81 FR 73418 - Certain Audio Processing Hardware, Software, and Products Containing the Same; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 206 (October 25, 2016)
Federal Register Volume 81, Issue 206 (October 25, 2016)
| Page Range | 73418-73419 | |
| FR Document | 2016-25722 |
[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)] [Notices] [Pages 73418-73419] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25722] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1026] Certain Audio Processing Hardware, Software, and Products Containing the Same; 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 September 19, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Andrea Electronics Corp. of Bohemia, New York. A supplement was filed on October 5, 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 audio processing hardware, software, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,049,607 (``the '607 patent''); U.S. Patent No. 6,363,345 (``the '345 patent''); and U.S. Patent No. 6,377,637 (``the '637 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 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. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. SUPPLEMENTARY INFORMATION: 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 October 19, 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 audio processing hardware, software, and products containing the same by reason of infringement of one or more of claims 1-12 and 25-37 of the '607 patent; claims 1-25, 38-40, and 42-47 of the '345 patent; claims 1-14 of the '637 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) For the purpose of the investigation so instituted, the following are hereby named as parties upon which [[Page 73419]] this notice of investigation shall be served: (a) The complainant is: Andrea Electronics Corp., 620 Johnson Avenue, Suite 1B, Bohemia, NY 11716. (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 Samsung Electronics Co., Ltd., 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, NJ 07660 (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: October 19, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-25722 Filed 10-24-16; 8:45 am] BILLING CODE 7020-02-P
![73418 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices
For further information concerning Determination.—The Commission has Commission, 500 E Street SW., Room
the conduct of these reviews and rules determined these reviews are 112, Washington, DC 20436, telephone
of general application, consult the extraordinarily complicated and (202) 205–2000. Hearing impaired
Commission’s Rules of Practice and therefore has determined to exercise its individuals are advised that information
Procedure, part 201, subparts A and B authority to extend the review period by on this matter can be obtained by
(19 CFR part 201), and part 207, up to 90 days pursuant to 19 U.S.C. contacting the Commission’s TDD
subparts A, D, E, and F (19 CFR part 1675(c)(5)(B). terminal on (202) 205–1810. Persons
207). Authority: These reviews are being with mobility impairments who will
Staff report.—A staff report conducted under authority of title VII of the need special assistance in gaining access
containing information concerning the Tariff Act of 1930; this notice is published to the Commission should contact the
subject matter of the reviews will be pursuant to section 207.62 of the Office of the Secretary at (202) 205–
placed in the nonpublic record on Commission’s rules. 2000. General information concerning
October 27, 2016, and made available to By order of the Commission. the Commission may also be obtained
persons on the Administrative by accessing its internet server at
Issued: October 19, 2016.
Protective Order service list for these https://www.usitc.gov. The public
reviews. A public version will be issued Lisa R. Barton,
record for this investigation may be
thereafter, pursuant to section Secretary to the Commission.
viewed on the Commission’s electronic
207.62(d)(4) of the Commission’s rules. [FR Doc. 2016–25720 Filed 10–24–16; 8:45 am]
docket (EDIS) at https://edis.usitc.gov.
Written submissions.—As provided in BILLING CODE 7020–02–P
FOR FURTHER INFORMATION CONTACT: The
section 207.62(d) of the Commission’s
Office of Unfair Import Investigations,
rules, interested parties that are parties
INTERNATIONAL TRADE U.S. International Trade Commission,
to the reviews and that have provided
COMMISSION telephone (202) 205–2560.
individually adequate responses to the
notice of institution,3 and any party SUPPLEMENTARY INFORMATION:
[Investigation No. 337–TA–1026] Authority: The authority for
other than an interested party to the
reviews may file written comments with institution of this investigation is
Certain Audio Processing Hardware,
the Secretary on what determination the contained in section 337 of the Tariff
Software, and Products Containing the
Commission should reach in the Act of 1930, as amended, and in section
Same; Institution of Investigation
reviews. Comments are due on or before 210.10 of the Commission’s Rules of
November 1, 2016 and may not contain AGENCY: U.S. International Trade Practice and Procedure, 19 CFR 210.10
new factual information. Any person Commission. (2015).
that is neither a party to the five-year ACTION: Notice. Scope of Investigation: Having
reviews nor an interested party may considered the complaint, the U.S.
submit a brief written statement (which SUMMARY: Notice is hereby given that a International Trade Commission, on
shall not contain any new factual complaint was filed with the U.S. October 19, 2016, Ordered that—
information) pertinent to the reviews by International Trade Commission on (1) Pursuant to subsection (b) of
November 1, 2016. However, should the September 19, 2016, under section 337 section 337 of the Tariff Act of 1930, as
Department of Commerce extend the of the Tariff Act of 1930, as amended, amended, an investigation be instituted
time limit for its completion of the final 19 U.S.C. 1337, on behalf of Andrea to determine whether there is a
results of its reviews, the deadline for Electronics Corp. of Bohemia, New violation of subsection (a)(1)(B) of
comments (which may not contain new York. A supplement was filed on section 337 in the importation into the
factual information) on Commerce’s October 5, 2016. The complaint, as United States, the sale for importation,
final results is three business days after supplemented, alleges violations of or the sale within the United States after
the issuance of Commerce’s results. If section 337 based upon the importation importation of certain audio processing
comments contain business proprietary into the United States, the sale for hardware, software, and products
information (BPI), they must conform importation, and the sale within the containing the same by reason of
with the requirements of sections 201.6, United States after importation of infringement of one or more of claims
207.3, and 207.7 of the Commission’s certain audio processing hardware, 1–12 and 25–37 of the ’607 patent;
rules. The Commission’s rules with software, and products containing the claims 1–25, 38–40, and 42–47 of the
respect to filing were revised effective same by reason of infringement of ’345 patent; claims 1–14 of the ’637
July 25, 2014. See 79 FR 35920 (June 25, certain claims of U.S. Patent No. patent, and whether an industry in the
2014), and the revised Commission 6,049,607 (‘‘the ’607 patent’’); U.S. United States exists as required by
Handbook on E-filing, available from the Patent No. 6,363,345 (‘‘the ’345 patent’’); subsection (a)(2) of section 337;
Commission’s Web site at https:// and U.S. Patent No. 6,377,637 (‘‘the ’637 (2) Pursuant to Commission Rule
edis.usitc.gov. patent’’). The complaint further alleges 210.50(b)(1), 19 CFR 210.50(b)(1), the
In accordance with sections 201.16(c) that an industry in the United States presiding administrative law judge shall
and 207.3 of the rules, each document exists as required by subsection (a)(2) of take evidence or other information and
filed by a party to the reviews must be section 337. hear arguments from the parties or other
served on all other parties to the reviews The complainant requests that the interested persons with respect to the
(as identified by either the public or BPI Commission institute an investigation public interest in this investigation, as
service list), and a certificate of service and, after the investigation, issue a appropriate, and provide the
must be timely filed. The Secretary will limited exclusion order and cease and Commission with findings of fact and a
mstockstill on DSK3G9T082PROD with NOTICES
not accept a document for filing without desist orders. recommended determination on this
a certificate of service. ADDRESSES: The complaint, except for issue, which shall be limited to the
any confidential information contained statutory public interest factors set forth
3 The Commission has found the responses
therein, is available for inspection in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
submitted by Ames Companies, Inc. and Council during official business hours (8:45 a.m. (3) For the purpose of the
Tool Company, Inc. to be individually adequate.
Comments from other interested parties will not be to 5:15 p.m.) in the Office of the investigation so instituted, the following
accepted (see 19 CFR 207.62(d)(2)). Secretary, U.S. International Trade are hereby named as parties upon which
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![Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices 73419
this notice of investigation shall be INTERNATIONAL TRADE of the Tariff Act of 1930, as amended, and
served: COMMISSION in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(a) The complainant is: Andrea [Investigation No. 337–TA–1025] (2016).
Electronics Corp., 620 Johnson Avenue, Scope of Investigation: Having
Suite 1B, Bohemia, NY 11716. Certain Silicon-on-Insulator Wafers; considered the complaint, the U.S.
(b) The respondents are the following Institution of Investigation International Trade Commission, on
entities alleged to be in violation of October 19, 2016, Ordered that—
AGENCY: U.S. International Trade
section 337, and are the parties upon (1) Pursuant to subsection (b) of
Commission.
which the complaint is to be served: section 337 of the Tariff Act of 1930, as
ACTION: Notice. amended, an investigation be instituted
Apple Inc., 1 Infinite Loop, Cupertino,
SUMMARY: Notice is hereby given that a to determine whether there is a
CA 95014
complaint was filed with the U.S. violation of subsection (a)(1)(B) of
Samsung Electronics Co., Ltd., 129, section 337 in the importation into the
Samsung-ro, Yeongtong-gu, Suwon-si, International Trade Commission on May
26, 2016, under section 337 of the Tariff United States, the sale for importation,
Gyeonggi-do, Korea or the sale within the United States after
Act of 1930, as amended, 19 U.S.C.
Samsung Electronics America, Inc., 85 1337, on behalf of Silicon Genesis importation of certain silicon-on-
Challenger Road, Ridgefield Park, NJ Corporation of Santa Clara, California. insulator wafers by reason of
07660 Supplements were filed on October 3 infringement of one or more of claims 1,
(c) The Office of Unfair Import and 7, 2016. The complaint, as 3, 28 and 39 of the ’672 patent and
Investigations, U.S. International Trade supplemented, alleges violations of claims 1–3 and 5 of the ’965 patent, and
Commission, 500 E Street SW., Suite section 337 based upon the importation whether an industry in the United
401, Washington, DC 20436; and into the United States, the sale for States exists as required by subsection
importation, and the sale within the (a)(2) of section 337;
(4) For the investigation so instituted, (2) Notwithstanding any Commission
the Chief Administrative Law Judge, United States after importation of
certain silicon-on-insulator wafers by Rules that would otherwise apply, the
U.S. International Trade Commission, presiding Administrative Law Judge
shall designate the presiding reason of infringement of U.S. Patent
No. 6,458,672 (‘‘the ’672 patent’’) and shall hold an early evidentiary hearing,
Administrative Law Judge. find facts, and issue an early decision,
U.S. Patent No. 6,171,965 (‘‘the ’965
Responses to the complaint and the as to whether the complainant has
patent’’). The complaint further alleges
notice of investigation must be satisfied the economic prong of the
that an industry in the United States
submitted by the named respondents in domestic industry requirement. Any
exists as required by subsection (a)(2) of
accordance with section 210.13 of the such decision shall be in the form of an
section 337.
Commission’s Rules of Practice and initial determination (ID). Petitions for
The complainant requests that the
Procedure, 19 CFR 210.13. Pursuant to review of such an ID shall be due five
Commission institute an investigation
19 CFR 201.16(e) and 210.13(a), such calendar days after service of the ID; any
and, after the investigation, issue a
responses will be considered by the replies shall be due three business days
limited exclusion order and a cease and
Commission if received not later than 20 after service of a petition. The ID will
desist order.
days after the date of service by the become the Commission’s final
Commission of the complaint and the ADDRESSES: The complaint, except for
determination 30 days after the date of
notice of investigation. Extensions of any confidential information contained service of the ID unless the Commission
time for submitting responses to the therein, is available for inspection determines to review the ID. Any such
complaint and the notice of during official business hours (8:45 a.m. review will be conducted in accordance
investigation will not be granted unless to 5:15 p.m.) in the Office of the with Commission Rules 210.43, 210.44,
good cause therefor is shown. Secretary, U.S. International Trade and 210.45, 19 CFR 210.43, 210.44, and
Commission, 500 E Street SW., Room 210.45. The Commission expects the
Failure of a respondent to file a timely 112, Washington, DC 20436, telephone
response to each allegation in the issuance of an early ID relating to the
(202) 205–2000. Hearing impaired economic prong of the domestic
complaint and in this notice may be individuals are advised that information
deemed to constitute a waiver of the industry requirement within 100 days of
on this matter can be obtained by institution, except that the presiding
right to appear and contest the contacting the Commission’s TDD
allegations of the complaint and this ALJ may grant a limited extension of the
terminal on (202) 205–1810. Persons ID for good cause shown. The issuance
notice, and to authorize the with mobility impairments who will
administrative law judge and the of an early ID finding that complainants
need special assistance in gaining access do not satisfy the economic prong of the
Commission, without further notice to to the Commission should contact the
the respondent, to find the facts to be as domestic industry requirement shall
Office of the Secretary at (202) 205– stay the investigation unless the
alleged in the complaint and this notice 2000. General information concerning
and to enter an initial determination Commission orders otherwise; any other
the Commission may also be obtained decision shall not stay the investigation
and a final determination containing by accessing its internet server at
such findings, and may result in the or delay the issuance of a final ID
https://www.usitc.gov. The public covering the other issues of the
issuance of an exclusion order or a cease record for this investigation may be
and desist order or both directed against investigation;
viewed on the Commission’s electronic (3) Pursuant to Commission Rule
mstockstill on DSK3G9T082PROD with NOTICES
the respondent. docket (EDIS) at https://edis.usitc.gov. 210.50(b)(1), 19 CFR 210.50(b)(1), the
By order of the Commission. FOR FURTHER INFORMATION CONTACT: The presiding administrative law judge shall
Issued: October 19, 2016. Office of Unfair Import Investigations, take evidence or other information and
Lisa R. Barton, U.S. International Trade Commission, hear arguments from the parties or other
Secretary to the Commission. telephone (202) 205–2560. interested persons with respect to the
[FR Doc. 2016–25722 Filed 10–24–16; 8:45 am] Authority: The authority for institution of public interest in this investigation, as
BILLING CODE 7020–02–P this investigation is contained in section 337 appropriate, and provide the
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Document Created: 2018-02-13 16:38:20
Document Modified: 2018-02-13 16:38:20
| 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 73418 |
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