80 FR 9281 - Certain 3G Mobile Handsets and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion of Complainants Interdigital Communications Corp. and Interdigital Technology Corp. To Substitute Parties

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 34 (February 20, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 53) granting a motion of complainants InterDigital Communications Corp. of King of Prussia, Pennsylvania and InterDigital Technology Corp. of Wilmington, Delaware (collectively, ``InterDigital'') to substitute parties. The Notice of Investigation is amended accordingly.

[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)]
[Notices]
[Pages 9281-9282]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03513]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-613 (Remand)]


Certain 3G Mobile Handsets and Components Thereof; Commission 
Determination Not To Review an Initial Determination Granting a Motion 
of Complainants Interdigital Communications Corp. and Interdigital 
Technology Corp. To Substitute Parties

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 53) 
granting a motion of complainants InterDigital Communications Corp. of 
King of Prussia, Pennsylvania and InterDigital Technology Corp. of 
Wilmington, Delaware (collectively, ``InterDigital'') to substitute 
parties. The Notice of Investigation is amended accordingly.

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 
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, 
as amended, (19 U.S.C. 1337) (``section 337'') 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; 7,190,966 (``the '966 patent''); 7,286,847 
(``the '847 patent''); and 6,973,579. The Notice of Investigation named 
Nokia Corporation of Espoo, Finland and Nokia Inc. of Irving, Texas 
(collectively, ``Nokia'') as respondents. Id. The Office of Unfair 
Import Investigations was named as a participating party. Id. On July 
18, 2014, the Commission amended the Notice of Investigation (``NOI'') 
to add Microsoft Mobile OY (``MMO'') as a party. 79 FR 43068 (July 24, 
2014).
    On August 14, 2009, the ALJ issued his final ID, finding no 
violation of section 337. On October 16, 2009, the Commission 
determined to review the final ID in part and terminated the 
investigation with a finding of no violation. 74 FR 55068 (Oct. 26, 
2009).
    InterDigital timely appealed the Commission's final determination 
of no violation of section 337 as to all of the asserted claims of the 
'966 patent and claim 5 of the '847 patent to the U.S. Court of Appeals 
for the Federal Circuit. On August 1, 2012, the Federal Circuit 
reversed the Commission's construction of two claim limitations found 
in the appealed patents-in-suit, 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).
    On February 12, 2014, the Commission issued a Notice, Order, and 
Opinion deciding certain aspects of the investigation and remanding 
other aspects to the chief administrative law judge (``ALJ''). 79 FR 
9277 (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. 79 FR 17571 (Mar. 28, 
2014).
    On December 1, 2014, InterDigital filed a motion to substitute 
InterDigital Communications, Inc. for InterDigital Communications Corp. 
The motion stated that the Commission investigative

[[Page 9282]]

attorney did not oppose the motion. On December 11, 2014, respondents 
Nokia, Inc. and MMO (collectively ``Respondents'') filed an opposition 
to the motion.
    On January 14, 2014, the ALJ issued the subject ID, granting 
InterDigital's motion. On January 22, 2015, Respondents filed a 
petition for review of the subject ID. On January 29, 2015, 
InterDigital and the IA each filed responses to the petition. On 
February 10, 2015, Respondents filed a motion for leave to reply to 
InterDigital's response. On February 11, 2015, InterDigital filed an 
opposition to the motion.
    The Commission has determined not to review the subject ID. The 
Commission has further determined to not grant Respondents' motion for 
leave to file a reply.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: February 13, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-03513 Filed 2-19-15; 8:45 am]
BILLING CODE 7020-02-P