Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof; Institution of Investigation, 37210-37211 [2016-13671]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37210-37211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13671]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1004]


Certain Mobile and Portable Electronic Devices Incorporating 
Haptics (Including Smartphones and Laptops) and Components Thereof; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 5, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C.

[[Page 37211]]

Sec.  1337, on behalf of Immersion Corporation of San Jose, California. 
Supplements to the complaint were filed on May 9, May 16, and May 24, 
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 mobile and portable electronic devices incorporating haptics 
(including smartphones and laptops) and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,749,507 (``the '507 
patent''); U.S. Patent No. 7,808,488 (``the '488 patent''); U.S. Patent 
No. 7,336,260 (``the '260 patent''); and U.S. Patent No. 8,581,710 
(``the '710 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, 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 Sec.  210.10 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 3, 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 mobile and 
portable electronic devices incorporating haptics (including 
smartphones and laptops) and components thereof by reason of 
infringement of one or more of claims 1-5, 9-12, and 14-17 of the '507 
patent; claims 1, 2, 9, 10, 17, 18, 25-27, and 29 of the '488 patent; 
claims 1 and 2 of the '260 patent; and claims 1, 7-10, and 12 of the 
'710 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 Sec.  
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 set forth in 19 U.S.C. 
Sec. Sec.  1337(d)(1), (f)(1), (g)(1);
    (3) 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: Immersion Corporation, 50 Rio Robles, San 
Jose, CA 95134.
    (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:

Apple Inc., 1 Infinite Loop, Cupertino, CA 95014
AT&T Mobility LLC, 1025 Lenox Park Boulevard NE., Atlanta, GA 30319.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Chief Administrative Law Judge is authorized to consolidate 
Inv. No. 337-TA-990 and this investigation if he deems it appropriate.
    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 Sec.  210.13. 
Pursuant to 19 CFR Sec. Sec.  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: June 6, 2016.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2016-13671 Filed 6-8-16; 8:45 am]
 BILLING CODE 7020-02-P