Inc.
10101 Old Grove Road
San Diego, CA 92131
Lenovo Group Ltd.
Shangdi Information Industry Base
No. 6 Chuang Ye Road, Haidan District
100085, Beijing, China
Lenovo (United States) Inc.
1009 Think Place
Morrisville, NC 27650
Motorola Mobility LLC
222 W. Merchandise Mart Plaza, Suite 1800
Chicago, IL 60654
HTC Corporation
23 Xinghua Road
Taoyuan 330, Taiwan
HTC America, Inc.
13920 SE Eastgate Way, Suite #200
Bellevue, WA 98005
Blackberry Ltd.
2200 University Avenue E
Waterloo, Ontario
Canada N2K 0A7
Blackberry Corporation
5000 Riverside Drive, Suite 100E
Irving, TX 75039
(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: May 5, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-11018 Filed 5-10-16; 8:45 am]
BILLING CODE 7020-02-P
