81 FR 29307 - Certain Portable Electronic Devices and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 91 (May 11, 2016)

Page Range		29307-29308
FR Document		2016-11018

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 24, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California. A supplement was filed on April 13, 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 portable electronic devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,928,433 (``the '433 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 cease and desist orders.

Federal Register, Volume 81 Issue 91 (Wednesday, May 11, 2016)

[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Notices]
[Pages 29307-29308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11018]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-994]


Certain Portable Electronic Devices and Components Thereof 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 24, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Creative Technology Ltd. of Singapore and Creative Labs, Inc. of 
Milpitas, California. A supplement was filed on April 13, 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 
portable electronic devices and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 6,928,433 (``the '433 
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 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 May 5, 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 portable 
electronic devices and components thereof by reason of infringement of 
one or more of claims 2, 3, 5, 7, and 17-28 of the '433 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 or 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) Notwithstanding any Commission Rules that would otherwise 
apply, the presiding Administrative Law Judge shall hold an early 
evidentiary hearing, find facts, and issue an early decision, as to 
whether the asserted claims of the '433 patent recite patent-eligible 
subject matter under 35 U.S.C. 101. Any such decision shall be in the 
form of an initial determination (ID). Petitions for review of such an 
ID shall be due five calendar days after service of the ID; any replies 
shall be due three business days after service of a petition. The ID 
will become the Commission's final determination 30 days after the date 
of service of the ID unless the Commission determines to review the ID. 
Any such review will be conducted in accordance with Commission Rules 
210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The 
Commission expects the issuance of an early ID relating to Section 101 
within 100 days of institution, except that the presiding ALJ may grant 
a limited extension of the ID for good cause shown. The issuance of an 
early ID finding that the asserted claims of the '433 patent do not 
recite patent-eligible subject matter under 35 U.S.C. 101 shall stay 
the investigation unless the Commission orders otherwise; any other 
decision shall not stay the investigation or delay the issuance of a 
final ID covering the other issues of the investigation.
    (4) 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:

Creative Technology Ltd.

[[Page 29308]]

31 International Business Park
#03-01 Creative Resource
Singapore 609921
Creative Labs, Inc.
1901 McCarthy Boulevard
Milpitas, CA 95035

    (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:
ZTE Corporation
ZTE Plaza
No. 55 Hi-Tech Road South Hi-Tech Industrial Park
Shenzen 518057
Guangdong, China

ZTE (USA) Inc.
2425 N. Central Expressway #323
Richardson, TX 75080

Sony Corporation
1-7-1 Konan, Minato-ku,
Tokyo 108-0075, Japan

Sony Mobile Communications, Inc.
W-building 1-8-15 Konan 1-chome
Minato-ku
Tokyo 108-0075, Japan

Sony Mobile Communications AB
(Mailing Address)
S[ouml]lvegatan 51,
223 62 Lund, Sweden

Sony Mobile Communications (USA), Inc.
3333 Piedmont Road NE #600
Atlanta, GA 30305

Samsung Electonics Co., Ltd.
1320-10, Seocho 2-dong Seocho-gu
Seoul, Republic of Korea

Samsung Electronics America, Inc.
85 Challenger Road
Ridgefield Park, NJ 07660

LG Electronics, Inc.
LG Twin Towers, 20 Yeouido-dong,
Yeongdeungpo-gu
Seoul 150-721, Republic of Korea

LG Electronics U.S.A., Inc.
1000 Sylvan Avenue
Englewood Cliffs, NJ 07632

LG Electronics Mobilecomm U.S.A., Inc.
10101 Old Grove Road
San Diego, CA 92131

Lenovo Group Ltd.
Shangdi Information Industry Base
No. 6 Chuang Ye Road, Haidan District
100085, Beijing, China

Lenovo (United States) Inc.
1009 Think Place
Morrisville, NC 27650

Motorola Mobility LLC
222 W. Merchandise Mart Plaza, Suite 1800
Chicago, IL 60654

HTC Corporation
23 Xinghua Road
Taoyuan 330, Taiwan

HTC America, Inc.
13920 SE Eastgate Way, Suite #200
Bellevue, WA 98005

Blackberry Ltd.
2200 University Avenue E
Waterloo, Ontario
Canada N2K 0A7

Blackberry Corporation
5000 Riverside Drive, Suite 100E
Irving, TX 75039

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (5) 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: May 5, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-11018 Filed 5-10-16; 8:45 am]
 BILLING CODE 7020-02-P

29308 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices

31 International Business Park 13920 SE Eastgate Way, Suite #200 NATIONAL FOUNDATION ON THE
#03–01 Creative Resource Bellevue, WA 98005 ARTS AND THE HUMANITIES
Singapore 609921
Creative Labs, Inc. Blackberry Ltd. Institute of Museum and Library
1901 McCarthy Boulevard 2200 University Avenue E Services
Milpitas, CA 95035
Waterloo, Ontario Sunshine Act Meeting of the National
(b) The respondents are the following
Canada N2K 0A7 Museum and Library Services Board
entities alleged to be in violation of
section 337, and are the parties upon Blackberry Corporation AGENCY: Institute of Museum and
which the complaint is to be served: 5000 Riverside Drive, Suite 100E Library Services (IMLS), NFAH.
ZTE Corporation ACTION: Notice of meeting.
ZTE Plaza Irving, TX 75039
No. 55 Hi-Tech Road South Hi-Tech (c) The Office of Unfair Import SUMMARY: The National Museum and
Industrial Park Investigations, U.S. International Trade Library Services Board, which advises
Shenzen 518057 Commission, 500 E Street SW., Suite the Director of the Institute of Museum
Guangdong, China 401, Washington, DC 20436; and and Library Services on general policies
ZTE (USA) Inc. with respect to the duties, powers, and
(5) For the investigation so instituted, authority of the Institute relating to
2425 N. Central Expressway #323
Richardson, TX 75080 the Chief Administrative Law Judge, museum, library and information
U.S. International Trade Commission, services, will meet on June 2, 2016.
Sony Corporation shall designate the presiding
1–7–1 Konan, Minato-ku, DATES: Thursday, June 2, 2016, from
Administrative Law Judge. 9:00 a.m. to 11:30 a.m. EDT.
Tokyo 108–0075, Japan
Sony Mobile Communications, Inc. Responses to the complaint and the ADDRESSES: Place: The meeting will be
W-building 1–8–15 Konan 1-chome notice of investigation must be held at the IMLS Offices, Panel Room,
Minato-ku submitted by the named respondents in Suite 4000, 955 L’Enfant Plaza North,
Tokyo 108–0075, Japan accordance with section 210.13 of the SW., Washington, DC 20024.
Sony Mobile Communications AB Commission’s Rules of Practice and FOR FURTHER INFORMATION CONTACT:
(Mailing Address) Procedure, 19 CFR 210.13. Pursuant to Katherine Maas, Program Specialist,
Sölvegatan 51, 19 CFR 201.16(e) and 210.13(a), such Institute of Museum and Library
223 62 Lund, Sweden responses will be considered by the Services, Suite 4000, 955 L’Enfant Plaza
Commission if received not later than 20 North, SW., Washington, DC 20024.
Sony Mobile Communications (USA),
Inc. days after the date of service by the Telephone: (202) 653–4676. Please
3333 Piedmont Road NE #600 Commission of the complaint and the provide advance notice of any special
Atlanta, GA 30305 notice of investigation. Extensions of needs or accommodations.
time for submitting responses to the SUPPLEMENTARY INFORMATION:
Samsung Electonics Co., Ltd.
complaint and the notice of Status: The meeting will be open to
1320–10, Seocho 2-dong Seocho-gu
Seoul, Republic of Korea investigation will not be granted unless the public.
good cause therefor is shown. Agenda: Thirty-third Meeting of the
Samsung Electronics America, Inc. National Museum and Library Services
85 Challenger Road Failure of a respondent to file a timely
response to each allegation in the Board Meeting:
Ridgefield Park, NJ 07660
complaint and in this notice may be I. Welcome and Director’s Report
LG Electronics, Inc. II. Approval of the Minutes
LG Twin Towers, 20 Yeouido-dong, deemed to constitute a waiver of the
right to appear and contest the III. Financial and Operations Update
Yeongdeungpo-gu IV. Office of Communications and
Seoul 150–721, Republic of Korea allegations of the complaint and this
notice, and to authorize the Government Affairs Update
LG Electronics U.S.A., Inc. V. Digital and Information Strategy
1000 Sylvan Avenue administrative law judge and the
Commission, without further notice to Update Break.
Englewood Cliffs, NJ 07632 VI. Office of Museum Services Update
the respondent, to find the facts to be as
LG Electronics Mobilecomm U.S.A., Inc. VII. Office of Library Services Update
alleged in the complaint and this notice
10101 Old Grove Road VIII. Question and Answer Session
San Diego, CA 92131 and to enter an initial determination
and a final determination containing Dated: May 5, 2015.
Lenovo Group Ltd. Andrew Christopher,
such findings, and may result in the
Shangdi Information Industry Base Associate General Counsel.
issuance of an exclusion order or a cease
No. 6 Chuang Ye Road, Haidan District
and desist order or both directed against [FR Doc. 2016–11234 Filed 5–9–16; 4:15 pm]
100085, Beijing, China
the respondent. BILLING CODE 7036–01–P
Lenovo (United States) Inc.
1009 Think Place By order of the Commission.
Morrisville, NC 27650 Issued: May 5, 2016.
Lisa R. Barton, NUCLEAR REGULATORY
Motorola Mobility LLC COMMISSION
mstockstill on DSK3G9T082PROD with NOTICES

222 W. Merchandise Mart Plaza, Suite Secretary to the Commission.
1800 [FR Doc. 2016–11018 Filed 5–10–16; 8:45 am] [Docket Nos. 52–017; NRC–2008–0066]
Chicago, IL 60654 BILLING CODE 7020–02–P
HTC Corporation Dominion Virginia Power; North Anna,
23 Xinghua Road Unit 3
Taoyuan 330, Taiwan AGENCY:Nuclear Regulatory
HTC America, Inc. Commission.

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Document Created: 2016-05-11 01:12:13
Document Modified: 2016-05-11 01:12:13

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 29307