Certain Mobile Phones, Tablet Computers, Smart Watches, Smart Speakers, and Digital Media Players, and Products Containing Same; Institution of Investigation, 10385-10386 [2022-03881]

Download as PDF jspears on DSK121TN23PROD with NOTICES1 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Notices statutory public interest factors set forth in 19 U.S.C. 1337(d)(l), (f)(1), (g)(1); (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: Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024; Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, SE–164 83 Stockholm, Sweden; (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Apple, Inc., 1 Apple Park Way, Cupertino, CA 95014; (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 respondent 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), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainants 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 the 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. VerDate Sep<11>2014 16:46 Feb 23, 2022 Jkt 256001 Issued: February 17, 2022. Lisa Barton, Secretary to the Commission. [FR Doc. 2022–03883 Filed 2–23–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1300] Certain Mobile Phones, Tablet Computers, Smart Watches, Smart Speakers, and Digital Media Players, and Products Containing Same; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on February 2 and February 7, 2022. 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 phones, tablet computers, smart watches, smart speakers, and digital media players, and products containing same by reason of infringement of certain claims of U.S. Patent No. 7,151,430 (‘‘the ’430 patent’’); U.S. Patent No. 9,509,273 (‘‘the ’273 patent’’); U.S. Patent No. 9,853,621 (‘‘the ’621 patent’’); U.S. Patent No. 7,957,770 (‘‘the ’770 patent’’); and U.S. Patent No. 9,705,400 (‘‘the ’400 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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 SUMMARY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 10385 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. FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2021). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 17, 2022, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 2, 3, 5–8, and 11–18 of the ’430 patent; claims 1–3, 7, 12, and 18 of the ’273 patent; claims 1, 9, 10, 12–14, 18, and 20 of the ’621 patent; claims 1, 2, 4, 7– 10, 12, 15, and 16 of the ’770 patent; and claims 1, 2, 8, 10, 13, and 15 of the ’400 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘Apple mobile phones, tablet computers, smart watches, smart speakers, and digital Media Players, and products containing same’’; (3) Pursuant to Commission Rule 210.50(b)(l), 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. l337(d)(l), (f)(1), (g)(1); (4) For the purpose of the investigation so instituted, the following E:\FR\FM\24FEN1.SGM 24FEN1 10386 Federal Register / Vol. 87, No. 37 / Thursday, February 24, 2022 / Notices are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: INTERNATIONAL TRADE COMMISSION Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024 Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, SE–164 83 Stockholm Sweden Certain Mobile Phones and Tablet Computers, All With Switchable Connectivity Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337 jspears on DSK121TN23PROD with NOTICES1 (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: [FR Doc. 2022–03881 Filed 2–23–22; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:46 Feb 23, 2022 Jkt 256001 [Investigation No. 337–TA–1301] U.S. International Trade Commission. ACTION: Notice. AGENCY: Apple Inc., One Apple Park Way, Cupertino, California 95014 (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 respondent 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), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainants 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/the 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: February 17, 2022. Lisa Barton, Secretary to the Commission. SUPPLEMENTARY INFORMATION: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 18, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on February 7, 2022. The complaint 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 phones and tablet computers, all with switchable connectivity, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,792,454 (the ’454 patent); U.S. Patent No. 10,880,794 (‘‘the ’794 patent’’); and U.S. Patent No. 8,472,999 (‘‘the ’999 patent). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist order. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2021). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 17, 2022, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1, 4, 6, and 8 of the ’454 patent; claims 11– 20 of the ’794 patent; and claims 11–19 of the ’999 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘Apple mobile phones and tablet computers, all with switchable connectivity’’; (3) Pursuant to Commission Rule 210.50(b)(l), 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. l337(d)(l), (f)(1), (g)(1); (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: Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024, Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, SE–164 83 Stockholm, Sweden. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Apple Inc., One Apple Park Way, Cupertino, California 95014; (c) The Office of Unfair Import Investigations, U.S. International Trade E:\FR\FM\24FEN1.SGM 24FEN1

Agencies

[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Notices]
[Pages 10385-10386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03881]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1300]


Certain Mobile Phones, Tablet Computers, Smart Watches, Smart 
Speakers, and Digital Media Players, 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 January 18, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. 
of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. 
Supplements were filed on February 2 and February 7, 2022. 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 phones, tablet computers, smart watches, smart speakers, and 
digital media players, and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 7,151,430 (``the '430 
patent''); U.S. Patent No. 9,509,273 (``the '273 patent''); U.S. Patent 
No. 9,853,621 (``the '621 patent''); U.S. Patent No. 7,957,770 (``the 
'770 patent''); and U.S. Patent No. 9,705,400 (``the '400 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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.

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

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 17, 2022, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 2, 3, 5-8, and 11-18 of the '430 patent; claims 1-3, 7, 12, and 
18 of the '273 patent; claims 1, 9, 10, 12-14, 18, and 20 of the '621 
patent; claims 1, 2, 4, 7-10, 12, 15, and 16 of the '770 patent; and 
claims 1, 2, 8, 10, 13, and 15 of the '400 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``Apple mobile phones, 
tablet computers, smart watches, smart speakers, and digital Media 
Players, and products containing same'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 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. l337(d)(l), 
(f)(1), (g)(1);
    (4) For the purpose of the investigation so instituted, the 
following

[[Page 10386]]

are hereby named as parties upon which this notice of investigation 
shall be served:
    (a) The complainants are:

Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, SE-164 83 
Stockholm Sweden

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Apple Inc., One Apple Park Way, Cupertino, California 95014
    (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 respondent 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants 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/the 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: February 17, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03881 Filed 2-23-22; 8:45 am]
BILLING CODE 7020-02-P