Certain Portable Electronic Devices and Components Thereof; Commission Determination Not To Review the 100-Day Initial Determination Finding the Asserted Claims of U.S. Patent No. 6,928,433 Invalid Under 35 U.S.C. 101; Termination of Investigation, 66295-66296 [2016-23243]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices request permission to present a short statement at the conference. Written Submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before October 14, 2016, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at https://edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Certification.—Pursuant to section 207.3 of the Commission’s rules, any person submitting information to the Commission in connection with these investigations must certify that the information is accurate and complete to the best of the submitter’s knowledge. In making the certification, the submitter will acknowledge that any information that it submits to the Commission during these investigations may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this/these or related investigations or reviews, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. By order of the Commission. VerDate Sep<11>2014 17:08 Sep 26, 2016 Jkt 238001 Issued: September 21, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–23207 Filed 9–26–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–994] Certain Portable Electronic Devices and Components Thereof; Commission Determination Not To Review the 100-Day Initial Determination Finding the Asserted Claims of U.S. Patent No. 6,928,433 Invalid Under 35 U.S.C. 101; 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 the 100-day initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding the asserted claims of U.S. Patent No. 6,928,433 invalid under 35 U.S.C. 101. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–4716. 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 Investigation No. 337–TA–994 on May 11, 2016, based on a complaint filed by Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California (collectively, ‘‘Creative’’). See 81 FR 29307 (May 11, 2016). The complaint alleges violations of section 337 of the Tariff Act of 1930, as SUMMARY: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 66295 amended (19 U.S.C. 1337), in 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 notice of investigation named the following respondents: ZTE Corporation of Guangdong, China; ZTE (USA) Inc. of Richardson, Texas; Sony Corporation of Tokyo, Japan; Sony Mobile Communications, Inc. of Tokyo, Japan; Sony Mobile Communications AB of Lund, Sweden; Sony Mobile Communications (USA), Inc. of Atlanta, Georgia; Samsung Electronics Co., Ltd. of Seoul, Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; LG Electronics, Inc. of Seoul, Republic of Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; LG Electronics Mobilecomm U.S.A., Inc. of San Diego, California; Lenovo Group Ltd. of Beijing, China; Lenovo (United States) Inc. of Morrisville, North Carolina; Motorola Mobility LLC of Chicago, Illinois; HTC Corporation of Taoyuan, Taiwan; HTC America, Inc. of Bellevue, Washington; Blackberry Ltd. of Waterloo, Ontario, Canada; and Blackberry Corporation of Irving, Texas (collectively, ‘‘Respondents’’). In addition, on May 19, 2016, the ALJ issued an initial determination granting Google Inc.’s (‘‘Intervenor’’) motion to intervene as a party in the investigation. See Order No. 5, unreviewed, Comm’n Notice (U.S.I.T.C. June 21, 2016). The Office of Unfair Import Investigations (OUII) is also a party to the investigation. The notice of investigation also directed the ALJ to ‘‘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’’ (i.e., the 100-day pilot program). See 81 FR 29307 (May 11, 2016). Accordingly, the ALJ conducted an evidentiary hearing on July 6–7, 2016, and on August 19, 2016, within 100 days of institution, the ALJ issued his ID finding that the asserted claims are directed to ineligible subject matter (i.e., invalid) under 35 U.S.C. 101. In addition, although the ID noted that construction of the disputed term ‘‘portable media player’’ was not necessary to decide patent-eligibility under 35 U.S.C. 101, the ALJ construed the term to mean ‘‘portable media playback device, as distinguished from a general-purpose device such as a handheld computer or a personal digital assistant.’’ E:\FR\FM\27SEN1.SGM 27SEN1 66296 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices On August 29, 2016, Creative filed a petition for review and on September 1, 2016, Respondents, Intervenor, and OUII filed replies in opposition to Creative’s petition. The Commission has determined not to review the ID. The investigation is terminated. 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: September 21, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–23243 Filed 9–26–16; 8:45 am] BILLING CODE 7020–02–P LIBRARY OF CONGRESS U.S. Copyright Office [Docket No. 2015–8] Section 1201 Study: Request for Additional Comments U.S. Copyright Office, Library of Congress. ACTION: Notice of Inquiry. AGENCY: The United States Copyright Office is requesting additional written comments in connection with its ongoing study on the operation of the statutory provisions regarding the circumvention of copyright protection systems. This request provides an opportunity for interested parties to address certain issues raised by various members of the public in response to the Office’s initial Notice of Inquiry. DATES: Written comments must be received no later than 11:59 p.m. Eastern Time on October 27, 2016. Written reply comments must be received no later than 11:59 p.m. Eastern Time on November 16, 2016. ADDRESSES: The Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office Web site at https:// copyright.gov/policy/1201/ commentsubmission/. If electronic submission of comments is not feasible, please contact the Office using the contact information below for special instructions. asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:08 Sep 26, 2016 Jkt 238001 FOR FURTHER INFORMATION CONTACT: Kevin R. Amer, Senior Counsel for Policy and International Affairs, by email at kamer@loc.gov or by telephone at 202–707–8350; or Regan A. Smith, Associate General Counsel, by email at resm@loc.gov or by telephone at 202– 707–8350. SUPPLEMENTARY INFORMATION: I. Background At the request of the Ranking Member of the House Committee on the Judiciary, the Copyright Office is conducting a study to assess the operation of section 1201 of title 17. In December 2015, the Office issued a Notice of Inquiry identifying several aspects of the statutory and regulatory framework that the Office believes are ripe for review, and inviting public comment on those and any other pertinent issues.1 The Notice provided for two rounds of written comments. In response, the Office received sixty-eight initial comments and sixteen reply comments.2 The Office then announced public roundtables on the topics addressed in the Notice and comments.3 These sessions, held in Washington, DC and San Francisco, California in May 2016, involved participation by more than thirty panelists, representing a wide range of interests and perspectives. Transcripts of the roundtables are available at https://copyright.gov/policy/ 1201/, and video recordings will be available at that location at a later date. In the written comments and during the roundtables, parties expressed a variety of views regarding whether legislative amendments to section 1201 may be warranted. Among other suggested changes, commenters discussed proposals to update the statute’s permanent exemption framework and to amend the antitrafficking provisions to permit thirdparty assistance with lawful circumvention activities. At this time, as explained below, the Office is interested in receiving additional stakeholder input on particular aspects of those proposals. In addition, parties submitted numerous and varied views regarding the triennial rulemaking process under section 1201(a)(1)(C); while the Office continues to thoroughly evaluate these comments in conducting its study, this 1 Section 1201 Study: Notice and Request for Public Comment, 80 FR 81369 (Dec. 29, 2015). 2 All comments may be accessed from the Copyright Office Web site at https://copyright.gov/ policy/1201/ by clicking the ‘‘Public Comments’’ tab, followed by the ‘‘Comments’’ link. 3 Software-Enabled Consumer Products Study and Section 1201 Study: Announcement of Public Roundtables, 81 FR 17206 (Mar. 28, 2016). PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 second Notice of Inquiry does not specifically address those issues. A party choosing to respond to this Notice of Inquiry need not address every topic below, but the Office requests that responding parties clearly identify and separately address those subjects for which a response is submitted. Parties also are invited to address any other pertinent issues that the Office should consider in conducting its study. II. Subjects of Inquiry 1. Proposals for New Permanent Exemptions a. Assistive Technologies for Use by Persons Who Are Blind, Visually Impaired, or Print Disabled. The written comments and roundtable discussions revealed widespread support for adoption of a permanent exemption to facilitate access to works in electronic formats by persons who are blind, visually impaired, or print disabled. The Office invites comment regarding specific provisions that commenters believe should be included in legislation proposing such an exemption. For example, the exemption for this purpose granted in the 2015 rulemaking permits circumvention of access controls applied to literary works distributed electronically, where the access controls ‘‘either prevent the enabling of read-aloud functionality or interfere with screen readers or other applications or assistive technologies.’’ 4 The exemption applies in the following circumstances: (i) When a copy of such a work is lawfully obtained by a blind or other person with a disability, as such a person is defined in 17 U.S.C. 121; provided, however, that the rights owner is remunerated, as appropriate, for the price of the mainstream copy of the work as made available to the general public through customary channels, or (ii) When such work is a nondramatic literary work, lawfully obtained and used by an authorized entity pursuant to 17 U.S.C. 121.5 The Office is interested in commenters’ views on whether this language would be appropriate for adoption as a permanent exemption, or whether there are specific changes or additional provisions that Congress may wish to consider. b. Device Unlocking. Some commenters advocated the adoption of a permanent exemption to permit circumvention of access controls on wireless devices for purposes of 4 Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 80 FR 65944, 65950 (Oct. 28, 2015) (‘‘2015 Final Rule’’). 5 Id. E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66295-66296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23243]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-994]


Certain Portable Electronic Devices and Components Thereof; 
Commission Determination Not To Review the 100-Day Initial 
Determination Finding the Asserted Claims of U.S. Patent No. 6,928,433 
Invalid Under 35 U.S.C. 101; 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 the 100-day initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding the asserted claims of U.S. Patent No. 6,928,433 
invalid under 35 U.S.C. 101. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-4716. 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 Investigation No. 
337-TA-994 on May 11, 2016, based on a complaint filed by Creative 
Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, 
California (collectively, ``Creative''). See 81 FR 29307 (May 11, 
2016). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337), in 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 notice of investigation 
named the following respondents: ZTE Corporation of Guangdong, China; 
ZTE (USA) Inc. of Richardson, Texas; Sony Corporation of Tokyo, Japan; 
Sony Mobile Communications, Inc. of Tokyo, Japan; Sony Mobile 
Communications AB of Lund, Sweden; Sony Mobile Communications (USA), 
Inc. of Atlanta, Georgia; Samsung Electronics Co., Ltd. of Seoul, 
Republic of Korea; Samsung Electronics America, Inc. of Ridgefield 
Park, New Jersey; LG Electronics, Inc. of Seoul, Republic of Korea; LG 
Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; LG 
Electronics Mobilecomm U.S.A., Inc. of San Diego, California; Lenovo 
Group Ltd. of Beijing, China; Lenovo (United States) Inc. of 
Morrisville, North Carolina; Motorola Mobility LLC of Chicago, 
Illinois; HTC Corporation of Taoyuan, Taiwan; HTC America, Inc. of 
Bellevue, Washington; Blackberry Ltd. of Waterloo, Ontario, Canada; and 
Blackberry Corporation of Irving, Texas (collectively, 
``Respondents''). In addition, on May 19, 2016, the ALJ issued an 
initial determination granting Google Inc.'s (``Intervenor'') motion to 
intervene as a party in the investigation. See Order No. 5, unreviewed, 
Comm'n Notice (U.S.I.T.C. June 21, 2016). The Office of Unfair Import 
Investigations (OUII) is also a party to the investigation.
    The notice of investigation also directed the ALJ to ``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'' (i.e., the 100-day pilot 
program). See 81 FR 29307 (May 11, 2016).
    Accordingly, the ALJ conducted an evidentiary hearing on July 6-7, 
2016, and on August 19, 2016, within 100 days of institution, the ALJ 
issued his ID finding that the asserted claims are directed to 
ineligible subject matter (i.e., invalid) under 35 U.S.C. 101. In 
addition, although the ID noted that construction of the disputed term 
``portable media player'' was not necessary to decide patent-
eligibility under 35 U.S.C. 101, the ALJ construed the term to mean 
``portable media playback device, as distinguished from a general-
purpose device such as a handheld computer or a personal digital 
assistant.''

[[Page 66296]]

    On August 29, 2016, Creative filed a petition for review and on 
September 1, 2016, Respondents, Intervenor, and OUII filed replies in 
opposition to Creative's petition.
    The Commission has determined not to review the ID. The 
investigation is terminated.
    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: September 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-23243 Filed 9-26-16; 8:45 am]
 BILLING CODE 7020-02-P
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