81 FR 37210 - Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and Laptops) and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 111 (June 9, 2016)

Page Range		37210-37211
FR Document		2016-13671

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 5, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Immersion Corporation of San Jose, California. Supplements to the complaint were filed on May 9, May 16, and May 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 and portable electronic devices incorporating haptics (including smartphones and laptops) and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,749,507 (``the '507 patent''); U.S. Patent No. 7,808,488 (``the '488 patent''); U.S. Patent No. 7,336,260 (``the '260 patent''); and U.S. Patent No. 8,581,710 (``the '710 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.

Federal Register, Volume 81 Issue 111 (Thursday, June 9, 2016)

[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37210-37211]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13671]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1004]


Certain Mobile and Portable Electronic Devices Incorporating 
Haptics (Including Smartphones and Laptops) 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 May 5, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C.

[[Page 37211]]

Sec.  1337, on behalf of Immersion Corporation of San Jose, California. 
Supplements to the complaint were filed on May 9, May 16, and May 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 and portable electronic devices incorporating haptics 
(including smartphones and laptops) and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,749,507 (``the '507 
patent''); U.S. Patent No. 7,808,488 (``the '488 patent''); U.S. Patent 
No. 7,336,260 (``the '260 patent''); and U.S. Patent No. 8,581,710 
(``the '710 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, 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 Sec.  210.10 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 3, 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 and 
portable electronic devices incorporating haptics (including 
smartphones and laptops) and components thereof by reason of 
infringement of one or more of claims 1-5, 9-12, and 14-17 of the '507 
patent; claims 1, 2, 9, 10, 17, 18, 25-27, and 29 of the '488 patent; 
claims 1 and 2 of the '260 patent; and claims 1, 7-10, and 12 of the 
'710 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 Sec.  
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. 
Sec. Sec.  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 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.
    The Chief Administrative Law Judge is authorized to consolidate 
Inv. No. 337-TA-990 and this investigation if he deems it appropriate.
    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 Sec.  210.13. 
Pursuant to 19 CFR Sec. Sec.  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: June 6, 2016.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2016-13671 Filed 6-8-16; 8:45 am]
 BILLING CODE 7020-02-P

37210 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices

North, Range 11 East, New Mexico inform the public of the intent to meeting will be held at the Bill Heddles
Principal Meridian, Colorado, were officially file the survey plat listed Recreation Center, 530 Gunnison River
accepted on March 30, 2016. above and afford a proper period of time Drive, Delta, CO 81416.
The plat and field notes of the to protest this action prior to the plat FOR FURTHER INFORMATION CONTACT:
dependent resurvey and survey in filing. During this time, the plat will be Collin Ewing, Dominguez-Escalante
Township 41 North, Range 11 East, New available for review in the BLM NCA Advisory Council Designated
Mexico Principal Meridian, Colorado, Colorado State Office. Federal Official, 2815 H Road, Grand
were accepted on March 30, 2016. DATES: Unless there are protests of this Junction, CO 81506. Phone: (970) 244–
The plat and field notes of the action, the filing of the plat described in 3049. Email: cewing@blm.gov. Persons
dependent resurvey and survey in this notice will happen on July 11, 2016. who use a telecommunications device
Township 18 South, Range 70 West, ADDRESSES: BLM Colorado State Office, for the deaf (TDD) may call the Federal
Sixth Principal Meridian, Colorado, Cadastral Survey, 2850 Youngfield Information Relay Service (FIRS) at 1–
were accepted on April 18, 2016. Street, Lakewood, CO 80215–7093. 800–877–8339 to contact the above
The plat, in 2 sheets, incorporating individual during normal business
FOR FURTHER INFORMATION CONTACT:
the field notes of the dependent hours. The FIRS is available 24 hours a
resurvey and subdivision of section 16 Randy Bloom, Chief Cadastral Surveyor
for Colorado, (303) 239–3856. day, seven days a week, to leave a
in Township 4 North, Range 71 West, message or question with the above
Sixth Principal Meridian, Colorado, was Persons who use a
telecommunications device for the deaf individual. You will receive a reply
accepted on May 13, 2016. during normal business hours.
The plat and field notes of the (TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339 SUPPLEMENTARY INFORMATION: The 10-
dependent resurvey and survey in member Council advises the Secretary
Township 36 North, Range 17 West, to contact the above individual during
normal business hours. The FIRS is of the Interior, through the BLM, on a
New Mexico Principal Meridian, variety of planning and management
Colorado, were accepted on May 23, available 24 hours a day, seven days a
week, to leave a message or question issues associated with the RMP process
2016. for the Dominguez-Escalante NCA and
The field notes of the with the above individual. You will
receive a reply during normal business Dominguez Canyon Wilderness.
remonumentation of certain original Topics of discussion during the
corners in Township 27 South, Range 47 hours.
meetings may include presentations
West, Sixth Principal Meridian, Randy Bloom, from BLM staff on management actions
Colorado, were accepted on May 27, Chief Cadastral Surveyor for Colorado. contained in the RMP, particularly
2016. [FR Doc. 2016–13659 Filed 6–8–16; 8:45 am] public comments on alternatives in the
Randy Bloom, BILLING CODE 4310–JB–P Draft RMP.
Chief Cadastral Surveyor for Colorado. These meetings are open to the
[FR Doc. 2016–13660 Filed 6–8–16; 8:45 am] public. The public may present written
DEPARTMENT OF THE INTERIOR comments to the Council. Time will be
BILLING CODE 4310–JB–P
allocated at the middle and end of each
Bureau of Land Management meeting to hear public comments.
DEPARTMENT OF THE INTERIOR [LLCON06000–L16100000–DQ0000 16X] Depending on the number of persons
wishing to comment and time available,
Bureau of Land Management Notice of Resource Advisory Council the time for individual oral comments
Meetings for the Dominguez-Escalante may be limited at the discretion of the
[LLCO956000 L14400000.BJ0000 16X] National Conservation Area Advisory chair.
Notice of Filing of Plats of Survey; Council
Ruth Welch,
Colorado AGENCY: Bureau of Land Management, BLM Colorado State Director.
AGENCY: Bureau of Land Management, Interior. [FR Doc. 2016–13658 Filed 6–8–16; 8:45 am]
Interior. ACTION: Notice of Public Meetings. BILLING CODE 4310–JB–P

ACTION: Notice of Filing of Plats of SUMMARY: In accordance with the
Survey; Colorado. Federal Land Policy and Management
Act of 1976 and the Federal Advisory INTERNATIONAL TRADE
SUMMARY: On Tuesday, July 14, 2009, COMMISSION
the Bureau of Land Management (BLM) Committee Act of 1972, the U.S.
Colorado State Office, published a Department of the Interior, Bureau of [Investigation No. 337–TA–1004]
Notice of Stay of Filing of Plat, in the Land Management (BLM) Dominguez-
Escalante National Conservation Area Certain Mobile and Portable Electronic
Federal Register (74 FR 34035) to
(NCA) Advisory Council (Council) will Devices Incorporating Haptics
inform the public of a stay on the
meet as indicated below. (Including Smartphones and Laptops)
proposed filing of the dependent
DATES: The Council will meet July 13, and Components Thereof; Institution
resurvey of the east boundary and a
2016, and July 27, 2016. Any of Investigation
portion of the subdivisional lines in
Township 42 North, Range 13 West, adjustments to these meetings will be AGENCY: U.S. International Trade
New Mexico Principal Meridian, advertised on the Dominguez-Escalante Commission.
sradovich on DSK3TPTVN1PROD with NOTICES

Colorado, accepted on December 22, NCA Resource Management Plan (RMP)
ACTION: Notice.
2008, pending consideration of the Web site: http://www.blm.gov/co/st/en/
protest and/or appeal that was filed. On nca/denca/denca_rmp.html. SUMMARY: Notice is hereby given that a
May 27, 2016, the Interior Board of Land ADDRESSES: The July 13 meeting will be complaint was filed with the U.S.
Appeals affirmed the BLM’s decision to held at the Mesa County Old International Trade Commission on May
dismiss the protest. The BLM Colorado Courthouse, 544 Rood Ave. Grand 5, 2016, under section 337 of the Tariff
State Office is publishing this notice to Junction, CO 81501. The July 27 Act of 1930, as amended, 19 U.S.C.

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Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices 37211

§ 1337, on behalf of Immersion (1) Pursuant to subsection (b) of Commission’s Rules of Practice and
Corporation of San Jose, California. section 337 of the Tariff Act of 1930, as Procedure, 19 CFR § 210.13. Pursuant to
Supplements to the complaint were amended, an investigation be instituted 19 CFR §§ 201.16(e) and 210.13(a), such
filed on May 9, May 16, and May 24, to determine whether there is a responses will be considered by the
2016. The complaint, as supplemented, violation of subsection (a)(1)(B) of Commission if received not later than 20
alleges violations of section 337 based section 337 in the importation into the days after the date of service by the
upon the importation into the United United States, the sale for importation, Commission of the complaint and the
States, the sale for importation, and the or the sale within the United States after notice of investigation. Extensions of
sale within the United States after importation of certain mobile and time for submitting responses to the
importation of certain mobile and portable electronic devices complaint and the notice of
portable electronic devices incorporating haptics (including investigation will not be granted unless
incorporating haptics (including smartphones and laptops) and good cause therefor is shown.
smartphones and laptops) and components thereof by reason of Failure of a respondent to file a timely
components thereof by reason of infringement of one or more of claims response to each allegation in the
infringement of certain claims of U.S. 1–5, 9–12, and 14–17 of the ’507 patent; complaint and in this notice may be
Patent No. 8,749,507 (‘‘the ’507 patent’’); claims 1, 2, 9, 10, 17, 18, 25–27, and 29 deemed to constitute a waiver of the
U.S. Patent No. 7,808,488 (‘‘the ’488 of the ’488 patent; claims 1 and 2 of the right to appear and contest the
patent’’); U.S. Patent No. 7,336,260 (‘‘the ’260 patent; and claims 1, 7–10, and 12 allegations of the complaint and this
’260 patent’’); and U.S. Patent No. of the ’710 patent, and whether an notice, and to authorize the
8,581,710 (‘‘the ’710 patent’’). The industry in the United States exists as administrative law judge and the
complaint further alleges that an required by subsection (a)(2) of section Commission, without further notice to
industry in the United States exists as 337; the respondent, to find the facts to be as
required by subsection (a)(2) of section (2) Pursuant to Commission Rule alleged in the complaint and this notice
337. 210.50(b)(1), 19 CFR § 210.50(b)(1), the and to enter an initial determination
The complainant requests that the presiding administrative law judge shall and a final determination containing
Commission institute an investigation take evidence or other information and such findings, and may result in the
and, after the investigation, issue a hear arguments from the parties and issuance of an exclusion order or a cease
limited exclusion order and cease and other interested persons with respect to and desist order or both directed against
desist orders. the public interest in this investigation, the respondent.
as appropriate, and provide the By order of the Commission.
ADDRESSES: The complaint, except for
Commission with findings of fact and a Issued: June 6, 2016.
any confidential information contained
recommended determination on this
therein, is available for inspection Lisa R. Barton,
issue, which shall be limited to the
during official business hours (8:45 a.m. Secretary to the Commission.
statutory public interest factors set forth
to 5:15 p.m.) in the Office of the
in 19 U.S.C. §§ 1337(d)(1), (f)(1), (g)(1); [FR Doc. 2016–13671 Filed 6–8–16; 8:45 am]
Secretary, U.S. International Trade (3) For the purpose of the BILLING CODE 7020–02–P
Commission, 500 E Street SW., Room investigation so instituted, the following
112, Washington, DC 20436, telephone are hereby named as parties upon which
(202) 205–2000. Hearing impaired this notice of investigation shall be
individuals are advised that information DEPARTMENT OF JUSTICE
served:
on this matter can be obtained by (a) The complainant is: Immersion Antitrust Division
contacting the Commission’s TDD Corporation, 50 Rio Robles, San Jose,
terminal on (202) 205–1810. Persons CA 95134. Notice Pursuant to the National
with mobility impairments who will (b) The respondents are the following Cooperative Research and Production
need special assistance in gaining access entities alleged to be in violation of Act of 1993—fd.io Project, Inc.
to the Commission should contact the section 337, and are the parties upon
Office of the Secretary at (202) 205– Notice is hereby given that, on May 4,
which the complaint is to be served: 2016, pursuant to section 6(a) of the
2000. General information concerning
the Commission may also be obtained Apple Inc., 1 Infinite Loop, Cupertino, National Cooperative Research and
by accessing its internet server at http:// CA 95014 Production Act of 1993, 15 U.S.C. 4301
www.usitc.gov. The public record for AT&T Mobility LLC, 1025 Lenox Park et seq. (‘‘the Act’’), fd.io Project, Inc.
this investigation may be viewed on the Boulevard NE., Atlanta, GA 30319. (‘‘fd.io’’) has filed written notifications
Commission’s electronic docket (EDIS) (c) The Office of Unfair Import simultaneously with the Attorney
at http://edis.usitc.gov. Investigations, U.S. International Trade General and the Federal Trade
Commission, 500 E Street SW., Suite Commission disclosing (1) the identities
FOR FURTHER INFORMATION CONTACT: The of the parties to the venture and (2) the
401, Washington, DC 20436; and
Office of Unfair Import Investigations, (4) For the investigation so instituted, nature and objectives of the venture.
U.S. International Trade Commission, the Chief Administrative Law Judge, The notifications were filed for the
telephone (202) 205–2560. U.S. International Trade Commission, purpose of invoking the Act’s provisions
Authority: The authority for institution of shall designate the presiding limiting the recovery of antitrust
this investigation is contained in section 337 Administrative Law Judge. plaintiffs to actual damages under
of the Tariff Act of 1930, as amended, and The Chief Administrative Law Judge specified circumstances.
sradovich on DSK3TPTVN1PROD with NOTICES

in section 210.10 of the Commission’s Rules is authorized to consolidate Inv. No. Pursuant to section 6(b) of the Act, the
of Practice and Procedure, 19 CFR § 210.10
337–TA–990 and this investigation if he identities of the parties to the venture
(2016).
deems it appropriate. are: Intel Corporation, Hillsboro, OR;
Scope of Investigation: Having Responses to the complaint and the Brocade Communications Systems, Inc.,
considered the complaint, the U.S. notice of investigation must be San Jose, CA; Inocybe Technologies Inc.,
International Trade Commission, on submitted by the named respondents in Gatineau, Quebec City, CANADA;
June 3, 2016, ordered that— accordance with section 210.13 of the Huawei Technologies Co., Ltd., Bantian,

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Document Created: 2018-02-08 07:33:42
Document Modified: 2018-02-08 07:33:42

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 37210