83 FR 53105 - Certain LTE- and 3G-Compliant Cellular Communications Devices Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 203 (October 19, 2018)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 14, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of INVT SPE LLC of San Francisco, California. 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 LTE- and 3G-compliant cellular communications devices by reason of infringement of certain claims of U.S. Patent No. 6,760,590 (``the '590 patent''); U.S. Patent No. 7,206,587 (``the '587 patent''); U.S. Patent No. 7,764,711 (``the '711 patent''); U.S. Patent No. 7,848,439 (``the '439 patent''); and U.S. Patent No. 7,339,949 (``the '949 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 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53105-53106]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22869]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1138]


Certain LTE- and 3G-Compliant Cellular Communications Devices 
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 September 14, 2018, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of INVT 
SPE LLC of San Francisco, California. 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 LTE- and 3G-compliant cellular communications 
devices by reason of infringement of certain claims of U.S. Patent No. 
6,760,590 (``the '590 patent''); U.S. Patent No. 7,206,587 (``the '587 
patent''); U.S. Patent No. 7,764,711 (``the '711 patent''); U.S. Patent 
No. 7,848,439 (``the '439 patent''); and U.S. Patent No. 7,339,949 
(``the '949 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: 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 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 15, 2018, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 3 and 4 of the '590 patent; claim 4 of the '587 patent; claims 
1, 2, and 4 of the '711 patent; claims 1-3 of the '439 patent; and 
claim 16 of the '949 patent; and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``personal electronic 
devices that are compliant with the LTE and/or 3G 3GPP specifications, 
and which enable LTE and/or 3G data transfer and communications'';
    (3) 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 and other interested 
persons with respect to

[[Page 53106]]

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);
    (4) 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:

INVT SPE LLC, One Market Plaza, Spear Tower, 42nd Floor, San Francisco, 
CA 94105.

    (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.
HTC Corporation, 23 Xinghua Road, Taoyuan City, Taoyuan County 330, 
Taiwan.
HTC America, Inc., 308 Occidental Ave. S, Suite 300, Seattle, WA 98104.
ZTE Corporation, ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, 
Nanshan District, Guangdong Province, 518057, China.
ZTE (USA) Inc., 2425 N Central Expressway, Suite 800, Richardson, TX 
75080.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) 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 16, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-22869 Filed 10-18-18; 8:45 am]
 BILLING CODE 7020-02-P