Certain Mobile Phones, Components Thereof, and Products Containing Same; Notice of Institution of Investigation, 80336-80337 [2023-25451]

Download as PDF 80336 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 1930 (‘‘the Act’’), that revocation of the antidumping duty order on silicon metal from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted this review on May 1, 2023 (88 FR 26595) and determined on August 4, 2023 that it would conduct an expedited review (88 FR 61613, September 7, 2023). The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on November 14, 2023. The views of the Commission are contained in USITC Publication 5473 (November 2023), entitled Silicon Metal from China: Investigation No. 731–TA–472 (Fifth Review). By order of the Commission. Issued: November 14, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–25469 Filed 11–16–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1375] Certain Mobile Phones, Components Thereof, and Products Containing Same; Notice of 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 October 11, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on October 31, 2023 and November 9, 2023. 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, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 10,425,817 (‘‘the ’817 patent’’); U.S. Patent No. 10,306,669 (‘‘the ’669 patent’’); U.S. Patent No. 11,317,342 (‘‘the ’342 patent’’); and U.S. Patent No. 11,515,893 (‘‘the ’893 patent’’). The complaint further alleges that an industry in the khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 United States exists or is in the process of being established as required by the applicable Federal Statute. 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, 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 M. Proctor, The 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 (2023). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 13, 2023, 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 10–16 of the ’817 patent; claims 1–23 of the ’669 patent; claims 1–18 and 34–40 of the ’342 patent; and claims 1–12 of the ’893 patent, and whether an industry in the United States exists or is in the process of being established 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 investigation, is ‘‘mobile phones and smartphones capable of operating in a 5G network’’; (3) 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); (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: Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, Stockholm, Sweden (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: Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800, Chicago, Illinois 60654 Lenovo (United States) Inc., 1009 Think Place, Building One, Morrisville, NC 27560 Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong SAR Motorola (Wuhan) Mobility Technologies, Communication Co., LTD., 19 Gaoxin 4th Road, Donghu New Technology Development Zone, Hubei 430205 Wuhan, China (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), 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 complainant of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 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: November 14, 2023. Lisa Barton, Secretary to the Commission. [FR Doc. 2023–25451 Filed 11–16–23; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation. No. 337–TA–1376] Certain Electronic Devices, Including Mobile Phones, Tablets, Laptops, Components Thereof, and Products Containing the Same; Notice of Institution of Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 12, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ericsson AB of Sweden and Telefonaktiebolaget LM Ericsson of Sweden. Supplements to the Complaint were filed on October 31, 2023 and November 9, 2023. 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 electronic devices, including mobile phones, tablets, laptops, components thereof, and products containing the same by reason of the 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. 9,313,178 (‘‘the ’178 patent’’); U.S. Patent No. 11,122,313 (‘‘the ’313 patent’’); and U.S. Patent No. 10,972,654 (‘‘the ’654 patent’’). The complaint khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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, 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: Katherine Hiner, The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205–1802. 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 (2023). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 13, 2023, 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 2–8, 11, and 13–18 of the ’430 patent; claims 1–4, 7–10, 12–14, 16, and 18 of the ’273 patent; claims 1–5 and 16–18 of the ’178 patent; claims 1–4, 6, 11–14, and 16 of the ’313 patent; and claims 1, 3, 9, 10, 15, and 16 of the ’654 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 80337 products, which defines the scope of the investigation, is ‘‘mobile phones, tablet computers, laptop computers, components thereof and products containing the same’’; (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 complainants are: Ericsson AB, Torshamnsgatan 23, Kista, Stockholm, Sweden Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, Stockholm, Sweden (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: Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800, Chicago, Illinois 60654 Lenovo (United States) Inc., 1009 Think Place, Building One, Morrisville, NC 27560 Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong SAR Lenovo (Shanghai) Electronics, Technology Co., Ltd., Part 304–305, Building 4, No. 222, Meiyue Road, Pilot Free Trade Zone, Pudong, New District, Shang Hai Shi, 200131 Shanghai Lenovo Beijing Co., Limited, 6 Chuang ye Road, Haidian District, Beijing 100085, China Lenovo PC HK Limited, 23/F., Lincoln House, Taikoo Place, 979 King’s Road, Hong Kong Lenovo Information Products, (Shenzhen) Co. Ltd., Fuitan Trade Zone, ISH2 Building, No. 3, Guanglan Road, 518038 Shenzhen Motorola (Wuhan) Mobility, Technologies Communication Company, Limited, 19, Gaoxin 4th Road, Donghu New, Technology Development Zone, Hubei, 430205 Wuhan, China (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations is not participating as a party to this investigation. 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), as amended in 85 FR 15798 (March 19, E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80336-80337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25451]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1375]


Certain Mobile Phones, Components Thereof, and Products 
Containing Same; Notice of 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 October 11, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of 
Telefonaktiebolaget LM Ericsson of Sweden. Supplements were filed on 
October 31, 2023 and November 9, 2023. 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, components thereof, and products 
containing same by reason of the infringement of certain claims of U.S. 
Patent No. 10,425,817 (``the '817 patent''); U.S. Patent No. 10,306,669 
(``the '669 patent''); U.S. Patent No. 11,317,342 (``the '342 
patent''); and U.S. Patent No. 11,515,893 (``the '893 patent''). The 
complaint further alleges that an industry in the United States exists 
or is in the process of being established as required by the applicable 
Federal Statute. 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, 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 M. Proctor, The 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 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 13, 2023, 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 10-16 of the '817 patent; claims 1-23 of the '669 patent; claims 
1-18 and 34-40 of the '342 patent; and claims 1-12 of the '893 patent, 
and whether an industry in the United States exists or is in the 
process of being established 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 ``mobile phones and 
smartphones capable of operating in a 5G network'';
    (3) 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);
    (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:
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, Stockholm, 
Sweden

    (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:

    Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800, 
Chicago, Illinois 60654
Lenovo (United States) Inc., 1009 Think Place, Building One, 
Morrisville, NC 27560
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979 
King's Road, Quarry Bay, Hong Kong SAR
Motorola (Wuhan) Mobility Technologies, Communication Co., LTD., 19 
Gaoxin 4th Road, Donghu New Technology Development Zone, Hubei 430205 
Wuhan, China

    (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), 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 
complainant of the complaint and the notice of investigation. 
Extensions of time for submitting responses to the complaint

[[Page 80337]]

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: November 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-25451 Filed 11-16-23; 8:45 am]
BILLING CODE 7020-02-P


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