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)

Page Range		66295-66296
FR Document		2016-23243

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 Issue 187 (Tuesday, September 27, 2016)

[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.

-----------------------------------------------------------------------

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

Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices 66295

request permission to present a short Issued: September 21, 2016. amended (19 U.S.C. 1337), in the
statement at the conference. Lisa R. Barton, importation into the United States, the
Written Submissions.—As provided in Secretary to the Commission. sale for importation, and the sale within
sections 201.8 and 207.15 of the [FR Doc. 2016–23207 Filed 9–26–16; 8:45 am] the United States after importation of
certain portable electronic devices and
Commission’s rules, any person may BILLING CODE 7020–02–P
components thereof by reason of
submit to the Commission on or before
infringement of certain claims of U.S.
October 14, 2016, a written brief
INTERNATIONAL TRADE Patent No. 6,928,433 (‘‘the ’433 patent’’).
containing information and arguments The notice of investigation named the
pertinent to the subject matter of the COMMISSION
following respondents: ZTE Corporation
investigations. Parties may file written [Investigation No. 337–TA–994] of Guangdong, China; ZTE (USA) Inc. of
testimony in connection with their Richardson, Texas; Sony Corporation of
presentation at the conference. All Certain Portable Electronic Devices
Tokyo, Japan; Sony Mobile
written submissions must conform with and Components Thereof;
Communications, Inc. of Tokyo, Japan;
the provisions of section 201.8 of the Commission Determination Not To
Sony Mobile Communications AB of
Commission’s rules; any submissions Review the 100-Day Initial
Lund, Sweden; Sony Mobile
that contain BPI must also conform with Determination Finding the Asserted
Communications (USA), Inc. of Atlanta,
the requirements of sections 201.6, Claims of U.S. Patent No. 6,928,433
Georgia; Samsung Electronics Co., Ltd.
207.3, and 207.7 of the Commission’s Invalid Under 35 U.S.C. 101; of Seoul, Republic of Korea; Samsung
Termination of Investigation Electronics America, Inc. of Ridgefield
rules. The Commission’s Handbook on
E-Filing, available on the Commission’s AGENCY: U.S. International Trade Park, New Jersey; LG Electronics, Inc. of
Web site at https://edis.usitc.gov, Commission. Seoul, Republic of Korea; LG Electronics
elaborates upon the Commission’s rules ACTION: Notice. U.S.A., Inc. of Englewood Cliffs, New
with respect to electronic filing. Jersey; LG Electronics Mobilecomm
SUMMARY: Notice is hereby given that U.S.A., Inc. of San Diego, California;
In accordance with sections 201.16(c)
the U.S. International Trade Lenovo Group Ltd. of Beijing, China;
and 207.3 of the rules, each document Lenovo (United States) Inc. of
Commission has determined not to
filed by a party to the investigations Morrisville, North Carolina; Motorola
review the 100-day initial determination
must be served on all other parties to Mobility LLC of Chicago, Illinois; HTC
(‘‘ID’’) of the presiding administrative
the investigations (as identified by Corporation of Taoyuan, Taiwan; HTC
law judge (‘‘ALJ’’) finding the asserted
either the public or BPI service list), and claims of U.S. Patent No. 6,928,433 America, Inc. of Bellevue, Washington;
a certificate of service must be timely invalid under 35 U.S.C. 101. The Blackberry Ltd. of Waterloo, Ontario,
filed. The Secretary will not accept a investigation is terminated. Canada; and Blackberry Corporation of
document for filing without a certificate Irving, Texas (collectively,
FOR FURTHER INFORMATION CONTACT:
of service. ‘‘Respondents’’). In addition, on May 19,
Houda Morad, Office of the General
Certification.—Pursuant to section Counsel, U.S. International Trade 2016, the ALJ issued an initial
207.3 of the Commission’s rules, any Commission, 500 E Street SW., determination granting Google Inc.’s
person submitting information to the Washington, DC 20436, telephone (202) (‘‘Intervenor’’) motion to intervene as a
Commission in connection with these 708–4716. Copies of non-confidential party in the investigation. See Order No.
investigations must certify that the documents filed in connection with this 5, unreviewed, Comm’n Notice
information is accurate and complete to investigation are or will be available for (U.S.I.T.C. June 21, 2016). The Office of
the best of the submitter’s knowledge. In inspection during official business Unfair Import Investigations (OUII) is
hours (8:45 a.m. to 5:15 p.m.) in the also a party to the investigation.
making the certification, the submitter The notice of investigation also
will acknowledge that any information Office of the Secretary, U.S.
directed the ALJ to ‘‘hold an early
that it submits to the Commission International Trade Commission, 500 E
evidentiary hearing, find facts, and issue
during these investigations may be Street SW., Washington, DC 20436, an early decision, as to whether the
disclosed to and used: (i) By the telephone (202) 205–2000. General asserted claims of the ’433 patent recite
Commission, its employees and Offices, information concerning the Commission patent-eligible subject matter under 35
and contract personnel (a) for may also be obtained by accessing its U.S.C. 101’’ (i.e., the 100-day pilot
developing or maintaining the records Internet server at https://www.usitc.gov. program). See 81 FR 29307 (May 11,
of this/these or related investigations or The public record for this investigation 2016).
reviews, or (b) in internal investigations, may be viewed on the Commission’s Accordingly, the ALJ conducted an
audits, reviews, and evaluations relating electronic docket (EDIS) at https:// evidentiary hearing on July 6–7, 2016,
to the programs, personnel, and edis.usitc.gov. Hearing-impaired and on August 19, 2016, within 100
operations of the Commission including persons are advised that information on days of institution, the ALJ issued his ID
under 5 U.S.C. Appendix 3; or (ii) by this matter can be obtained by finding that the asserted claims are
U.S. government employees and contacting the Commission’s TDD directed to ineligible subject matter (i.e.,
contract personnel, solely for terminal on (202) 205–1810. invalid) under 35 U.S.C. 101. In
cybersecurity purposes. All contract SUPPLEMENTARY INFORMATION: The addition, although the ID noted that
Commission instituted Investigation No. construction of the disputed term
asabaliauskas on DSK3SPTVN1PROD with NOTICES

personnel will sign appropriate
nondisclosure agreements. 337–TA–994 on May 11, 2016, based on ‘‘portable media player’’ was not
a complaint filed by Creative necessary to decide patent-eligibility
Authority: These investigations are being Technology Ltd. of Singapore and under 35 U.S.C. 101, the ALJ construed
conducted under authority of title VII of the Creative Labs, Inc. of Milpitas, the term to mean ‘‘portable media
Tariff Act of 1930; this notice is published California (collectively, ‘‘Creative’’). See playback device, as distinguished from
pursuant to section 207.12 of the 81 FR 29307 (May 11, 2016). The a general-purpose device such as a
Commission’s rules. complaint alleges violations of section handheld computer or a personal digital
By order of the Commission. 337 of the Tariff Act of 1930, as assistant.’’

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66296 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices

On August 29, 2016, Creative filed a FOR FURTHER INFORMATION CONTACT: second Notice of Inquiry does not
petition for review and on September 1, Kevin R. Amer, Senior Counsel for specifically address those issues.
2016, Respondents, Intervenor, and Policy and International Affairs, by A party choosing to respond to this
OUII filed replies in opposition to email at kamer@loc.gov or by telephone Notice of Inquiry need not address every
Creative’s petition. at 202–707–8350; or Regan A. Smith, topic below, but the Office requests that
The Commission has determined not Associate General Counsel, by email at responding parties clearly identify and
to review the ID. The investigation is resm@loc.gov or by telephone at 202– separately address those subjects for
terminated. 707–8350. which a response is submitted. Parties
The authority for the Commission’s SUPPLEMENTARY INFORMATION: also are invited to address any other
determination is contained in section pertinent issues that the Office should
337 of the Tariff Act of 1930, as I. Background consider in conducting its study.
amended (19 U.S.C. 1337), and in Part At the request of the Ranking Member II. Subjects of Inquiry
210 of the Commission’s Rules of of the House Committee on the
Practice and Procedure (19 CFR part Judiciary, the Copyright Office is 1. Proposals for New Permanent
210). conducting a study to assess the Exemptions
By order of the Commission. operation of section 1201 of title 17. In a. Assistive Technologies for Use by
Issued: September 21, 2016. December 2015, the Office issued a Persons Who Are Blind, Visually
Lisa R. Barton, Notice of Inquiry identifying several Impaired, or Print Disabled. The written
Secretary to the Commission. aspects of the statutory and regulatory comments and roundtable discussions
[FR Doc. 2016–23243 Filed 9–26–16; 8:45 am] framework that the Office believes are revealed widespread support for
BILLING CODE 7020–02–P
ripe for review, and inviting public adoption of a permanent exemption to
comment on those and any other facilitate access to works in electronic
pertinent issues.1 The Notice provided formats by persons who are blind,
for two rounds of written comments. In visually impaired, or print disabled. The
LIBRARY OF CONGRESS response, the Office received sixty-eight Office invites comment regarding
initial comments and sixteen reply specific provisions that commenters
U.S. Copyright Office
comments.2 The Office then announced believe should be included in
[Docket No. 2015–8] public roundtables on the topics legislation proposing such an
addressed in the Notice and comments.3 exemption. For example, the exemption
Section 1201 Study: Request for These sessions, held in Washington, DC for this purpose granted in the 2015
Additional Comments and San Francisco, California in May rulemaking permits circumvention of
2016, involved participation by more access controls applied to literary works
AGENCY: U.S. Copyright Office, Library
than thirty panelists, representing a distributed electronically, where the
of Congress.
wide range of interests and perspectives. access controls ‘‘either prevent the
ACTION: Notice of Inquiry. Transcripts of the roundtables are enabling of read-aloud functionality or
SUMMARY: The United States Copyright available at http://copyright.gov/policy/ interfere with screen readers or other
Office is requesting additional written 1201/, and video recordings will be applications or assistive technologies.’’ 4
comments in connection with its available at that location at a later date. The exemption applies in the following
ongoing study on the operation of the In the written comments and during circumstances:
statutory provisions regarding the the roundtables, parties expressed a (i) When a copy of such a work is lawfully
circumvention of copyright protection variety of views regarding whether obtained by a blind or other person with a
systems. This request provides an legislative amendments to section 1201 disability, as such a person is defined in 17
opportunity for interested parties to may be warranted. Among other U.S.C. 121; provided, however, that the rights
suggested changes, commenters owner is remunerated, as appropriate, for the
address certain issues raised by various price of the mainstream copy of the work as
members of the public in response to discussed proposals to update the
statute’s permanent exemption made available to the general public through
the Office’s initial Notice of Inquiry. customary channels, or
framework and to amend the anti- (ii) When such work is a nondramatic
DATES: Written comments must be
trafficking provisions to permit third- literary work, lawfully obtained and used by
received no later than 11:59 p.m.
party assistance with lawful an authorized entity pursuant to 17 U.S.C.
Eastern Time on October 27, 2016.
circumvention activities. At this time, as 121.5
Written reply comments must be
explained below, the Office is interested
received no later than 11:59 p.m. The Office is interested in commenters’
in receiving additional stakeholder
Eastern Time on November 16, 2016. views on whether this language would
input on particular aspects of those
ADDRESSES: The Copyright Office is be appropriate for adoption as a
proposals. In addition, parties submitted
using the regulations.gov system for the permanent exemption, or whether there
numerous and varied views regarding
submission and posting of public are specific changes or additional
the triennial rulemaking process under
comments in this proceeding. All provisions that Congress may wish to
section 1201(a)(1)(C); while the Office
comments are therefore to be submitted consider.
continues to thoroughly evaluate these
electronically through regulations.gov. b. Device Unlocking. Some
comments in conducting its study, this
Specific instructions for submitting commenters advocated the adoption of
asabaliauskas on DSK3SPTVN1PROD with NOTICES

comments are available on the 1 Section 1201 Study: Notice and Request for
a permanent exemption to permit
Copyright Office Web site at http:// Public Comment, 80 FR 81369 (Dec. 29, 2015).
circumvention of access controls on
copyright.gov/policy/1201/ 2 All comments may be accessed from the wireless devices for purposes of
commentsubmission/. If electronic Copyright Office Web site at http://copyright.gov/
submission of comments is not feasible, policy/1201/ by clicking the ‘‘Public Comments’’ 4 Exemption to Prohibition on Circumvention of

tab, followed by the ‘‘Comments’’ link. Copyright Protection Systems for Access Control
please contact the Office using the 3 Software-Enabled Consumer Products Study and Technologies, 80 FR 65944, 65950 (Oct. 28, 2015)
contact information below for special Section 1201 Study: Announcement of Public (‘‘2015 Final Rule’’).
instructions. Roundtables, 81 FR 17206 (Mar. 28, 2016). 5 Id.

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Document Created: 2016-09-27 01:18:59
Document Modified: 2016-09-27 01:18:59

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		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.
FR Citation		81 FR 66295