80_FR_53498 80 FR 53327 - Certain 3G Mobile Handsets and Components Thereof: Commission Determination Finding No Violation of Section 337; Termination of Investigation

80 FR 53327 - Certain 3G Mobile Handsets and Components Thereof: Commission Determination Finding No Violation of Section 337; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range53327-53328
FR Document2015-21896

Notice is hereby given that the U.S. International Trade Commission has found no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337 (``section 337'') in the above- referenced investigation. The investigation is terminated.

Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53327-53328]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21896]



[[Page 53327]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-613 REMAND]


Certain 3G Mobile Handsets and Components Thereof: Commission 
Determination Finding No Violation of Section 337; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found no violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. Sec.  1337 (``section 337'') in the above-
referenced investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-
613 on September 11, 2007, based on a complaint filed by InterDigital 
Communications Corp. of King of Prussia, Pennsylvania and InterDigital 
Technology Corp. of Wilmington, Delaware (collectively, 
``InterDigital'') on August 7, 2007. 72 FR 51838 (Sept. 11, 2007). The 
complaint, as amended, alleged violations of section 337 of the Tariff 
Act of 1930 (19 U.S.C. Sec.  1337) in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain 3G mobile handsets and components thereof 
by reason of infringement of certain claims of U.S. Patent Nos. 
7,117,004 (``the '004 patent''); 7,190,966 (``the '966 patent''); 
7,286,847 (``the '847 patent''); and 6,693,579 (``the '579 patent''). 
The Notice of Investigation named Nokia Corporation of Espoo, Finland 
(``Nokia'') and Nokia Inc. of Irving, Texas (``Nokia Inc.'') as 
respondents. The Office of Unfair Import Investigations (``OUII'') was 
named as a participating party. The Commission later amended the Notice 
of Investigation to substitute complainant InterDigital Communications, 
Inc. for InterDigital Communications Corp. Notice (Feb. 15, 2015); 
Order No. 53 (Jan. 14, 2015). The Commission also later amended the 
Notice of Investigation to add Microsoft Mobile OY (``MMO'') as a 
party. 79 FR 43068-69 (July 24, 2014).
    On February 13, 2009, InterDigital moved for summary determination 
that a domestic industry exists because its licensing activities in the 
United States satisfy the domestic industry requirement under 19 U.S.C. 
Sec.  1337(a)(3)(C). On March 10, 2009, the presiding Administrative 
Law Judge (``ALJ'') issued an initial determination (``ID'') (Order No. 
42) granting the motion. On April 9, 2009, the Commission determined 
not to review the ID. Notice (Apr. 9, 2009).
    On August 14, 2009, the ALJ issued his final ID, finding no 
violation of section 337. In particular, he found that the asserted 
claims of the patents-in-suit are not infringed and that they are not 
invalid. The ALJ further found no prosecution laches relating to the 
'004, '966, and '847 patents and that the '579 patent is not 
unenforceable.
    On October 16, 2009, the Commission determined to review the final 
ID in part. 74 FR 55068-69 (Oct. 26, 2009) (``Notice of Review''). In 
particular, although the Commission affirmed the ID's determination of 
no violation of section 337 and terminated the investigation, the 
Commission reviewed and modified the ID's claim construction of the 
term ``access signal'' found in the asserted claims of the '847 patent. 
The Commission also reviewed, but took no position on, the ID's 
construction of the term ``synchronize'' found in the asserted claims 
of the '847 patent. The Commission further reviewed, but took no 
position on, validity with respect to all of the asserted patents. The 
Commission did not review the ID's construction of the claim 
limitations ``code'' and ``increased power level'' in the asserted 
claims of the '966 and '847 patents.
    InterDigital timely appealed the Commission's final determination 
of no violation of section 337 as to claims 1, 3, 8, 9, and 11 of the 
'966 patent and claim 5 of the '847 patent to the Federal Circuit. 
Specifically, InterDigital appealed the final ID's unreviewed 
constructions of the claim limitations ``code'' and ``increased power 
level'' in the '966 and '847 patents. Respondent Nokia, the intervenor 
on appeal, raised as an alternate ground of affirmance the issue of 
whether the Commission correctly determined that InterDigital has a 
license-based domestic industry.
    On August 1, 2012, the Federal Circuit reversed the Commission's 
construction of the claim limitations ``code'' and ``increased power 
level'' in the '966 and '847 patents, reversed the Commission's 
determination of non-infringement as to the asserted claims of those 
patents, and remanded to the Commission for further proceedings. 
InterDigital Commc'ns, LLC v. Int'l Trade Comm'n., 690 F.3d 1318 (Fed. 
Cir. 2012). In particular, the Court rejected the final ID's 
construction of the ``code'' limitation as being limited to ``a 
spreading code or a portion of a spreading code'' and, instead, 
construed ``code'' as ``a sequence of chips'' and as ``broad enough to 
cover both a spreading code and a non-spreading code.'' Id. at 1323-27. 
The Court affirmed the Commission's determination that InterDigital has 
a domestic industry. Id. at 1329-30. Nokia subsequently filed a 
combined petition for panel rehearing and rehearing en banc on the 
issue of domestic industry. On January 10, 2013, the Court denied the 
petition and issued an additional opinion addressing several issues 
raised in Nokia's petition for rehearing. InterDigital Commc'ns, LLC v. 
Int'l Trade Comm'n, 707 F.3d 1295 (Fed. Cir. 2013). The Court's mandate 
issued on January 17, 2013, returning jurisdiction to the Commission.
    On February 4, 2013, the Commission issued an Order directing the 
parties to submit comments regarding what further proceedings must be 
conducted to comply with the Federal Circuit's remand. Commission Order 
(Feb. 4, 2013). On February 12, 2014, the Commission issued an Order 
and Opinion deciding certain aspects of the investigation and remanding 
other aspects to the Chief ALJ. 79 FR 9277-79 (Feb. 18, 2014); see also 
Comm'n Op. Remanding Investigation (Feb. 12, 2014); Comm'n Order 
Remanding Investigation (Feb. 12, 2014). On February 24, 2014, Nokia 
petitioned for reconsideration of the Commission's remand Order and 
Opinion. On March 24, 2014, the Commission granted in part the petition 
for reconsideration and issued a revised remand notice, order, and 
opinion, correcting the identification of the claims of the asserted 
patents at issue on remand. 79 FR 17571-73 (Mar. 28, 2014).

[[Page 53328]]

    On April 27, 2015, the ALJ issued his final initial determination 
on remand (``RID''). The ALJ found that the accused Nokia handsets meet 
the limitations ``generated using a same code'' and ``the message being 
transmitted only subsequent to the subscriber unit receiving the 
indication'' recited in the asserted claims of the '966 and '847 
patents. The ALJ also found that the pilot signal (P-CPICH) in the 3GPP 
standard practiced by the accused Nokia handsets satisfies the 
limitation ``synchronize to the pilot signal'' recited in the asserted 
claim of the '847 patent. The ALJ further found that the currently 
imported Nokia handsets, which contain chips that were not previously 
adjudicated, infringe the asserted claims of the '966 and '847 patents. 
The ALJ also found that there is no evidence of patent hold-up by 
InterDigital, but that there is evidence of reverse hold-up by the 
respondents. The ALJ found that the public interest does not preclude 
issuance of an exclusion order. The ALJ did not issue a Recommended 
Determination on remedy or bonding.
    On May 11, 2015, MMO and Nokia Inc. (collectively, ``MMO'') filed a 
petition for review of certain aspects of the RID, including 
infringement, domestic industry, and the public interest. Also on May 
11, 2015, Nokia filed a petition for review of the RID with respect to 
infringement, domestic industry, and whether the Commission has 
jurisdiction over Nokia following the sale of its handset business to 
MMO. Further on May 11, 2015, the Commission investigative attorney 
(``IA'') filed a petition for review of the RID's finding of 
infringement.
    On May 19, 2015, InterDigital filed a response to MMO's and the 
IA's petitions for review. Also on May 19, 2015, MMO filed a response 
to the IA's petition for review. Further on May 19, 2015, the IA filed 
a response to MMO's and Nokia's petitions for review.
    On June 3, 2015, InterDigital filed a statement on the public 
interest pursuant to Commission Rule 210.50(a)(4). Also on June 3, 
2015, several non-parties filed responses to the Commission Notice 
issued on May 4, 2015, including: United States Senator Robert Casey, 
Jr. of Pennsylvania; Microsoft Corporation; Intel Corporation, Cisco 
Systems, Inc., Dell Inc., and Hewlett-Packard Company; Innovation 
Alliance; and Ericsson Inc. See 80 FR 26295-96 (May 7, 2015). On June 
24, 2015, United States Senator Patrick J. Toomey of Pennsylvania also 
filed a response to the Commission's May 4, 2015, notice.
    On June 25, 2015, the Commission determined to review the RID in 
part. 80 FR 37656-658 (July 1, 2015). Specifically, the Commission 
determined to review the RID's findings concerning the application of 
the Commission's prior construction of the claim limitation 
``successively [transmits/transmitted] signals'' in Certain Wireless 
Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-
800 (``the 800 investigation'') and Certain Wireless Devices with 3G 
and/or 4G Capabilities and Components Thereof, Inv. No. 337-TA-868 
(``the 868 investigation''). The Commission also determined to review 
the RID with respect to whether the accused products satisfy the claim 
limitation ``successively [transmits/transmitted] signals'' as 
construed by the Commission in the 800 and 868 investigations. The 
Commission further determined to review the RID's public interest 
findings. 80 FR at 37657-658.
    On July 10, 2015, InterDigital, Respondents, and the IA submitted 
initial briefs in response to the Commission's notice of review 
concerning issues of violation, remedy, bonding, and the public 
interest. On July 20, 2015, the parties submitted response briefs.
    In response to the Commission's request for briefing on remedy, 
bonding, and the public interest, the following submitted briefing on 
July 10, 2015: Edith Ramirez, Federal Trade Commission Chairwoman; 
Ericsson Inc.; and Intel Corporation, Dell Inc., and Hewlett-Packard 
Company. On July 20, 2015, the following submitted responsive briefing: 
Maureen K. Ohlhausen and Joshua D. Wright, Commissioners of the Federal 
Trade Commission; and J. Gregory Sidak, Chairman of Criterion 
Economics.
    On July 20, 2015, Respondents filed a motion to strike the 
declaration of Dr. Jackson that InterDigital submitted as an attachment 
to its response to the Commission's notice. On July 23, 2015, the IA 
filed a response in support of the motion to strike. On July 30, 2015, 
InterDigital filed a response opposing the motion to strike.
    Having examined the record of this investigation, including the 
RID, the petitions for review, the responses thereto, and the parties' 
submissions on review, the Commission has determined to find no 
violation of section 337 with respect to the '966 and '847 patents.
    Specifically, the Commission finds that issue preclusion applies 
with respect to the proper construction of the claim limitation 
``successively [transmits/transmitted] signals'' based on the 
Commission's determination in Certain Wireless Devices with 3G and/or 
4G Capabilities and Components Thereof, Inv. No. 337-TA-868, which 
relies substantively on the Commission's determination in Certain 
Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 
337-TA-800, as affirmed by the United States Court of Appeals for the 
Federal Circuit (InterDigital Commc'ns, Inc. v. Int'l Trade Comm'n, 
2015 WL 669305 (Fed. Cir. Feb. 18. 2015)). The Commission further finds 
its prior constructions of the claim limitation ``successively 
[transmits/transmitted] signals'' in the 868 and 800 investigations are 
persuasive authority which the Commission should apply uniformly to the 
asserted patents.
    The Commission also finds that issue preclusion requires a finding 
of non-infringement with respect to the asserted claims of the '966 and 
'847 patents, and that the evidence in the record independently 
supports a finding of non-infringement with respect to the claim 
limitation ``successively [transmits/transmitted] signals as previously 
construed by the Commission in the 868 investigation.
    The Commission denies as moot Respondents motion to strike the 
declaration of Dr. Jackson.
    The investigation is terminated.
    The Commission will issue an opinion reflecting its decision within 
seven days of this notice.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. Sec.  
1337), and in Part 210 of the Commission's Rules of Practice and 
Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: August 28, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-21896 Filed 9-2-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                        Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices                                            53327

                                              INTERNATIONAL TRADE                                     6,693,579 (‘‘the ’579 patent’’). The                  constructions of the claim limitations
                                              COMMISSION                                              Notice of Investigation named Nokia                   ‘‘code’’ and ‘‘increased power level’’ in
                                                                                                      Corporation of Espoo, Finland (‘‘Nokia’’)             the ’966 and ’847 patents. Respondent
                                              [Investigation No. 337–TA–613 REMAND]
                                                                                                      and Nokia Inc. of Irving, Texas (‘‘Nokia              Nokia, the intervenor on appeal, raised
                                              Certain 3G Mobile Handsets and                          Inc.’’) as respondents. The Office of                 as an alternate ground of affirmance the
                                              Components Thereof: Commission                          Unfair Import Investigations (‘‘OUII’’)               issue of whether the Commission
                                              Determination Finding No Violation of                   was named as a participating party. The               correctly determined that InterDigital
                                              Section 337; Termination of                             Commission later amended the Notice                   has a license-based domestic industry.
                                              Investigation                                           of Investigation to substitute                           On August 1, 2012, the Federal
                                                                                                      complainant InterDigital                              Circuit reversed the Commission’s
                                              AGENCY: U.S. International Trade                        Communications, Inc. for InterDigital                 construction of the claim limitations
                                              Commission.                                             Communications Corp. Notice (Feb. 15,                 ‘‘code’’ and ‘‘increased power level’’ in
                                              ACTION: Notice.                                         2015); Order No. 53 (Jan. 14, 2015). The              the ’966 and ’847 patents, reversed the
                                                                                                      Commission also later amended the                     Commission’s determination of non-
                                              SUMMARY:    Notice is hereby given that                 Notice of Investigation to add Microsoft              infringement as to the asserted claims of
                                              the U.S. International Trade                            Mobile OY (‘‘MMO’’) as a party. 79 FR                 those patents, and remanded to the
                                              Commission has found no violation of                    43068–69 (July 24, 2014).                             Commission for further proceedings.
                                              section 337 of the Tariff Act of 1930, as                  On February 13, 2009, InterDigital                 InterDigital Commc’ns, LLC v. Int’l
                                              amended, 19 U.S.C. § 1337 (‘‘section                    moved for summary determination that                  Trade Comm’n., 690 F.3d 1318 (Fed.
                                              337’’) in the above-referenced                          a domestic industry exists because its                Cir. 2012). In particular, the Court
                                              investigation. The investigation is                     licensing activities in the United States             rejected the final ID’s construction of
                                              terminated.                                             satisfy the domestic industry                         the ‘‘code’’ limitation as being limited to
                                              FOR FURTHER INFORMATION CONTACT:                        requirement under 19 U.S.C.                           ‘‘a spreading code or a portion of a
                                              Megan M. Valentine, Office of the                       § 1337(a)(3)(C). On March 10, 2009, the               spreading code’’ and, instead, construed
                                              General Counsel, U.S. International                     presiding Administrative Law Judge                    ‘‘code’’ as ‘‘a sequence of chips’’ and as
                                              Trade Commission, 500 E Street SW.,                     (‘‘ALJ’’) issued an initial determination             ‘‘broad enough to cover both a spreading
                                              Washington, DC 20436, telephone (202)                   (‘‘ID’’) (Order No. 42) granting the                  code and a non-spreading code.’’ Id. at
                                              708–2301. Copies of non-confidential                    motion. On April 9, 2009, the                         1323–27. The Court affirmed the
                                              documents filed in connection with this                 Commission determined not to review                   Commission’s determination that
                                              investigation are or will be available for              the ID. Notice (Apr. 9, 2009).
                                                                                                                                                            InterDigital has a domestic industry. Id.
                                                                                                         On August 14, 2009, the ALJ issued
                                              inspection during official business                                                                           at 1329–30. Nokia subsequently filed a
                                                                                                      his final ID, finding no violation of
                                              hours (8:45 a.m. to 5:15 p.m.) in the                                                                         combined petition for panel rehearing
                                                                                                      section 337. In particular, he found that
                                              Office of the Secretary, U.S.                                                                                 and rehearing en banc on the issue of
                                                                                                      the asserted claims of the patents-in-suit
                                              International Trade Commission, 500 E                                                                         domestic industry. On January 10, 2013,
                                                                                                      are not infringed and that they are not
                                              Street SW., Washington, DC 20436,                                                                             the Court denied the petition and issued
                                                                                                      invalid. The ALJ further found no
                                              telephone (202) 205–2000. General                       prosecution laches relating to the ’004,              an additional opinion addressing
                                              information concerning the Commission                   ’966, and ’847 patents and that the ’579              several issues raised in Nokia’s petition
                                              may also be obtained by accessing its                   patent is not unenforceable.                          for rehearing. InterDigital Commc’ns,
                                              Internet server at http://www.usitc.gov.                   On October 16, 2009, the Commission                LLC v. Int’l Trade Comm’n, 707 F.3d
                                              The public record for this investigation                determined to review the final ID in                  1295 (Fed. Cir. 2013). The Court’s
                                              may be viewed on the Commission’s                       part. 74 FR 55068–69 (Oct. 26, 2009)                  mandate issued on January 17, 2013,
                                              electronic docket (EDIS) at http://                     (‘‘Notice of Review’’). In particular,                returning jurisdiction to the
                                              edis.usitc.gov. Hearing-impaired                        although the Commission affirmed the                  Commission.
                                              persons are advised that information on                 ID’s determination of no violation of                    On February 4, 2013, the Commission
                                              this matter can be obtained by                          section 337 and terminated the                        issued an Order directing the parties to
                                              contacting the Commission’s TDD                         investigation, the Commission reviewed                submit comments regarding what
                                              terminal on (202) 205–1810.                             and modified the ID’s claim                           further proceedings must be conducted
                                              SUPPLEMENTARY INFORMATION: The                          construction of the term ‘‘access signal’’            to comply with the Federal Circuit’s
                                              Commission instituted Inv. No. 337–                     found in the asserted claims of the ’847              remand. Commission Order (Feb. 4,
                                              TA–613 on September 11, 2007, based                     patent. The Commission also reviewed,                 2013). On February 12, 2014, the
                                              on a complaint filed by InterDigital                    but took no position on, the ID’s                     Commission issued an Order and
                                              Communications Corp. of King of                         construction of the term ‘‘synchronize’’              Opinion deciding certain aspects of the
                                              Prussia, Pennsylvania and InterDigital                  found in the asserted claims of the ’847              investigation and remanding other
                                              Technology Corp. of Wilmington,                         patent. The Commission further                        aspects to the Chief ALJ. 79 FR 9277–
                                              Delaware (collectively, ‘‘InterDigital’’)               reviewed, but took no position on,                    79 (Feb. 18, 2014); see also Comm’n Op.
                                              on August 7, 2007. 72 FR 51838 (Sept.                   validity with respect to all of the                   Remanding Investigation (Feb. 12,
                                              11, 2007). The complaint, as amended,                   asserted patents. The Commission did                  2014); Comm’n Order Remanding
                                              alleged violations of section 337 of the                not review the ID’s construction of the               Investigation (Feb. 12, 2014). On
                                              Tariff Act of 1930 (19 U.S.C. § 1337) in                claim limitations ‘‘code’’ and ‘‘increased            February 24, 2014, Nokia petitioned for
                                              the importation into the United States,                 power level’’ in the asserted claims of               reconsideration of the Commission’s
                                              the sale for importation, and the sale                  the ’966 and ’847 patents.                            remand Order and Opinion. On March
tkelley on DSK3SPTVN1PROD with NOTICES




                                              within the United States after                             InterDigital timely appealed the                   24, 2014, the Commission granted in
                                              importation of certain 3G mobile                        Commission’s final determination of no                part the petition for reconsideration and
                                              handsets and components thereof by                      violation of section 337 as to claims 1,              issued a revised remand notice, order,
                                              reason of infringement of certain claims                3, 8, 9, and 11 of the ’966 patent and                and opinion, correcting the
                                              of U.S. Patent Nos. 7,117,004 (‘‘the ’004               claim 5 of the ’847 patent to the Federal             identification of the claims of the
                                              patent’’); 7,190,966 (‘‘the ’966 patent’’);             Circuit. Specifically, InterDigital                   asserted patents at issue on remand. 79
                                              7,286,847 (‘‘the ’847 patent’’); and                    appealed the final ID’s unreviewed                    FR 17571–73 (Mar. 28, 2014).


                                         VerDate Sep<11>2014   14:42 Sep 02, 2015   Jkt 235001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\03SEN1.SGM   03SEN1


                                              53328                     Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices

                                                 On April 27, 2015, the ALJ issued his                FR 37656–658 (July 1, 2015).                          Thereof, Inv. No. 337–TA–868, which
                                              final initial determination on remand                   Specifically, the Commission                          relies substantively on the
                                              (‘‘RID’’). The ALJ found that the accused               determined to review the RID’s findings               Commission’s determination in Certain
                                              Nokia handsets meet the limitations                     concerning the application of the                     Wireless Devices with 3G Capabilities
                                              ‘‘generated using a same code’’ and ‘‘the               Commission’s prior construction of the                and Components Thereof, Inv. No. 337–
                                              message being transmitted only                          claim limitation ‘‘successively                       TA–800, as affirmed by the United
                                              subsequent to the subscriber unit                       [transmits/transmitted] signals’’ in                  States Court of Appeals for the Federal
                                              receiving the indication’’ recited in the               Certain Wireless Devices with 3G                      Circuit (InterDigital Commc’ns, Inc. v.
                                              asserted claims of the ’966 and ’847                    Capabilities and Components Thereof,                  Int’l Trade Comm’n, 2015 WL 669305
                                              patents. The ALJ also found that the                    Inv. No. 337–TA–800 (‘‘the 800                        (Fed. Cir. Feb. 18. 2015)). The
                                              pilot signal (P–CPICH) in the 3GPP                      investigation’’) and Certain Wireless                 Commission further finds its prior
                                              standard practiced by the accused Nokia                 Devices with 3G and/or 4G Capabilities                constructions of the claim limitation
                                              handsets satisfies the limitation                       and Components Thereof, Inv. No. 337–                 ‘‘successively [transmits/transmitted]
                                              ‘‘synchronize to the pilot signal’’ recited             TA–868 (‘‘the 868 investigation’’). The               signals’’ in the 868 and 800
                                              in the asserted claim of the ’847 patent.               Commission also determined to review                  investigations are persuasive authority
                                              The ALJ further found that the currently                the RID with respect to whether the                   which the Commission should apply
                                              imported Nokia handsets, which                          accused products satisfy the claim                    uniformly to the asserted patents.
                                              contain chips that were not previously                  limitation ‘‘successively [transmits/                    The Commission also finds that issue
                                              adjudicated, infringe the asserted claims               transmitted] signals’’ as construed by                preclusion requires a finding of non-
                                              of the ’966 and ’847 patents. The ALJ                   the Commission in the 800 and 868                     infringement with respect to the
                                              also found that there is no evidence of                 investigations. The Commission further                asserted claims of the ’966 and ’847
                                              patent hold-up by InterDigital, but that                determined to review the RID’s public                 patents, and that the evidence in the
                                              there is evidence of reverse hold-up by                 interest findings. 80 FR at 37657–658.                record independently supports a finding
                                              the respondents. The ALJ found that the                    On July 10, 2015, InterDigital,                    of non-infringement with respect to the
                                              public interest does not preclude                       Respondents, and the IA submitted                     claim limitation ‘‘successively
                                              issuance of an exclusion order. The ALJ                 initial briefs in response to the                     [transmits/transmitted] signals as
                                              did not issue a Recommended                             Commission’s notice of review                         previously construed by the
                                              Determination on remedy or bonding.                     concerning issues of violation, remedy,               Commission in the 868 investigation.
                                                 On May 11, 2015, MMO and Nokia                       bonding, and the public interest. On                     The Commission denies as moot
                                              Inc. (collectively, ‘‘MMO’’) filed a                    July 20, 2015, the parties submitted                  Respondents motion to strike the
                                              petition for review of certain aspects of               response briefs.                                      declaration of Dr. Jackson.
                                              the RID, including infringement,                           In response to the Commission’s                       The investigation is terminated.
                                              domestic industry, and the public                       request for briefing on remedy, bonding,                 The Commission will issue an
                                              interest. Also on May 11, 2015, Nokia                   and the public interest, the following                opinion reflecting its decision within
                                              filed a petition for review of the RID                  submitted briefing on July 10, 2015:                  seven days of this notice.
                                              with respect to infringement, domestic                  Edith Ramirez, Federal Trade                             The authority for the Commission’s
                                              industry, and whether the Commission                    Commission Chairwoman; Ericsson Inc.;                 determination is contained in section
                                              has jurisdiction over Nokia following                   and Intel Corporation, Dell Inc., and                 337 of the Tariff Act of 1930, as
                                              the sale of its handset business to MMO.                Hewlett-Packard Company. On July 20,                  amended (19 U.S.C. § 1337), and in Part
                                              Further on May 11, 2015, the                            2015, the following submitted                         210 of the Commission’s Rules of
                                              Commission investigative attorney                       responsive briefing: Maureen K.                       Practice and Procedure (19 CFR part
                                              (‘‘IA’’) filed a petition for review of the             Ohlhausen and Joshua D. Wright,                       210).
                                              RID’s finding of infringement.                          Commissioners of the Federal Trade
                                                 On May 19, 2015, InterDigital filed a                Commission; and J. Gregory Sidak,                       By order of the Commission.
                                              response to MMO’s and the IA’s                          Chairman of Criterion Economics.                        Issued: August 28, 2015.
                                              petitions for review. Also on May 19,                      On July 20, 2015, Respondents filed a              Lisa R. Barton,
                                              2015, MMO filed a response to the IA’s                  motion to strike the declaration of Dr.               Secretary to the Commission.
                                              petition for review. Further on May 19,                 Jackson that InterDigital submitted as an             [FR Doc. 2015–21896 Filed 9–2–15; 8:45 am]
                                              2015, the IA filed a response to MMO’s                  attachment to its response to the                     BILLING CODE 7020–02–P
                                              and Nokia’s petitions for review.                       Commission’s notice. On July 23, 2015,
                                                 On June 3, 2015, InterDigital filed a                the IA filed a response in support of the
                                              statement on the public interest                        motion to strike. On July 30, 2015,                   INTERNATIONAL TRADE
                                              pursuant to Commission Rule                             InterDigital filed a response opposing                COMMISSION
                                              210.50(a)(4). Also on June 3, 2015,                     the motion to strike.
                                              several non-parties filed responses to                     Having examined the record of this                 [Investigation No. TA–131–040]
                                              the Commission Notice issued on May                     investigation, including the RID, the
                                                                                                                                                            WTO Environmental Goods Trade
                                              4, 2015, including: United States                       petitions for review, the responses
                                                                                                                                                            Negotiations: Advice on the Probable
                                              Senator Robert Casey, Jr. of                            thereto, and the parties’ submissions on
                                                                                                                                                            Economic Effect of Providing Duty-
                                              Pennsylvania; Microsoft Corporation;                    review, the Commission has determined
                                                                                                                                                            Free Treatment, Second List of Articles
                                              Intel Corporation, Cisco Systems, Inc.,                 to find no violation of section 337 with
                                              Dell Inc., and Hewlett-Packard                          respect to the ’966 and ’847 patents.                 AGENCY:  United States International
                                              Company; Innovation Alliance; and                          Specifically, the Commission finds                 Trade Commission.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Ericsson Inc. See 80 FR 26295–96 (May                   that issue preclusion applies with                    ACTION: Institution of investigation,
                                              7, 2015). On June 24, 2015, United                      respect to the proper construction of the             scheduling of public hearing, and
                                              States Senator Patrick J. Toomey of                     claim limitation ‘‘successively                       opportunity to provide written
                                              Pennsylvania also filed a response to the               [transmits/transmitted] signals’’ based               submissions.
                                              Commission’s May 4, 2015, notice.                       on the Commission’s determination in
                                                 On June 25, 2015, the Commission                     Certain Wireless Devices with 3G and/                 SUMMARY: Following receipt of a request
                                              determined to review the RID in part. 80                or 4G Capabilities and Components                     dated August 20, 2015 (received August


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Document Created: 2015-12-15 09:56:30
Document Modified: 2015-12-15 09:56:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactMegan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2301. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation80 FR 53327 

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