81 FR 14889 - Certain Mobile Electronic Devices Incorporating Haptics (Including Smartphones and Smartwatches) and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 53 (March 18, 2016)
Federal Register Volume 81, Issue 53 (March 18, 2016)
| Page Range | 14889-14890 | |
| FR Document | 2016-06112 |
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)] [Notices] [Pages 14889-14890] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06112] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-990] Certain Mobile Electronic Devices Incorporating Haptics (Including Smartphones and Smartwatches) and Components Thereof; 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 11, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Immersion Corporation of San Jose, California. A supplement to the complaint was filed on February 24, 2016. The complaint, as supplemented, 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 mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,773,356 (``the '356 patent''); U.S. Patent No. 8,619,051 (``the '051 patent''); and U.S. Patent No. 8,659,571 (``the '571 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, as supplemented, 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 in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2015). Scope of investigation: Having considered the complaint, the U.S. International Trade Commission, on March 14, 2016, 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 mobile electronic devices incorporating haptics (including smartphones and smartwatches) and components thereof by reason of infringement of one or more of claims 1-3, 5, 7, 9-13, 15, 17, 19-23, 25, and 26 of the '356 patent; claims 1-3 and 5-15 of the '051 patent; and claims 1-7, 12-18, and 23-29 of the '571 patent, and whether an industry in the United [[Page 14890]] 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 complainant is: Immersion Corporation, 50 Rio Robles, San Jose, CA 95134. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014. AT&T Inc., 208 South Akard Street, Dallas, TX 75202. AT&T Mobility LLC, 1025 Lenox Park Boulevard NE., Atlanta, GA 30319. (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 respondents 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 a 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 14, 2016. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2016-06112 Filed 3-17-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices 14889
Commencement of Final Phase Notice of the institution of the U.S. Patent No. 8,619,051 (‘‘the ’051
Investigations Commission’s investigations and of a patent’’); and U.S. Patent No. 8,659,571
Pursuant to section 207.18 of the public conference to be held in (‘‘the ’571 patent’’). The complaint
Commission’s rules, the Commission connection therewith was given by further alleges that an industry in the
also gives notice of the commencement posting copies of the notice in the Office United States exists as required by
of the Secretary, U.S. International subsection (a)(2) of section 337.
of the final phase of its investigations.
Trade Commission, Washington, DC, The complainant requests that the
The Commission will issue a final phase
and by publishing the notice in the Commission institute an investigation
notice of scheduling, which will be and, after the investigation, issue a
published in the Federal Register as Federal Register of February 4, 2016 (81
FR 6042). The conference was held in limited exclusion order and cease and
provided in section 207.21 of the desist orders.
Commission’s rules, upon notice from Washington, DC, on February 19, 2016,
and all persons who requested the ADDRESSES: The complaint, as
the Department of Commerce
opportunity were permitted to appear in supplemented, except for any
(‘‘Commerce’’) of affirmative
person or by counsel. confidential information contained
preliminary determinations in the
The Commission made these therein, is available for inspection
investigations under sections 703(b) or
determinations pursuant to sections during official business hours (8:45 a.m.
733(b) of the Act, or, if the preliminary
703(a) and 733(a) of the Tariff Act of to 5:15 p.m.) in the Office of the
determinations are negative, upon
1930 (19 U.S.C. 1671b(a) and 1673b(a)). Secretary, U.S. International Trade
notice of affirmative final
It completed and filed its Commission, 500 E Street SW., Room
determinations in those investigations
determinations in these investigations 112, Washington, DC 20436, telephone
under sections 705(a) or 735(a) of the
on March 14, 2016. The views of the (202) 205–2000. Hearing impaired
Act. Parties that filed entries of
Commission are contained in USITC individuals are advised that information
appearance in the preliminary phase of on this matter can be obtained by
Publication 4601 (March 2016), entitled
the investigations need not enter a contacting the Commission’s TDD
Truck and Bus Tires from China:
separate appearance for the final phase terminal on (202) 205–1810. Persons
Investigation Nos. 701–TA–556 and
of the investigations. Industrial users, with mobility impairments who will
731–TA–1311 (Preliminary).
and, if the merchandise under need special assistance in gaining access
investigation is sold at the retail level, By order of the Commission.
to the Commission should contact the
representative consumer organizations Issued: March 15, 2016.
Office of the Secretary at (202) 205–
have the right to appear as parties in Lisa R. Barton, 2000. General information concerning
Commission antidumping and Secretary to the Commission. the Commission may also be obtained
countervailing duty investigations. The [FR Doc. 2016–06122 Filed 3–17–16; 8:45 am] by accessing its internet server at
Secretary will prepare a public service BILLING CODE 7020–02–P http://www.usitc.gov. The public record
list containing the names and addresses for this investigation may be viewed on
of all persons, or their representatives, the Commission’s electronic docket
who are parties to the investigations. INTERNATIONAL TRADE (EDIS) at http://edis.usitc.gov.
Background COMMISSION FOR FURTHER INFORMATION CONTACT: The
On January 29, 2016, the United Steel, [Inv. No. 337–TA–990] Office of Unfair Import Investigations,
Paper and Forestry, Rubber, U.S. International Trade Commission,
Certain Mobile Electronic Devices telephone (202) 205–2560.
Manufacturing, Energy, Allied
Incorporating Haptics (Including Authority: The authority for institution of
Industrial and Service Workers
Smartphones and Smartwatches) and this investigation is contained in section 337
International Union, Pittsburgh, PA
Components Thereof; Institution of of the Tariff Act of 1930, as amended, and
filed a petition with the Commission
Investigation in section 210.10 of the Commission’s Rules
and Commerce, alleging that an industry of Practice and Procedure, 19 CFR 210.10
in the United States is materially AGENCY: U.S. International Trade (2015).
injured or threatened with material Commission.
injury by reason of LTFV and ACTION: Notice. Scope of investigation: Having
subsidized imports of truck and bus considered the complaint, the U.S.
tires from China. Accordingly, effective SUMMARY: Notice is hereby given that a International Trade Commission, on
January 29, 2016, the Commission, complaint was filed with the U.S. March 14, 2016, ordered that—
pursuant to sections 703(a) and 733(a) of International Trade Commission on (1) Pursuant to subsection (b) of
the Tariff Act of 1930 (19 U.S.C. February 11, 2016, under section 337 of section 337 of the Tariff Act of 1930, as
1671b(a) and 1673b(a)), instituted the Tariff Act of 1930, as amended, 19 amended, an investigation be instituted
countervailing duty investigation No. U.S.C. 1337, on behalf of Immersion to determine whether there is a
701–TA–556 and antidumping duty Corporation of San Jose, California. A violation of subsection (a)(1)(B) of
investigation No. 731–TA–1311 supplement to the complaint was filed section 337 in the importation into the
(Preliminary). on February 24, 2016. The complaint, as United States, the sale for importation,
supplemented, alleges violations of or the sale within the United States after
K. Schmidtlein determine that there is a reasonable section 337 based upon the importation importation of certain mobile electronic
indication that the domestic industry is materially into the United States, the sale for devices incorporating haptics (including
asabaliauskas on DSK3SPTVN1PROD with NOTICES
injured by reason of subject imports.
3 Commissioner David S. Johanson determines
importation, and the sale within the smartphones and smartwatches) and
that there is a reasonable indication that the United States after importation of components thereof by reason of
domestic industry is threatened with material certain mobile electronic devices infringement of one or more of claims
injury by reason of subject imports. incorporating haptics (including 1–3, 5, 7, 9–13, 15, 17, 19–23, 25, and
4 Chairman Meredith M. Broadbent and
smartphones and smartwatches) and 26 of the ’356 patent; claims 1–3 and 5–
Commissioner F. Scott Kieff determine that there is
no reasonable indication that a domestic industry
components thereof by reason of 15 of the ’051 patent; and claims 1–7,
is materially injured or threatened with material infringement of certain claims of U.S. 12–18, and 23–29 of the ’571 patent, and
injury by reason of subject imports. Patent No. 8,773,356 (‘‘the ’356 patent’’); whether an industry in the United
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![14890 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices
States exists as required by subsection and to enter an initial determination suspended her nursing and advance
(a)(2) of section 337; and a final determination containing practice nursing licenses. Id. Instead,
(2) Pursuant to Commission Rule such findings, and may result in the Respondent objected to the proposed
210.50(b)(1), 19 CFR 210.50(b)(1), the issuance of an exclusion order or a cease action ‘‘on the grounds that the Show
presiding administrative law judge shall and desist order or both directed against Cause Order and suspension of her
take evidence or other information and the respondent. Arkansas nursing license and advance
hear arguments from the parties and By order of the Commission. practice nursing license stem from
other interested persons with respect to unfounded and unsubstantiated
Issued: March 14, 2016.
the public interest in this investigation, allegations that she violated . . . 21
William R. Bishop,
as appropriate, and provide the U.S.C. 841(a)(1) and (b)(1)(e) by the U.S.
Commission with findings of fact and a Supervisory Hearings and Information Attorney in’’ a criminal case brought
Officer. against her in the Eastern District of
recommended determination on this
issue, which shall be limited to the [FR Doc. 2016–06112 Filed 3–17–16; 8:45 am] Arkansas. Id. Respondent further
statutory public interest factors set forth BILLING CODE 7020–02–P asserted that ‘‘she did not knowingly or
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); intentionally distribute [h]ydrocodone
(3) For the purpose of the and [a]lprazolam . . . without an
investigation so instituted, the following DEPARTMENT OF JUSTICE effective prescription.’’ Id. Respondent
are hereby named as parties upon which further stated that she has pled not
this notice of investigation shall be Drug Enforcement Administration guilty to the charges and believes that
served: [Docket No. 16–5] she will be acquitted. Id.
(a) The complainant is: Thereafter, the matter was placed on
Immersion Corporation, 50 Rio Kristen Lee Raines, A.P.R.N.; Decision the docket of the Office of
Robles, San Jose, CA 95134. and Order Administrative Law Judges and assigned
(b) The respondents are the following to Chief Administrative Law Judge John
entities alleged to be in violation of On September 16, 2015, the Deputy J. Mulrooney, II (hereinafter, CALJ). On
section 337, and are the parties upon Assistant Administrator, Office of October 20, 2015, the CALJ issued an
which the complaint is to be served: Diversion Control, Drug Enforcement order directing the Government to file
Apple Inc., 1 Infinite Loop, Cupertino, Administration, issued an Order to evidence to support the allegation and
CA 95014. Show Cause to Kristen Lee Raines, any motion for summary disposition by
AT&T Inc., 208 South Akard Street, A.P.R.N. (hereinafter, Respondent), of October 30, 2015; the order also
Dallas, TX 75202. Little Rock, Arkansas. The Show Cause provided that Respondent should
AT&T Mobility LLC, 1025 Lenox Park Order proposed the revocation of respond to the Government’s expected
Boulevard NE., Atlanta, GA 30319. Respondent’s DEA Certificate of motion no later than November 13,
(c) The Office of Unfair Import Registration MR1972632, pursuant to 2015.
Investigations, U.S. International Trade which she is authorized to dispense On October 26, 2015, the Government
Commission, 500 E Street SW., Suite controlled substances in schedules III filed its Motion for Summary
401, Washington, DC 20436; and through V, as a mid-level practitioner, Disposition. As support for the Motion,
(4) For the investigation so instituted, as well as the denial of any pending the Government attached a copy of the
the Chief Administrative Law Judge, applications to renew or modify her decision and order of the Arkansas State
U.S. International Trade Commission, registration, on the ground that she does Board of Nursing, which summarily
shall designate the presiding not have authority to dispense suspended Respondent’s advance
Administrative Law Judge. controlled substances in Arkansas, the practice nursing license and nursing
Responses to the complaint and the State in which she holds her license effective June 19, 2015. Mot. for
notice of investigation must be registration. Show Cause Order at 1. Summ. Disp., at Attachment 3, at 3
submitted by the named respondents in The Show Cause Order alleged that (Findings of Fact, Conclusions of Law,
accordance with section 210.13 of the Respondent’s registration will not and Order, at 3; In re Kristen Lee Raines
Commission’s Rules of Practice and expire until April 30, 2018. Id. The Plant Raines (Ark. Bd. of Nursing, June
Procedure, 19 CFR 210.13. Pursuant to Show Cause Order then alleged that the 19, 2015) (hereinafter, Nursing Board
19 CFR 201.16(e) and 210.13(a), such Arkansas State Board of Nursing had Order). The Government also provided
responses will be considered by the issued an Order, which summarily a printout from the Nursing Board’s
Commission if received not later than 20 suspended Respondent’s nursing and Web site (dated September 4, 2015)
days after the date of service by the advance practice nursing licenses showing that both Respondent’s RN and
Commission of the complaint and the effective on June 19, 2015. Id. The Show Certified Nurse Practitioner licenses
notice of investigation. Extensions of Cause Order thus alleged that were suspended. Mot. for Summ. Disp.,
time for submitting responses to the Respondent is ‘‘without authority to at Attachment 4.
complaint and the notice of handle controlled substances in Respondent opposed the
investigation will not be granted unless Arkansas,’’ and as a consequence, her Government’s Motion. In her
good cause therefor is shown. DEA registration is subject to opposition, Respondent asserted that
Failure of a respondent to file a timely revocation. Id. (citing 21 U.S.C. 802(21), she has been wrongly accused, and that
response to each allegation in the 823(f), and 824(a)(3)). the State Board’s suspension of her
complaint and in this notice may be Following service of the Show Cause licenses is the ‘‘result of her wrongful
asabaliauskas on DSK3SPTVN1PROD with NOTICES
deemed to constitute a waiver of the Order, Respondent, through her indictment.’’ Resp. Reply to Govt’s Mot.
right to appear and contest the counsel, requested a hearing on the for Summ. Disp., at 3. She further
allegations of the complaint and this allegations. In her hearing request, argued that the DEA may exercise
notice, and to authorize the Respondent did not dispute that her discretion in determining the
administrative law judge and the registration does not expire until April appropriate sanction and that revocation
Commission, without further notice to 30, 2018. Resp. Hearing Req., at 1. Nor of her registration ‘‘is an unjust and
the respondent, to find the facts to be as did she dispute that the Arkansas State overly severe punishment given the
alleged in the complaint and this notice Board of Nursing had summarily circumstances, particularly that the
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Document Created: 2018-02-02 15:13:44
Document Modified: 2018-02-02 15:13:44
| 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 | 81 FR 14889 |
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