82 FR 37899 - Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range		37899-37899
FR Document		2017-17057

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 7, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Qualcomm Incorporated of San Diego, California. A supplement was filed on July 7, 2017. 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 electronic devices and radio frequency and processing components thereof by reason of infringement of U.S. Patent No. 8,633,936 (``the '936 patent''); U.S. Patent No. 8,698,558 (``the '558 patent''); U.S. Patent No. 8,487,658 (``the '658 patent''); U.S. Patent No. 8,838,949 (``the '949 patent''); U.S. Patent No. 9,535,490 (``the '490 patent''); and U.S. Patent No. 9,608,675 (``the '675 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 a cease and desist order.

Federal Register, Volume 82 Issue 155 (Monday, August 14, 2017)

[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Page 37899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17057]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1065]


Certain Mobile Electronic Devices and Radio Frequency and 
Processing 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 July 7, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Qualcomm 
Incorporated of San Diego, California. A supplement was filed on July 
7, 2017. 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 electronic devices and radio frequency and processing 
components thereof by reason of infringement of U.S. Patent No. 
8,633,936 (``the '936 patent''); U.S. Patent No. 8,698,558 (``the '558 
patent''); U.S. Patent No. 8,487,658 (``the '658 patent''); U.S. Patent 
No. 8,838,949 (``the '949 patent''); U.S. Patent No. 9,535,490 (``the 
'490 patent''); and U.S. Patent No. 9,608,675 (``the '675 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 a cease and desist order.

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: Pathenia M. Proctor, 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, 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. 
International Trade Commission, on August 8, 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 mobile 
electronic devices and radio frequency and processing components 
thereof by reason of infringement of one or more of claims 1-27, 29, 
38, 49, 55-60, 67, and 68 of the '936 patent; claims 1 and 6-20 of the 
'558 patent; claims 9, 10, 12, 14, and 20-22 of the '658 patent; claims 
1-8, 10-14, 16, 20, and 22 of the '949 patent; claims 1-6, 8, 10, 16, 
17, and 31 of the '490 patent; and claims 1-3 and 7-14 of the '675 
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 this notice of 
investigation shall be served:
    (a) The complainant is: Qualcomm Incorporated, 5775 Morehouse 
Drive, San Diego, CA 92121.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
    (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 respondent 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 the 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: August 8, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-17057 Filed 8-11-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37899

and desist order or both directed against terminal on (202) 205–1810. Persons this notice of investigation shall be
the respondent. with mobility impairments who will served:
By order of the Commission. need special assistance in gaining access (a) The complainant is: Qualcomm
Issued: August 8, 2017.
to the Commission should contact the Incorporated, 5775 Morehouse Drive,
Office of the Secretary at (202) 205– San Diego, CA 92121.
Lisa R. Barton,
2000. General information concerning
Secretary to the Commission. the Commission may also be obtained (b) The respondent is the following
[FR Doc. 2017–17058 Filed 8–11–17; 8:45 am] by accessing its internet server at entity alleged to be in violation of
BILLING CODE P https://www.usitc.gov. The public section 337, and is the party upon
record for this investigation may be which the complaint is to be served:
viewed on the Commission’s electronic Apple Inc., 1 Infinite Loop, Cupertino,
INTERNATIONAL TRADE docket (EDIS) at https://edis.usitc.gov. CA 95014.
COMMISSION
FOR FURTHER INFORMATION CONTACT: (c) The Office of Unfair Import
[Investigation No. 337–TA–1065] Pathenia M. Proctor, The Office of Investigations, U.S. International Trade
Unfair Import Investigations, U.S. Commission, 500 E Street SW., Suite
Certain Mobile Electronic Devices and International Trade Commission, 401, Washington, DC 20436; and
Radio Frequency and Processing telephone (202) 205–2560.
Components Thereof; Institution of (4) For the investigation so instituted,
SUPPLEMENTARY INFORMATION:
Investigation the Chief Administrative Law Judge,
Authority: The authority for
U.S. International Trade Commission,
AGENCY: U.S. International Trade institution of this investigation is
shall designate the presiding
Commission. contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337 Administrative Law Judge.
ACTION: Notice.
and in section 210.10 of the Responses to the complaint and the
SUMMARY: Notice is hereby given that a Commission’s Rules of Practice and notice of investigation must be
complaint was filed with the U.S. Procedure, 19 CFR 210.10 (2017). submitted by the named respondent in
International Trade Commission on July Scope of Investigation: Having accordance with section 210.13 of the
7, 2017, under section 337 of the Tariff considered the complaint, the U.S. Commission’s Rules of Practice and
Act of 1930, as amended, on behalf of International Trade Commission, on Procedure, 19 CFR 210.13. Pursuant to
Qualcomm Incorporated of San Diego, August 8, 2017, ordered that— 19 CFR 201.16(e) and 210.13(a), such
California. A supplement was filed on (1) Pursuant to subsection (b) of responses will be considered by the
July 7, 2017. The complaint, as section 337 of the Tariff Act of 1930, as Commission if received not later than 20
supplemented, alleges violations of amended, an investigation be instituted days after the date of service by the
section 337 based upon the importation to determine whether there is a Commission of the complaint and the
into the United States, the sale for violation of subsection (a)(1)(B) of notice of investigation. Extensions of
importation, and the sale within the section 337 in the importation into the time for submitting responses to the
United States after importation of United States, the sale for importation,
certain mobile electronic devices and complaint and the notice of
or the sale within the United States after
radio frequency and processing investigation will not be granted unless
importation of certain mobile electronic
components thereof by reason of devices and radio frequency and good cause therefor is shown.
infringement of U.S. Patent No. processing components thereof by Failure of the respondent to file a
8,633,936 (‘‘the ’936 patent’’); U.S. reason of infringement of one or more of timely response to each allegation in the
Patent No. 8,698,558 (‘‘the ’558 patent’’); claims 1–27, 29, 38, 49, 55–60, 67, and complaint and in this notice may be
U.S. Patent No. 8,487,658 (‘‘the ’658 68 of the ’936 patent; claims 1 and 6– deemed to constitute a waiver of the
patent’’); U.S. Patent No. 8,838,949 (‘‘the 20 of the ’558 patent; claims 9, 10, 12, right to appear and contest the
’949 patent’’); U.S. Patent No. 9,535,490 14, and 20–22 of the ’658 patent; claims allegations of the complaint and this
(‘‘the ’490 patent’’); and U.S. Patent No. 1–8, 10–14, 16, 20, and 22 of the ’949 notice, and to authorize the
9,608,675 (‘‘the ’675 patent’’). The patent; claims 1–6, 8, 10, 16, 17, and 31 administrative law judge and the
complaint further alleges that an of the ’490 patent; and claims 1–3 and Commission, without further notice to
industry in the United States exists as 7–14 of the ’675 patent; and whether an the respondent, to find the facts to be as
required by the applicable Federal industry in the United States exists as alleged in the complaint and this notice
Statute. required by subsection (a)(2) of section and to enter an initial determination
The complainant requests that the 337; and a final determination containing
Commission institute an investigation (2) Pursuant to Commission Rule
and, after the investigation, issue a such findings, and may result in the
210.50(b)(1), 19 CFR 210.50(b)(1), the
limited exclusion order and a cease and issuance of an exclusion order or a cease
presiding Administrative Law Judge
desist order. and desist order or both directed against
shall take evidence or other information
ADDRESSES: The complaint, except for and hear arguments from the parties or the respondent.
any confidential information contained other interested persons with respect to By order of the Commission.
therein, is available for inspection the public interest in this investigation, Issued: August 8, 2017.
during official business hours (8:45 a.m. as appropriate, and provide the Lisa R. Barton,
to 5:15 p.m.) in the Office of the Commission with findings of fact and a
sradovich on DSK3GMQ082PROD with NOTICES

Secretary to the Commission.
Secretary, U.S. International Trade recommended determination on this
[FR Doc. 2017–17057 Filed 8–11–17; 8:45 am]
Commission, 500 E Street SW., Room issue, which shall be limited to the
112, Washington, DC 20436, telephone statutory public interest factors set forth BILLING CODE 7020–02–P

(202) 205–2000. Hearing impaired in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
individuals are advised that information (3) For the purpose of the
on this matter can be obtained by investigation so instituted, the following
contacting the Commission’s TDD are hereby named as parties upon which

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Document Created: 2018-10-24 11:52:50
Document Modified: 2018-10-24 11:52:50

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		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 37899