80 FR 18254 - Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range		18254-18255
FR Document		2015-07646

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 26, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. Supplements to the complaint were filed on March 18, 2015, March 19, 2015, and March 24, 2015. 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 wireless communication devices, computers, tablet computers, digital media players, and cameras by reason of infringement of certain claims of U.S. Patent Nos. 6,633,550 (``the '550 patent''); 6,157,620 (``the '620 patent''); 6,029,052 (``the '052 patent''); 8,812,059 (``the '059 patent''); 6,291,966 (``the '966 patent''); and 6,122,263 (``the '263 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)

[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18254-18255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07646]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-952]


Certain Electronic Devices, Including Wireless Communication 
Devices, Computers, Tablet Computers, Digital Media Players, and 
Cameras; 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 February 26, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of 
Sweden. Supplements to the complaint were filed on March 18, 2015, 
March 19, 2015, and March 24, 2015. 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 wireless 
communication devices, computers, tablet computers, digital media 
players, and cameras by reason of infringement of certain claims of 
U.S. Patent Nos. 6,633,550 (``the '550 patent''); 6,157,620 (``the '620 
patent''); 6,029,052 (``the '052 patent''); 8,812,059 (``the '059 
patent''); 6,291,966 (``the '966 patent''); and 6,122,263 (``the '263 
patent''). The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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

[[Page 18255]]

http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://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 210.10 (2014).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 30, 2015, 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 electronic 
devices, including wireless communication devices, computers, tablet 
computers, digital media players, and cameras by reason of infringement 
of one or more of claims 1, 3, 4, 6-10, 12, 14, 16, and 17 of the '550 
patent; claims 1, 2, 33, and 36 of the '620 patent, claims 1-4, 6, 8-
16, and 18 of the '052 patent; claims 1-9 and 11-20 of the '059 patent; 
claims 1-17 of the '966 patent; and claims 39 and 40 of the '263 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)(l), 19 CFR 210.50(b)(l), 
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. 1337(d)(l), 
(f)(1), (g)(l);
    (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 Inc., 6300 Legacy Drive, Plano, 
TX 75024.
    Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, 
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., a/k/a Apple Computer, Inc., 1 Infinite Loop, 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
    (4) 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), 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 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.

    Issued: March 30, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-07646 Filed 4-2-15; 8:45 am]
 BILLING CODE 7020-02-P

18254 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices

prior to 4:30 p.m. should the council SUPPLEMENTARY INFORMATION: The INTERNATIONAL TRADE
conclude its presentations and Commission will conduct a public COMMISSION
discussions. Therefore, members of the hearing in the above-referenced review.
public interested in a particular agenda [Investigation No. 337–TA–952]
Since no respondents have participated
item or discussion should schedule in this second five-year review, the Certain Electronic Devices, Including
their arrival accordingly. public hearing will include only Wireless Communication Devices,
Written comments may be filed in counsel and industry witnesses Computers, Tablet Computers, Digital
advance of the meeting for the appearing on behalf of those interested Media Players, and Cameras;
California Desert District Advisory parties supporting continuation of the Institution of Investigation
Council, c/o Bureau of Land order. The hearing will include the
Management, External Affairs, 22835 usual public presentations by those AGENCY: U.S. International Trade
Calle San Juan de Los Lagos, Moreno supporting continuation of the order, Commission.
Valley, CA 92553. Written comments ACTION: Notice.
followed by public questions from the
also are accepted at the time of the
Commission.
meeting and, if copies are provided to SUMMARY: Notice is hereby given that a
the recorder, will be incorporated into Following the public questions, the complaint was filed with the U.S.
the minutes. Commission will conduct an in camera International Trade Commission on
FOR FURTHER INFORMATION CONTACT: session to pose questions concerning February 26, 2015, under section 337 of
Stephen Razo, BLM California Desert matters that involve business the Tariff Act of 1930, as amended, 19
District External Affairs, (951) 697– proprietary information (BPI). See 19 U.S.C. 1337, on behalf of Ericsson Inc.
5217. Persons who use a CFR 201.13(m)(2). During this session, of Plano, Texas and Telefonaktiebolaget
telecommunications device for the deaf appropriate members of the panel LM Ericsson of Sweden. Supplements to
(TDD) may call the Federal Information supporting continuation of the order the complaint were filed on March 18,
Relay Service (FIRS) at 1–800–877–8339 will have the opportunity to respond to 2015, March 19, 2015, and March 24,
to contact the above individual during the Commission’s questions but will not 2015. The complaint alleges violations
normal business hours. The FIRS is be allowed to make any further of section 337 based upon the
available 24 hours a day, 7 days a week, presentation. Following the in camera importation into the United States, the
to leave a message or question with the session, the hearing will be reopened to sale for importation, and the sale within
above individuals. You will receive a the public to permit those supporting the United States after importation of
reply during normal hours. continuation of the order to provide certain electronic devices, including
wireless communication devices,
Dated: March 19, 2015. closing remarks.
computers, tablet computers, digital
Teresa A. Raml, During the in camera session the media players, and cameras by reason of
California Desert District Manager. room will be cleared of all persons infringement of certain claims of U.S.
[FR Doc. 2015–07424 Filed 4–2–15; 8:45 am] except those who have been granted Patent Nos. 6,633,550 (‘‘the ’550
BILLING CODE 4310–40–P access to BPI under a Commission patent’’); 6,157,620 (‘‘the ’620 patent’’);
administrative protective order (APO) 6,029,052 (‘‘the ’052 patent’’); 8,812,059
and are included on the Commission’s (‘‘the ’059 patent’’); 6,291,966 (‘‘the ’966
INTERNATIONAL TRADE APO service list In this investigation. patent’’); and 6,122,263 (‘‘the ’263
COMMISSION See 19 CFR 201.35(b). All persons patent’’). The complaint further alleges
planning to attend the in camera that an industry in the United States
[Investigation No. 731–TA–1013 (Second portion of the hearing should be exists as required by subsection (a)(2) of
Review)] section 337.
prepared to present proper
identification. The Commission has The complainants request that the
Saccharin From China; Notice of
determined that publication of an earlier Commission institute an investigation
Commission Determination To
announcement of a closure of a portion and, after the investigation, issue a
Conduct a Portion of the Hearing in
of the hearing was not practicable. See limited exclusion order and a cease and
Camera
19 CFR 201.35(c)(1). desist order.
AGENCY: U.S. International Trade ADDRESSES: The complaint, except for
Commission. Authority: The Acting General Counsel has
any confidential information contained
certified, pursuant to Commission Rule
ACTION: Closure of a portion of a therein, is available for inspection
201.13(m)(2) (19 CFR 201.13(m)(2)) that, in
Commission hearing. during official business hours (8:45 a.m.
his opinion, a portion of the Commission’s
to 5:15 p.m.) in the Office of the
SUMMARY: The Commission has hearing in Saccharin from China, Inv. No.
731–TA–1013 (Second Review), may be
Secretary, U.S. International Trade
determined that it will conduct a Commission, 500 E Street SW., Room
portion of its hearing in the captioned closed to the public to prevent the disclosure
of BPI.
112, Washington, DC 20436, telephone
review scheduled for March 31, 2015 in (202) 205–2000. Hearing impaired
camera. Issued: March 30, 2015. individuals are advised that information
FOR FURTHER INFORMATION CONTACT: By order of the Commission. on this matter can be obtained by
David Goldfine, Attorney-Advisor, contacting the Commission’s TDD
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Lisa R. Barton,
Office of the General Counsel, U.S. Secretary to the Commission. terminal on (202) 205–1810. Persons
International Trade Commission, [FR Doc. 2015–07633 Filed 4–2–15; 8:45 am]
with mobility impairments who will
telephone (202) 708–5452. Hearing- need special assistance in gaining access
BILLING CODE 7020–02–P
impaired individuals are advised that to the Commission should contact the
information on this matter may be Office of the Secretary at (202) 205–
obtained by contacting the 2000. General information concerning
Commission’s TDD terminal on (202) the Commission may also be obtained
205–3105. by accessing its Internet server at

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Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices 18255

http://www.usitc.gov. The public record section 337, and is the party upon SUMMARY: Notice is hereby given that a
for this investigation may be viewed on which the complaint is to be served: complaint was filed with the U.S.
the Commission’s electronic docket Apple Inc., a/k/a Apple Computer, International Trade Commission on
(EDIS) at http://edis.usitc.gov. Inc., 1 Infinite Loop, Cupertino, CA February 26, 2015, under section 337 of
FOR FURTHER INFORMATION CONTACT: The 95014. the Tariff Act of 1930, as amended, 19
Office of Unfair Import Investigations, (c) The Office of Unfair Import U.S.C. 1337, on behalf of Ericsson Inc.
U.S. International Trade Commission, Investigations, U.S. International Trade of Plano, Texas and Telefonaktiebolaget
telephone (202) 205–2560. Commission, 500 E Street SW., Suite LM Ericsson of Sweden. A supplement
Authority: The authority for 401, Washington, DC 20436; and to the complaint was filed on March 18,
institution of this investigation is (4) For the investigation so instituted, 2015. The complaint alleges violations
contained in section 337 of the Tariff the Chief Administrative Law Judge, of section 337 based upon the
Act of 1930, as amended, and in section U.S. International Trade Commission, importation into the United States, the
210.10 of the Commission’s Rules of shall designate the presiding sale for importation, and the sale within
Practice and Procedure, 19 CFR 210.10 Administrative Law Judge. the United States after importation of
(2014). Responses to the complaint and the certain wireless standard compliant
Scope of Investigation: Having notice of investigation must be electronic devices, including
considered the complaint, the U.S. submitted by the named respondent in communication devices and tablet
International Trade Commission, on accordance with section 210.13 of the computers, by reason of infringement of
March 30, 2015, ordered that— Commission’s Rules of Practice and certain claims of U.S. Patent No.
(1) Pursuant to subsection (b) of Procedure, 19 CFR 210.13. Pursuant to 8,717,996 (‘‘the ’996 patent’’); U.S.
section 337 of the Tariff Act of 1930, as 19 CFR 201.16(e) and 210.13(a), such Patent No. 8,660,270 (‘‘the ’270 patent’’);
amended, an investigation be instituted responses will be considered by the U.S. Patent No. 6,058,359 (‘‘the ’359
to determine whether there is a Commission if received not later than 20 patent’’); U.S. Patent No. 6,301,556 (‘‘the
violation of subsection (a)(1)(B) of days after the date of service by the ’556 patent’’); U.S. Patent No. 8,102,805
section 337 in the importation into the Commission of the complaint and the (‘‘the ’805 patent’’); U.S. Patent No.
United States, the sale for importation, notice of investigation. Extensions of 8,607,130 (‘‘the ’130 patent’’); U.S.
or the sale within the United States after time for submitting responses to the Patent No. 8,837,381 (‘‘the ’381 patent’’);
importation of certain electronic complaint and the notice of and U.S. Patent No. 8,331,476 (‘‘the ’476
devices, including wireless investigation will not be granted unless patent’’). The complaint further alleges
communication devices, computers, good cause therefor is shown. that an industry in the United States
tablet computers, digital media players, Failure of the respondent to file a exists as required by subsection (a)(2) of
and cameras by reason of infringement timely response to each allegation in the section 337.
of one or more of claims 1, 3, 4, 6–10, complaint and in this notice may be The complainants request that the
12, 14, 16, and 17 of the ’550 patent; deemed to constitute a waiver of the Commission institute an investigation
claims 1, 2, 33, and 36 of the ’620 right to appear and contest the and, after the investigation, issue a
patent, claims 1–4, 6, 8–16, and 18 of allegations of the complaint and this limited exclusion order and a cease and
the ’052 patent; claims 1–9 and 11–20 notice, and to authorize the desist order.
of the ’059 patent; claims 1–17 of the administrative law judge and the ADDRESSES: The complaint, except for
’966 patent; and claims 39 and 40 of the Commission, without further notice to any confidential information contained
’263 patent and whether an industry in the respondent, to find the facts to be as therein, is available for inspection
the United States exists as required by alleged in the complaint and this notice during official business hours (8:45 a.m.
subsection (a)(2) of section 337; and to enter an initial determination to 5:15 p.m.) in the Office of the
(2) Pursuant to Commission Rule and a final determination containing Secretary, U.S. International Trade
210.50(b)(l), 19 CFR 210.50(b)(l), the such findings, and may result in the Commission, 500 E Street SW., Room
presiding administrative law judge shall issuance of an exclusion order or a cease 112, Washington, DC 20436, telephone
take evidence or other information and and desist order or both directed against (202) 205–2000. Hearing impaired
hear arguments from the parties and the respondent. individuals are advised that information
other interested persons with respect to Issued: March 30, 2015. on this matter can be obtained by
the public interest in this investigation, By order of the Commission. contacting the Commission’s TDD
as appropriate, and provide the terminal on (202) 205–1810. Persons
Lisa R. Barton,
Commission with findings of fact and a with mobility impairments who will
Secretary to the Commission.
recommended determination on this need special assistance in gaining access
[FR Doc. 2015–07646 Filed 4–2–15; 8:45 am] to the Commission should contact the
issue, which shall be limited to the
statutory public interest factors set forth BILLING CODE 7020–02–P Office of the Secretary at (202) 205–
in 19 U.S.C. 1337(d)(l), (f)(1), (g)(l); 2000. General information concerning
(3) For the purpose of the the Commission may also be obtained
INTERNATIONAL TRADE by accessing its Internet server at
investigation so instituted, the following COMMISSION
are hereby named as parties upon which http://www.usitc.gov. The public record
this notice of investigation shall be [Investigation No. 337–TA–953] for this investigation may be viewed on
served: the Commission’s electronic docket
asabaliauskas on DSK5VPTVN1PROD with NOTICES

(a) The complainants are: Ericsson Certain Wireless Standard Compliant (EDIS) at http://edis.usitc.gov.
Inc., 6300 Legacy Drive, Plano, TX Electronic Devices, Including FOR FURTHER INFORMATION CONTACT: The
75024. Communication Devices and Tablet Office of Unfair Import Investigations,
Telefonaktiebolaget LM Ericsson, Computers; Institution of Investigation U.S. International Trade Commission,
Torshamnsgatan 21, Kista, Stockholm, AGENCY: U.S. International Trade telephone (202) 205–2560.
Sweden. Commission. Authority: The authority for institution of
(b) The respondent is the following this investigation is contained in section 337
ACTION: Notice.
entity alleged to be in violation of of the Tariff Act of 1930, as amended, and

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Document Created: 2015-12-18 15:28:49
Document Modified: 2015-12-18 15:28:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		80 FR 18254