Summary of Commission Practice Relating to Administrative Protective Orders
Since February 1991, the U.S. International Trade Commission (``Commission'') has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (``APOs'') in investigations under Title VII of the Tariff Act of 1930 in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under Title VII and violations of the Commission's rules including the rule on bracketing business proprietary information (``BPI'') (the ``24-hour rule''), 19 CFR 207.3(c). There were no completed investigations of rule violations during calendar year 2005. This notice provides a summary of investigations completed during calendar year 2005 of breaches in proceedings under Title VII, section 421 of the Trade Act of 1974, as amended, section 337 of the Tariff Act of 1930, as amended, and one conducted under the procedures for imposing sanctions for violation of the provisions of a protective order issued during NAFTA dispute resolution panel and Extraordinary Challenge Committee proceedings. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken.
Certain Mobile Telephone Handsets, Wireless Communication Devices, and Components Thereof; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 9, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of QUALCOMM Incorporated of San Diego, California. A supplement to the complaint was filed on June 27, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain mobile telephone handsets, wireless communication devices, and components thereof by reason of infringement of claims 1, 3, and 4 of U.S. Patent No. 5,452,473; claim 1 of U.S. Patent No. 5,590,408; claims 2, 7, and 8 of U.S. Patent No. 5,655,220; claims 1, 6, 9, 18, 23, and 24 of U.S. Patent No. 5,576,767; claims 3, 4, 13, 59, and 60 of U.S. Patent No. 5,542,104; and claims 1 and 7 of U.S. Patent No. 6,453,182. 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 permanent exclusion order and a permanent cease and desist order.