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)
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 53105-53106 | |
| FR Document | 2018-22869 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53105
detail of cooperating agencies’ organizations or businesses and from (202) 205–2000. Hearing impaired
contributions, and availability of pre- individuals identifying themselves as individuals are advised that information
decisional information. BOEM representatives or officials of on this matter can be obtained by
anticipates this summary will form the organizations or businesses will be contacting the Commission’s TDD
basis for a Memorandum of Agreement made available for public inspection in terminal on (202) 205–1810. Persons
between BOEM and any non-Interior their entirety. with mobility impairments who will
Department cooperating agency. Authority: This NOI is published need special assistance in gaining access
Agencies should also consider the pursuant to the regulations (40 CFR to the Commission should contact the
‘‘Factors for Determining Cooperating 1501.7) implementing the provisions of Office of the Secretary at (202) 205–
Agency Status’’ in Attachment 1 to NEPA. 2000. General information concerning
CEQ’s January 30, 2002, Memorandum Dated: October 12, 2018. the Commission may also be obtained
for the Heads of Federal Agencies: William Yancey Brown, by accessing its internet server at
Cooperating Agencies in Implementing https://www.usitc.gov. The public
Chief Environmental Officer, Bureau of Ocean
the Procedural Requirements of the Energy Management. record for this investigation may be
National Environmental Policy Act. This viewed on the Commission’s electronic
[FR Doc. 2018–22880 Filed 10–18–18; 8:45 am]
document is available on the internet at: docket (EDIS) at https://edis.usitc.gov.
BILLING CODE 4310–MR–P
http://energy.gov/sites/prod/files/ FOR FURTHER INFORMATION CONTACT:
nepapub/nepa_documents/RedDont/G- Pathenia M. Proctor, The Office of
CEQ-CoopAgenciesImplem.pdf. BOEM, Unfair Import Investigations, U.S.
as the lead agency, will not provide INTERNATIONAL TRADE
COMMISSION International Trade Commission,
financial assistance to cooperating telephone (202) 205–2560.
agencies. [Investigation No. 337–TA–1138]
Even if a governmental entity is not a SUPPLEMENTARY INFORMATION:
cooperating agency, it will have Authority: The authority for
Certain LTE- and 3G-Compliant
opportunities to provide information institution of this investigation is
Cellular Communications Devices
and comments to BOEM during the contained in section 337 of the Tariff
Institution of Investigation
public input stages of the NEPA process. Act of 1930, as amended, 19 U.S.C.
Comments: Federal agencies, tribal, AGENCY: U.S. International Trade 1337, and in section 210.10 of the
state, and local governments, and other Commission. Commission’s Rules of Practice and
interested parties are requested to ACTION: Notice. Procedure, 19 CFR 210.10 (2018).
comment on the scope of this EIS, Scope of Investigation: Having
significant issues that should be SUMMARY: Notice is hereby given that a considered the complaint, the U.S.
addressed, and alternatives that should complaint was filed with the U.S. International Trade Commission, on
be considered. Comments can be International Trade Commission on October 15, 2018, ORDERED THAT—
submitted in any of the following ways: September 14, 2018, under section 337 (1) Pursuant to subsection (b) of
1. In written form, delivered by hand of the Tariff Act of 1930, as amended, section 337 of the Tariff Act of 1930, as
or by mail, enclosed in an envelope on behalf of INVT SPE LLC of San amended, an investigation be instituted
labeled, ‘‘Deepwater Wind South Fork Francisco, California. The complaint to determine whether there is a
COP EIS’’ and addressed to Program alleges violations of section 337 based violation of subsection (a)(1)(B) of
Manager, Office of Renewable Energy, upon the importation into the United section 337 in the importation into the
Bureau of Ocean Energy Management, States, the sale for importation, and the United States, the sale for importation,
45600 Woodland Road, Sterling, sale within the United States after or the sale within the United States after
Virginia 20166. Comments must be importation of certain LTE- and 3G- importation of certain products
received or postmarked no later than compliant cellular communications identified in paragraph (2) by reason of
November 19, 2018; or devices by reason of infringement of infringement of one or more of claims 3
2. Through the regulations.gov web certain claims of U.S. Patent No. and 4 of the ’590 patent; claim 4 of the
portal: Navigate to http:// 6,760,590 (‘‘the ’590 patent’’); U.S. ’587 patent; claims 1, 2, and 4 of the
www.regulations.gov and search for Patent No. 7,206,587 (‘‘the ’587 patent’’); ’711 patent; claims 1–3 of the ’439
Docket No. BOEM–2018–0010. Click on U.S. Patent No. 7,764,711 (‘‘the ’711 patent; and claim 16 of the ’949 patent;
the ‘‘Comment Now!’’ button to the right patent’’); U.S. Patent No. 7,848,439 (‘‘the and whether an industry in the United
of the document link. Enter your ’439 patent’’); and U.S. Patent No. States exists as required by subsection
information and comment, then click 7,339,949 (‘‘the ’949 patent’’). The (a)(2) of section 337;
‘‘Submit.’’ complaint further alleges that an (2) Pursuant to section 210.10(b)(1) of
BOEM does not consider anonymous industry in the United States exists as the Commission’s Rules of Practice and
comments. Please include your name required by the applicable Federal Procedure, 19 CFR 210.10(b)(1), the
and address as part of your submittal. Statute. plain language description of the
BOEM makes all comments, including The complainant requests that the accused products or category of accused
the names and addresses of Commission institute an investigation products, which defines the scope of the
respondents, available for public review and, after the investigation, issue a investigation, is ‘‘personal electronic
online and during regular business limited exclusion order and cease and devices that are compliant with the LTE
hours. Individual respondents may desist orders. and/or 3G 3GPP specifications, and
request that BOEM withhold their ADDRESSES: The complaint, except for which enable LTE and/or 3G data
amozie on DSK3GDR082PROD with NOTICES1
names or addresses from the public any confidential information contained transfer and communications’’;
record; however, BOEM cannot therein, is available for inspection (3) Pursuant to Commission Rule
guarantee that it will be able to do so. during official business hours (8:45 a.m. 210.50(b)(1), 19 CFR 210.50(b)(1), the
If you wish your name or address to be to 5:15 p.m.) in the Office of the presiding administrative law judge shall
withheld, you must state your Secretary, U.S. International Trade take evidence or other information and
preference prominently at the beginning Commission, 500 E Street SW, Room hear arguments from the parties and
of your comment. All submissions from 112, Washington, DC 20436, telephone other interested persons with respect to
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the public interest in this investigation, complaint and in this notice may be Dettwiler and Associates, Inc.,
as appropriate, and provide the deemed to constitute a waiver of the Brampton, Ontario, CANADA; Thales
Commission with findings of fact and a right to appear and contest the Alenia Space, Courbevioe, FRANCE;
recommended determination on this allegations of the complaint and this The Aerospace Corporation, El Segundo,
issue, which shall be limited to the notice, and to authorize the CA; and XL Catlin, LLC, New York, NY.
statutory public interest factors set forth administrative law judge and the The general area of CONFERS’
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); Commission, without further notice to planned activity is to establish an
(4) For the purpose of the the respondent, to find the facts to be as independent, self-sustaining industry
investigation so instituted, the following alleged in the complaint and this notice forum to advocate and promote on-orbit
are hereby named as parties upon which and to enter an initial determination satellite maintenance, servicing, and
this notice of investigation shall be and a final determination containing rendezvous operations by collaborating
served: such findings, and may result in the to research, develop, and publish
(a) The complainant is: issuance of an exclusion order or a cease voluntary, consensus technical and
INVT SPE LLC, One Market Plaza, Spear and desist order or both directed against safety standards, and engaging with
Tower, 42nd Floor, San Francisco, CA the respondent. governments on policy and oversight of
94105. By order of the Commission. satellite servicing activities. To fulfill its
Issued: October 16, 2018. mission, CONFERS will recruit a broad
(b) The respondents are the following array of members from satellite
entities alleged to be in violation of Lisa Barton,
operators, service providers, insurers
section 337, and are the parties upon Secretary to the Commission.
and underwriters, and engage other
which the complaint is to be served: [FR Doc. 2018–22869 Filed 10–18–18; 8:45 am] stakeholders from industry, academia,
Apple Inc., 1 Infinite Loop, Cupertino, BILLING CODE 7020–02–P and governments. The process will be
CA 95014. fully collaborative and will include
HTC Corporation, 23 Xinghua Road, dedicated outreach activities to engage
Taoyuan City, Taoyuan County 330, DEPARTMENT OF JUSTICE the global commercial satellite
Taiwan. community. The members of the
HTC America, Inc., 308 Occidental Ave. Antitrust Division CONFERS believe that future standards
S, Suite 300, Seattle, WA 98104. should be based on a set of guiding
ZTE Corporation, ZTE Plaza, Keji Road Notice Pursuant to the National
principles that will help establish
South, Hi-Tech Industrial Park, Cooperative Research and Production
responsible norms of behavior.
Nanshan District, Guangdong Act of 1993—Consortium for Execution
Province, 518057, China. of Rendezvous and Servicing Suzanne Morris,
ZTE (USA) Inc., 2425 N Central Operations Chief, Premerger and Division Statistics Unit,
Expressway, Suite 800, Richardson, Antitrust Division.
Notice is hereby given that, on
TX 75080. September 10, 2018, pursuant to Section [FR Doc. 2018–22826 Filed 10–18–18; 8:45 am]
(c) The Office of Unfair Import 6(a) of the National Cooperative BILLING CODE 4410–11–P
Investigations, U.S. International Trade Research and Production Act of 1993,
Commission, 500 E Street SW, Suite 15 U.S.C. 4301 et seq. (‘‘the Act’’),
401, Washington, DC 20436; and Consortium for Execution of DEPARTMENT OF JUSTICE
(5) For the investigation so instituted, Rendezvous and Servicing Operations Drug Enforcement Administration
the Chief Administrative Law Judge, (‘‘CONFERS’’) has filed written
U.S. International Trade Commission, notifications simultaneously with the [Docket No. DEA–392]
shall designate the presiding Attorney General and the Federal Trade
Administrative Law Judge. Commission disclosing (1) the identities Bulk Manufacturer of Controlled
Responses to the complaint and the of the parties to the venture and (2) the Substances Registration
notice of investigation must be nature and objectives of the venture.
submitted by the named respondents in The notifications were filed for the ACTION: Notice of registration.
accordance with section 210.13 of the purpose of invoking the Act’s provisions
Commission’s Rules of Practice and limiting the recovery of antitrust SUMMARY: The registrant listed below
Procedure, 19 CFR 210.13. Pursuant to plaintiffs to actual damages under has applied for and been granted
19 CFR 201.16(e) and 210.13(a), such specified circumstances. registration by the Drug Enforcement
responses will be considered by the Pursuant to Section 6(b) of the Act, Administration (DEA) as a bulk
Commission if received not later than 20 the identities of the parties to the manufacturer of various classes of
days after the date of service by the venture are: Altius Space Machines, schedule I and II controlled substances.
Commission of the complaint and the Inc., Broomfield, CO; Analytical SUPPLEMENTARY INFORMATION: The
notice of investigation. Extensions of Graphics, Inc., Exton, PA; Astroscale company listed below applied to be
time for submitting responses to the PTE. LTD., Tokyo, JAPAN; Ball registered as a bulk manufacturer of
complaint and the notice of Aerospace and Technology Corp., various basic classes of controlled
investigation will not be granted unless Boulder, CO; Chandah Space substances. Information on a previously
good cause therefor is shown. Technologies, Houston, TX; Hoffer Flow published notice is listed in the table
Failure of a respondent to file a timely Controls, Inc. Elizabeth City, NC; iBOSS below. No comments or objections were
amozie on DSK3GDR082PROD with NOTICES1
response to each allegation in the gmbH, Aachen, GERMANY; MacDonald, submitted for this notice.
Company FR Docket Published
Siegfried USA, LLC ................................................................................................................................................. 83 FR 32905 .. July 16, 2018.
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Document Created: 2018-10-19 01:25:25
Document Modified: 2018-10-19 01:25:25
| 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 | 83 FR 53105 |
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