80 FR 18255 - Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 64 (April 3, 2015)
Federal Register Volume 80, Issue 64 (April 3, 2015)
| Page Range | 18255-18256 | |
| FR Document | 2015-07647 |
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)] [Notices] [Pages 18255-18256] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07647] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-953] Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers; 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. A supplement to the complaint was filed on March 18, 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 wireless standard compliant electronic devices, including communication devices and tablet computers, by reason of infringement of certain claims of U.S. Patent No. 8,717,996 (``the '996 patent''); U.S. Patent No. 8,660,270 (``the '270 patent''); U.S. Patent No. 6,058,359 (``the '359 patent''); U.S. Patent No. 6,301,556 (``the '556 patent''); U.S. Patent No. 8,102,805 (``the '805 patent''); U.S. Patent No. 8,607,130 (``the '130 patent''); U.S. Patent No. 8,837,381 (``the '381 patent''); and U.S. Patent No. 8,331,476 (``the '476 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 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 [[Page 18256]] 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 wireless standard compliant electronic devices, including communication devices and tablet computers, by reason of infringement of one or more of claims 1, 2, 4, 6, 7, 9, 11-13, 15-19, 21, and 22 of the '996 patent; claims 7-12 and 18-23 of the '270 patent; claims 28-54 of the '359 patent; claims 1, 8-10, 12, 23, 24, 26, 27, 29-31, 38-40, 42, 49, 50, 52, 53, 57, 58, 64-66, and 68 of the '556 patent; claims 19, 20, 22-27, and 29-32 of the '805 patent; claims 1, 3, 5-8, 10, and 12-15 of the '130 patent; claims 1, 2, 4, 5, 7, 11, and 13-15 of the '381 patent; and claims 1, 3, 4, 6, 8, 9, 11, 12, 14, 16, 25, and 26 of the '476 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)(1), 19 CFR 210.50(b)(1), 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)(1), (f)(1), (g)(1). (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. A response 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 a response 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 a response 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. Issued: March 30, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-07647 Filed 4-2-15; 8:45 am] BILLING CODE 7020-02-P
![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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![18256 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Notices
in section 210.10 of the Commission’s Rules Commission, 500 E Street SW., Suite SUMMARY: The Department of Justice
of Practice and Procedure, 19 CFR 210.10 401, Washington, DC 20436; and (DOJ), Drug Enforcement
(2014). (4) For the investigation so instituted, Administration (DEA), will be
the Chief Administrative Law Judge, submitting the following information
Scope of Investigation: Having U.S. International Trade Commission, collection request to the Office of
considered the complaint, the U.S. shall designate the presiding Management and Budget (OMB) for
International Trade Commission, on Administrative Law Judge. review and approval in accordance with
March 30, 2015, ordered that— A response to the complaint and the the Paperwork Reduction Act of 1995.
(1) Pursuant to subsection (b) of notice of investigation must be This proposed information collection
section 337 of the Tariff Act of 1930, as submitted by the named respondent in was previously published in the Federal
amended, an investigation be instituted accordance with section 210.13 of the Register at 80 FR 6766, February 06,
to determine whether there is a Commission’s Rules of Practice and 2015, allowing for a 60 day comment
violation of subsection (a)(1)(B) of Procedure, 19 CFR 210.13. Pursuant to period.
section 337 in the importation into the 19 CFR 201.16(e) and 210.13(a), such a
United States, the sale for importation, DATES: Comments are encouraged and
response will be considered by the will be accepted for an additional 30
or the sale within the United States after Commission if received not later than 20
importation of certain wireless standard days until May 4, 2015.
days after the date of service by the
compliant electronic devices, including SUPPLEMENTARY INFORMATION: Written
Commission of the complaint and the
communication devices and tablet comments and suggestions from the
notice of investigation. Extensions of
computers, by reason of infringement of public and affected agencies concerning
time for submitting a response to the
one or more of claims 1, 2, 4, 6, 7, 9, the proposed collection of information
complaint and the notice of
11–13, 15–19, 21, and 22 of the ’996 are encouraged. Your comments should
investigation will not be granted unless
patent; claims 7–12 and 18–23 of the address one or more of the following
good cause therefor is shown.
’270 patent; claims 28–54 of the ’359 four points:
Failure of the respondent to file a
patent; claims 1, 8–10, 12, 23, 24, 26, 27, timely response to each allegation in the —Evaluate whether the proposed
29–31, 38–40, 42, 49, 50, 52, 53, 57, 58, complaint and in this notice may be collection of information is necessary
64–66, and 68 of the ’556 patent; claims deemed to constitute a waiver of the for the proper performance of the
19, 20, 22–27, and 29–32 of the ’805 right to appear and contest the functions of the agency, including
patent; claims 1, 3, 5–8, 10, and 12–15 allegations of the complaint and this whether the information will have
of the ’130 patent; claims 1, 2, 4, 5, 7, notice, and to authorize the practical utility;
11, and 13–15 of the ’381 patent; and administrative law judge and the —Evaluate the accuracy of the agency’s
claims 1, 3, 4, 6, 8, 9, 11, 12, 14, 16, 25, Commission, without further notice to estimate of the burden of the
and 26 of the ’476 patent; and whether the respondent, to find the facts to be as proposed collection of information,
an industry in the United States exists alleged in the complaint and this notice including the validity of the
as required by subsection (a)(2) of and to enter an initial determination methodology and assumptions used;
section 337; —Evaluate whether and if so how the
and a final determination containing
(2) Pursuant to Commission Rule quality, utility, and clarity of the
such findings, and may result in the
210.50(b)(1), 19 CFR 210.50(b)(1), the information proposed to be collected
issuance of an exclusion order or a cease
presiding administrative law judge shall can be enhanced; and
and desist order or both directed against
take evidence or other information and —Minimize the burden of the collection
the respondent.
hear arguments from the parties and of information on those who are to
By order of the Commission. respond, including through the use of
other interested persons with respect to
the public interest in this investigation, Issued: March 30, 2015. appropriate automated, electronic,
as appropriate, and provide the Lisa R. Barton, mechanical, or other forms of
Commission with findings of fact and a Secretary to the Commission. information technology, e.g.,
recommended determination on this [FR Doc. 2015–07647 Filed 4–2–15; 8:45 am] permitting electronic submission of
issue, which shall be limited to the BILLING CODE 7020–02–P
responses.
statutory public interest factors set forth Overview of This Information
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1). Collection
(3) For the purpose of the DEPARTMENT OF JUSTICE 1. Type of Information Collection:
investigation so instituted, the following Extension of a currently approved
are hereby named as parties upon which [OMB Number 1117–0024] collection.
this notice of investigation shall be 2. Title of the Form/Collection:
served: Agency Information Collection Reports of Regulated Transactions
(a) The complainants are: Ericsson Activities; Proposed eCollection, Involving Extraordinary Quantities,
Inc., 6300 Legacy Drive, Plano, TX eComments Requested; Extension Uncommon Methods of Payment, and
75024. Without Change of a Previously Unusual/Excessive Loss or
Telefonaktiebolaget LM Ericsson, Approved Collection; Reports of Disappearance, and Regulated
Torshamnsgatan 21, Kista, Stockholm, Regulated Transactions Involving Transactions in Tableting/Encapsulating
Sweden. Extraordinary Quantities, Uncommon Machines.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
(b) The respondent is the following Methods of Payment, and Unusual/ 3. The agency form number, if any,
entity alleged to be in violation of Excessive Loss or Disappearance, and and the applicable component of the
section 337, and is the party upon Regulated Transactions in Tableting/ Department sponsoring the collection:
which the complaint is to be served: Encapsulating Machines Notification of extraordinary quantities,
Apple Inc., a/k/a Apple Computer, Inc., AGENCY: Drug Enforcement uncommon methods of payment, and
1 Infinite Loop, Cupertino, CA 95014. Administration, Department of Justice. unusual/excessive loss or disappearance
(c) The Office of Unfair Import of listed chemicals and regulated
ACTION: 30-day notice.
Investigations, U.S. International Trade transactions in tableting/encapsulating
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Document Created: 2015-12-18 15:28:33
Document Modified: 2015-12-18 15:28:33
| 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 18255 |
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