82_FR_20719 82 FR 20635 - Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Institution of Investigation

82 FR 20635 - Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 84 (May 3, 2017)

Page Range20635-20636
FR Document2017-08924

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 29, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Motorola Solutions, Inc. of Chicago, Illinois. The complaint 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 two-way radio equipment and systems, related software and components thereof by reason of infringement of U.S. Patent No. 8,116,284 (``the '284 patent''); U.S. Patent No. 8,279,991 (``the '991 patent''); U.S. Patent No. 7,369,869 (``the '869 patent''); U.S. Patent No. 8,032,169 (``the '169 patent''); U.S. Patent No. 7,729,701 (``the '701 patent''); U.S. Patent No. 9,099,972 (``the '972 patent''); and U.S. Patent No. 6,591,111 (``the '111 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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 82 Issue 84 (Wednesday, May 3, 2017)
[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Notices]
[Pages 20635-20636]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08924]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1053]


Certain Two-Way Radio Equipment and Systems, Related Software 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 29, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Motorola 
Solutions, Inc. of Chicago, Illinois. The complaint 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 two-way radio equipment and systems, related 
software and components thereof by reason of infringement of U.S. 
Patent No. 8,116,284 (``the '284 patent''); U.S. Patent No. 8,279,991 
(``the '991 patent''); U.S. Patent No. 7,369,869 (``the '869 patent''); 
U.S. Patent No. 8,032,169 (``the '169 patent''); U.S. Patent No. 
7,729,701 (``the '701 patent''); U.S. Patent No. 9,099,972 (``the '972 
patent''); and U.S. Patent No. 6,591,111 (``the '111 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by the applicable Federal Statute.
    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 the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S.

[[Page 20636]]

International Trade Commission, on April 26, 2017, 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 two-way 
radio equipment and systems, related software and components thereof by 
reason of infringement of one or more of claims 1, 2, 4-10, 12-16, 18, 
and 19 of the '284 patent; claims 1-5, 7, 8, 10, 12-16, 18, 20-25, 27, 
29, and 30 of the '169 patent; claims 1-14, and 17-24 of the '869 
patent; claims 1-5, 8-15, 17, and 18 of the '701 patent; claims 7 and 8 
of the '991 patent; claims 1, 3, 4, and 6-8 of the '972 patent; and 
claims 1 and 3-16 of the '111 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) 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: Motorola Solutions, Inc., 500 W. Monroe 
Street, Chicago, IL 60661.
    (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:

Hytera Communications Corp. Ltd., Hytera Tower, Hi-Tech Industrial Park 
North #9108, Beihuan Road, Nanshan District, Shenzhen, China
Hytera America, Inc., 3315 Commerce Parkway, Miramar, FL 33025
Hytera Communications America (West), Inc., 300 Spectrum Center Drive, 
Suite 1120, Irvine, CA 92618

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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: April 28, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-08924 Filed 5-2-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Notices                                              20635

                                               have the right to appear as parties in                  edis.usitc.gov, elaborates upon the                   March 29, 2017, under section 337 of
                                               Commission antidumping duty and                         Commission’s rules with respect to                    the Tariff Act of 1930, as amended, on
                                               countervailing duty investigations. The                 electronic filing.                                    behalf of Motorola Solutions, Inc. of
                                               Secretary will prepare a public service                    In accordance with sections 201.16(c)              Chicago, Illinois. The complaint alleges
                                               list containing the names and addresses                 and 207.3 of the rules, each document                 violations of section 337 based upon the
                                               of all persons, or their representatives,               filed by a party to the investigations                importation into the United States, the
                                               who are parties to these investigations                 must be served on all other parties to                sale for importation, and the sale within
                                               upon the expiration of the period for                   the investigations (as identified by                  the United States after importation of
                                               filing entries of appearance.                           either the public or BPI service list), and           certain two-way radio equipment and
                                                  Limited disclosure of business                       a certificate of service must be timely               systems, related software and
                                               proprietary information (BPI) under an                  filed. The Secretary will not accept a                components thereof by reason of
                                               administrative protective order (APO)                   document for filing without a certificate             infringement of U.S. Patent No.
                                               and BPI service list.—Pursuant to                       of service.                                           8,116,284 (‘‘the ’284 patent’’); U.S.
                                               section 207.7(a) of the Commission’s                       Certification.—Pursuant to section                 Patent No. 8,279,991 (‘‘the ’991 patent’’);
                                               rules, the Secretary will make BPI                      207.3 of the Commission’s rules, any                  U.S. Patent No. 7,369,869 (‘‘the ’869
                                               gathered in these investigations                        person submitting information to the                  patent’’); U.S. Patent No. 8,032,169 (‘‘the
                                               available to authorized applicants                      Commission in connection with these                   ’169 patent’’); U.S. Patent No. 7,729,701
                                               representing interested parties (as                     investigations must certify that the                  (‘‘the ’701 patent’’); U.S. Patent No.
                                               defined in 19 U.S.C. 1677(9)) who are                   information is accurate and complete to               9,099,972 (‘‘the ’972 patent’’); and U.S.
                                               parties to the investigations under the                 the best of the submitter’s knowledge. In             Patent No. 6,591,111 (‘‘the ’111 patent’’).
                                               APO issued in the investigations,                       making the certification, the submitter               The complaint further alleges that an
                                               provided that the application is made                   will acknowledge that any information                 industry in the United States exists as
                                               not later than seven days after the                     that it submits to the Commission                     required by the applicable Federal
                                               publication of this notice in the Federal               during these investigations may be                    Statute.
                                               Register. A separate service list will be               disclosed to and used: (i) By the                        The complainant requests that the
                                               maintained by the Secretary for those                   Commission, its employees and Offices,                Commission institute an investigation
                                               parties authorized to receive BPI under                 and contract personnel (a) for                        and, after the investigation, issue a
                                               the APO.                                                developing or maintaining the records                 limited exclusion order and cease and
                                                  Conference.—The Commission’s                         of these or related investigations or                 desist orders.
                                               Director of Investigations has scheduled                reviews, or (b) in internal investigations,
                                               a conference in connection with these                                                                         ADDRESSES: The complaint, except for
                                                                                                       audits, reviews, and evaluations relating
                                               investigations for 9:30 a.m. on                                                                               any confidential information contained
                                                                                                       to the programs, personnel, and
                                               Thursday, May 18, 2017, at the U.S.                                                                           therein, is available for inspection
                                                                                                       operations of the Commission including
                                               International Trade Commission                                                                                during official business hours (8:45 a.m.
                                                                                                       under 5 U.S.C. Appendix 3; or (ii) by
                                               Building, 500 E Street SW., Washington,                                                                       to 5:15 p.m.) in the Office of the
                                                                                                       U.S. government employees and
                                               DC. Requests to appear at the conference                                                                      Secretary, U.S. International Trade
                                                                                                       contract personnel, solely for
                                               should be emailed to William.Bishop@                                                                          Commission, 500 E Street SW., Room
                                                                                                       cybersecurity purposes. All contract
                                               usitc.gov and Sharon.Bellamy@usitc.gov                                                                        112, Washington, DC 20436, telephone
                                                                                                       personnel will sign appropriate
                                               (DO NOT FILE ON EDIS) on or before                                                                            (202) 205–2000. Hearing impaired
                                                                                                       nondisclosure agreements.
                                               May 16, 2017. Parties in support of the                                                                       individuals are advised that information
                                               imposition of countervailing and                          Authority: These investigations are being           on this matter can be obtained by
                                               antidumping duties in these                             conducted under authority of title VII of the         contacting the Commission’s TDD
                                                                                                       Tariff Act of 1930; this notice is published
                                               investigations and parties in opposition                                                                      terminal on (202) 205–1810. Persons
                                                                                                       pursuant to section 207.12 of the
                                               to the imposition of such duties will                   Commission’s rules.                                   with mobility impairments who will
                                               each be collectively allocated one hour                                                                       need special assistance in gaining access
                                               within which to make an oral                              By order of the Commission.                         to the Commission should contact the
                                               presentation at the conference. A                         Issued: April 27, 2017.                             Office of the Secretary at (202) 205–
                                               nonparty who has testimony that may                     Lisa R. Barton,                                       2000. General information concerning
                                               aid the Commission’s deliberations may                  Secretary to the Commission.                          the Commission may also be obtained
                                               request permission to present a short                   [FR Doc. 2017–08894 Filed 5–2–17; 8:45 am]            by accessing its internet server at
                                               statement at the conference.                            BILLING CODE 7020–02–P
                                                                                                                                                             https://www.usitc.gov. The public
                                                  Written submissions.—As provided in                                                                        record for this investigation may be
                                               sections 201.8 and 207.15 of the                                                                              viewed on the Commission’s electronic
                                               Commission’s rules, any person may                      INTERNATIONAL TRADE                                   docket (EDIS) at https://edis.usitc.gov.
                                               submit to the Commission on or before                   COMMISSION                                            FOR FURTHER INFORMATION CONTACT: The
                                               May 23, 2017, a written brief containing
                                                                                                       [Investigation No. 337–TA–1053]                       Office of the Secretary, Docket Services
                                               information and arguments pertinent to
                                                                                                                                                             Division, U.S. International Trade
                                               the subject matter of the investigations.
                                                                                                       Certain Two-Way Radio Equipment and                   Commission, telephone (202) 205–1802.
                                               Parties may file written testimony in
                                               connection with their presentation at                   Systems, Related Software and                         SUPPLEMENTARY INFORMATION:
                                               the conference. All written submissions                 Components Thereof; Institution of                       Authority: The authority for
                                               must conform with the provisions of                     Investigation                                         institution of this investigation is
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                                               section 201.8 of the Commission’s rules;                AGENCY: U.S. International Trade                      contained in section 337 of the Tariff
                                               any submissions that contain BPI must                   Commission.                                           Act of 1930, as amended, 19 U.S.C. 1337
                                               also conform with the requirements of                   ACTION: Notice.
                                                                                                                                                             and in section 210.10 of the
                                               sections 201.6, 207.3, and 207.7 of the                                                                       Commission’s Rules of Practice and
                                               Commission’s rules. The Commission’s                    SUMMARY:  Notice is hereby given that a               Procedure, 19 CFR 210.10 (2017).
                                               Handbook on E-Filing, available on the                  complaint was filed with the U.S.                        Scope of Investigation: Having
                                               Commission’s Web site at https://                       International Trade Commission on                     considered the complaint, the U.S.


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                                               20636                         Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Notices

                                               International Trade Commission, on                      complaint and the notice of                           SUPPLEMENTARY INFORMATION:        Written
                                               April 26, 2017, ordered that—                           investigation will not be granted unless              comments and suggestions from the
                                                 (1) Pursuant to subsection (b) of                     good cause therefor is shown.                         public and affected agencies concerning
                                               section 337 of the Tariff Act of 1930, as                  Failure of a respondent to file a timely           the proposed collection of information
                                               amended, an investigation be instituted                 response to each allegation in the                    are encouraged. Your comments should
                                               to determine whether there is a                         complaint and in this notice may be                   address one or more of the following
                                               violation of subsection (a)(1)(B) of                    deemed to constitute a waiver of the                  four points:
                                               section 337 in the importation into the                 right to appear and contest the                       —Evaluate whether the proposed
                                               United States, the sale for importation,                allegations of the complaint and this                    collection of information is necessary
                                               or the sale within the United States after              notice, and to authorize the                             for the proper performance of the
                                               importation of certain two-way radio                    administrative law judge and the                         functions of the Bureau of Justice
                                               equipment and systems, related                          Commission, without further notice to                    Statistics, including whether the
                                               software and components thereof by                      the respondent, to find the facts to be as               information will have practical utility;
                                               reason of infringement of one or more of                alleged in the complaint and this notice              —Evaluate the accuracy of the agency’s
                                               claims 1, 2, 4–10, 12–16, 18, and 19 of                 and to enter an initial determination                    estimate of the burden of the
                                               the ’284 patent; claims 1–5, 7, 8, 10,                  and a final determination containing                     proposed collection of information,
                                               12–16, 18, 20–25, 27, 29, and 30 of the                 such findings, and may result in the                     including the validity of the
                                               ’169 patent; claims 1–14, and 17–24 of                  issuance of an exclusion order or a cease                methodology and assumptions used;
                                               the ’869 patent; claims 1–5, 8–15, 17,                  and desist order or both directed against             —Evaluate whether and if so how the
                                               and 18 of the ’701 patent; claims 7 and                 the respondent.                                          quality, utility, and clarity of the
                                               8 of the ’991 patent; claims 1, 3, 4, and                                                                        information to be collected can be
                                                                                                         By order of the Commission.
                                               6–8 of the ’972 patent; and claims 1 and                                                                         enhanced; and
                                                                                                         Issued: April 28, 2017.                             —Minimize the burden of the collection
                                               3–16 of the ’111 patent, and whether an                 Lisa R. Barton,
                                               industry in the United States exists as                                                                          of information on those who are to
                                                                                                       Secretary to the Commission.                             respond, including through the use of
                                               required by subsection (a)(2) of section
                                               337;                                                    [FR Doc. 2017–08924 Filed 5–2–17; 8:45 am]               appropriate automated, electronic,
                                                 (2) For the purpose of the                            BILLING CODE 7020–02–P                                   mechanical, or other technological
                                               investigation so instituted, the following                                                                       collection techniques or other forms
                                               are hereby named as parties upon which                                                                           of information technology, e.g.,
                                               this notice of investigation shall be                   DEPARTMENT OF JUSTICE                                    permitting electronic submission of
                                               served:                                                                                                          responses.
                                                                                                       Bureau of Justice Statistics                             Overview of this information
                                                 (a) The complainant is: Motorola
                                               Solutions, Inc., 500 W. Monroe Street,                  [OMB Number 1121–NEW]                                 collection:
                                                                                                                                                                1. Type of Information Collection:
                                               Chicago, IL 60661.
                                                                                                       Agency Information Collection                         New collection.
                                                 (b) The respondents are the following                                                                          2. The Title of the Form/Collection:
                                               entities alleged to be in violation of                  Activities; Proposed eCollection
                                                                                                       eComments Requested; New                              Supplemental Fraud Survey (SFS) to the
                                               section 337, and are the parties upon                                                                         National Crime Victimization Survey
                                               which the complaint is to be served:                    Collection: Supplemental Fraud Survey
                                                                                                       (SFS) to the National Crime                           (NCVS) 2017.
                                               Hytera Communications Corp. Ltd.,                                                                                3. The agency form number, if any,
                                                 Hytera Tower, Hi-Tech Industrial Park                 Victimization Survey (NCVS) 2017
                                                                                                                                                             and the applicable component of the
                                                 North #9108, Beihuan Road, Nanshan                    AGENCY:  Bureau of Justice Statistics,                Department sponsoring the collection:
                                                 District, Shenzhen, China                             Department of Justice.                                The form number for the questionnaire
                                               Hytera America, Inc., 3315 Commerce                     ACTION: 60-day Notice.                                is SFS–1. The applicable component
                                                 Parkway, Miramar, FL 33025                                                                                  within the Department of Justice is the
                                               Hytera Communications America                           SUMMARY:   The Department of Justice                  Bureau of Justice Statistics, in the Office
                                                 (West), Inc., 300 Spectrum Center                     (DOJ), Office of Justice Programs,                    of Justice Programs.
                                                 Drive, Suite 1120, Irvine, CA 92618                   Bureau of Justice Statistics, will be                    4. Affected public who will be asked
                                                 (3) For the investigation so instituted,              submitting the following information                  or required to respond, as well as a brief
                                               the Chief Administrative Law Judge,                     collection request to the Office of                   abstract: Respondents will be persons
                                               U.S. International Trade Commission,                    Management and Budget (OMB) for                       age 18 or older living in households
                                               shall designate the presiding                           review and approval in accordance with                located throughout the United States
                                               Administrative Law Judge.                               the Paperwork Reduction Act of 1995.                  sampled for the National Crime
                                                 The Office of Unfair Import                           DATES: Comments are encouraged and                    Victimization Survey (NCVS). The SFS
                                               Investigations will not participate as a                will be accepted for 60 days until July               will be conducted as a supplement to
                                               party in this investigation.                            3, 2017.                                              the NCVS in all sampled households for
                                                 Responses to the complaint and the                    FOR FURTHER INFORMATION CONTACT: If                   a three (3) month period. The SFS is an
                                               notice of investigation must be                         you have additional comments                          effort to measure the prevalence of
                                               submitted by the named respondents in                   especially on the estimated public                    financial fraud victimization among
                                               accordance with section 210.13 of the                   burden or associated response time,                   persons 18 or older, characteristics of
                                               Commission’s Rules of Practice and                      suggestions, or need a copy of the                    fraud victims, and patterns of reporting
                                               Procedure, 19 CFR 210.13. Pursuant to                   proposed information collection                       fraud victimization to the police and
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                                               19 CFR 201.16(e) and 210.13(a), such                    instrument with instructions or                       other agencies. BJS plans to publish this
                                               responses will be considered by the                     additional information, please contact                information in reports and reference it
                                               Commission if received not later than 20                Rachel Morgan, Statistician, Bureau of                when responding to queries from the
                                               days after the date of service by the                   Justice Statistics, 810 Seventh Street                U.S. Congress, Executive Office of the
                                               Commission of the complaint and the                     NW., Washington, DC 20531 (email:                     President, the U.S. Supreme Court, state
                                               notice of investigation. Extensions of                  Rachel.Morgan@usdoj.gov; telephone:                   officials, international organizations,
                                               time for submitting responses to the                    202–616–1707).                                        researchers, students, the media, and


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Document Created: 2018-11-08 08:36:48
Document Modified: 2018-11-08 08:36:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactThe Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation82 FR 20635 

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