81 FR 66295 - Certain Portable Electronic Devices and Components Thereof; Commission Determination Not To Review the 100-Day Initial Determination Finding the Asserted Claims of U.S. Patent No. 6,928,433 Invalid Under 35 U.S.C. 101; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 187 (September 27, 2016)

Notice is hereby given that the U.S. International Trade Commission has determined not to review the 100-day initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding the asserted claims of U.S. Patent No. 6,928,433 invalid under 35 U.S.C. 101. The investigation is terminated.

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66295-66296]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23243]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-994]


Certain Portable Electronic Devices and Components Thereof; 
Commission Determination Not To Review the 100-Day Initial 
Determination Finding the Asserted Claims of U.S. Patent No. 6,928,433 
Invalid Under 35 U.S.C. 101; Termination of Investigation

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 100-day initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding the asserted claims of U.S. Patent No. 6,928,433 
invalid under 35 U.S.C. 101. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-4716. 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 https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 Investigation No. 
337-TA-994 on May 11, 2016, based on a complaint filed by Creative 
Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, 
California (collectively, ``Creative''). See 81 FR 29307 (May 11, 
2016). The complaint alleges violations of section 337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337), in 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 notice of investigation 
named the following respondents: ZTE Corporation of Guangdong, China; 
ZTE (USA) Inc. of Richardson, Texas; Sony Corporation of Tokyo, Japan; 
Sony Mobile Communications, Inc. of Tokyo, Japan; Sony Mobile 
Communications AB of Lund, Sweden; Sony Mobile Communications (USA), 
Inc. of Atlanta, Georgia; Samsung Electronics Co., Ltd. of Seoul, 
Republic of Korea; Samsung Electronics America, Inc. of Ridgefield 
Park, New Jersey; LG Electronics, Inc. of Seoul, Republic of Korea; LG 
Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; LG 
Electronics Mobilecomm U.S.A., Inc. of San Diego, California; Lenovo 
Group Ltd. of Beijing, China; Lenovo (United States) Inc. of 
Morrisville, North Carolina; Motorola Mobility LLC of Chicago, 
Illinois; HTC Corporation of Taoyuan, Taiwan; HTC America, Inc. of 
Bellevue, Washington; Blackberry Ltd. of Waterloo, Ontario, Canada; and 
Blackberry Corporation of Irving, Texas (collectively, 
``Respondents''). In addition, on May 19, 2016, the ALJ issued an 
initial determination granting Google Inc.'s (``Intervenor'') motion to 
intervene as a party in the investigation. See Order No. 5, unreviewed, 
Comm'n Notice (U.S.I.T.C. June 21, 2016). The Office of Unfair Import 
Investigations (OUII) is also a party to the investigation.
    The notice of investigation also directed the ALJ to ``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'' (i.e., the 100-day pilot 
program). See 81 FR 29307 (May 11, 2016).
    Accordingly, the ALJ conducted an evidentiary hearing on July 6-7, 
2016, and on August 19, 2016, within 100 days of institution, the ALJ 
issued his ID finding that the asserted claims are directed to 
ineligible subject matter (i.e., invalid) under 35 U.S.C. 101. In 
addition, although the ID noted that construction of the disputed term 
``portable media player'' was not necessary to decide patent-
eligibility under 35 U.S.C. 101, the ALJ construed the term to mean 
``portable media playback device, as distinguished from a general-
purpose device such as a handheld computer or a personal digital 
assistant.''

[[Page 66296]]

    On August 29, 2016, Creative filed a petition for review and on 
September 1, 2016, Respondents, Intervenor, and OUII filed replies in 
opposition to Creative's petition.
    The Commission has determined not to review the ID. The 
investigation is terminated.
    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: September 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-23243 Filed 9-26-16; 8:45 am]
 BILLING CODE 7020-02-P