83 FR 834 - Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (II); Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 5 (January 8, 2018)
Federal Register Volume 83, Issue 5 (January 8, 2018)
| Page Range | 834-835 | |
| FR Document | 2018-00105 |
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)] [Notices] [Pages 834-835] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00105] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1093] Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (II); 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 November 30, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Qualcomm Incorporated of San Diego, 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 mobile electronic devices and radio frequency and processing components thereof by reason of infringement of certain claims of U.S. Patent No. 9,154,356 (``the '356 patent''); U.S. Patent No. 9,473,336 (``the '336 patent''); U.S. Patent No. 8,063,674 (``the '674 patent''); U.S. Patent No. 7,693,002 (``the '002 patent''); and U.S. Patent No. 9,552,633 (``the '633 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 January 2, 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 [[Page 835]] importation of certain mobile electronic devices and radio frequency and processing components thereof by reason of infringement of one or more of claims 1, 7, 8, 10, 11, 17, and 18 of the '356 patent; claim 4 of the '336 patent; claims 1, 5-8, 12, 16-18, and 21-22 of the '674 patent; claims 1-4, 7-9, 11, 17, 20-23, 31-33 and 36 of the '002 patent; and claims 1-3, 10-12, 18, and 22-24 of the '633 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 his 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: January 3, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018-00105 Filed 1-5-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 835
importation of certain mobile electronic complaint and in this notice may be general exclusion order and cease and
devices and radio frequency and deemed to constitute a waiver of the desist orders.
processing components thereof by right to appear and contest the ADDRESSES: The amended complaint,
reason of infringement of one or more of allegations of the complaint and this except for any confidential information
claims 1, 7, 8, 10, 11, 17, and 18 of the notice, and to authorize the contained therein, is available for
’356 patent; claim 4 of the ’336 patent; administrative law judge and the inspection during official business
claims 1, 5–8, 12, 16–18, and 21–22 of Commission, without further notice to hours (8:45 a.m. to 5:15 p.m.) in the
the ’674 patent; claims 1–4, 7–9, 11, 17, the respondent, to find the facts to be as Office of the Secretary, U.S.
20–23, 31–33 and 36 of the ’002 patent; alleged in the complaint and this notice International Trade Commission, 500 E
and claims 1–3, 10–12, 18, and 22–24 of and to enter an initial determination Street SW, Room 112, Washington, DC
the ’633 patent; and whether an and a final determination containing 20436, telephone (202) 205–2000.
industry in the United States exists as such findings, and may result in the Hearing impaired individuals are
required by subsection (a)(2) of section issuance of an exclusion order or a cease advised that information on this matter
337; and desist order or both directed against can be obtained by contacting the
(2) Pursuant to Commission Rule the respondent. Commission’s TDD terminal on (202)
210.50(b)(1), 19 CFR 210.50(b)(1), the 205–1810. Persons with mobility
By order of the Commission.
presiding Administrative Law Judge impairments who will need special
shall take evidence or other information Issued: January 3, 2018.
Lisa R. Barton, assistance in gaining access to the
and hear arguments from the parties or Commission should contact the Office
other interested persons with respect to Secretary to the Commission.
of the Secretary at (202) 205–2000.
the public interest in his investigation, [FR Doc. 2018–00105 Filed 1–5–18; 8:45 am]
General information concerning the
as appropriate, and provide the BILLING CODE 7020–02–P
Commission may also be obtained by
Commission with findings of fact and a accessing its internet server at https://
recommended determination on this www.usitc.gov. The public record for
issue, which shall be limited to the INTERNATIONAL TRADE
this investigation may be viewed on the
statutory public interest factors set forth COMMISSION
Commission’s electronic docket (EDIS)
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(3) For the purpose of the
[Investigation No. 337–TA–1092] at https://edis.usitc.gov.
investigation so instituted, the following FOR FURTHER INFORMATION CONTACT:
Certain Self-Anchoring Beverage Pathenia M. Proctor, The Office of
are hereby named as parties upon which Containers; Institution of Investigation
this notice of investigation shall be Unfair Import Investigations, U.S.
served: AGENCY: U.S. International Trade International Trade Commission,
(a) The complainant is: Commission. telephone (202) 205–2560.
Qualcomm Incorporated, 5775 ACTION: Notice. SUPPLEMENTARY INFORMATION:
Morehouse Drive, San Diego, CA Authority: The authority for
92121. SUMMARY: Notice is hereby given that a institution of this investigation is
(b) The respondent is the following complaint was filed with the U.S. contained in section 337 of the Tariff
entity alleged to be in violation of International Trade Commission on Act of 1930, as amended, 19 U.S.C. 1337
section 337, and is the party upon October 31, 2017, under section 337 of and in section 210.10 of the
which the complaint is to be served: the Tariff Act of 1930, as amended, on Commission’s Rules of Practice and
Apple Inc., 1 Infinite Loop, Cupertino, behalf of Mighty Mug, Inc. of Rahway, Procedure, 19 CFR 210.10 (2017).
CA 95014. New Jersey. An amended complaint was Scope of Investigation: Having
(c) The Office of Unfair Import filed on December 1, 2017, on behalf of considered the amended complaint, the
Investigations, U.S. International Trade Alfay Designs, Inc., of Rahway, New U.S. International Trade Commission,
Commission, 500 E Street SW, Suite Jersey, Mighty Mug, Inc., of Rahway, on January 2, 2018, ordered that—
401, Washington, DC 20436; and New Jersey, and Harry Zimmerman of (1) Pursuant to subsection (b) of
(4) For the investigation so instituted, Los Angeles, California. Supplements to section 337 of the Tariff Act of 1930, as
the Chief Administrative Law Judge, the amended complaint were filed on amended, an investigation be instituted
U.S. International Trade Commission, December 4, 8, 19, and 22, 2017. The to determine:
shall designate the presiding amended complaint alleges violations of (a) Whether there is a violation of
Administrative Law Judge. section 337 based upon the importation subsection (a)(1)(B) of section 337 in the
Responses to the complaint and the into the United States, the sale for importation into the United States, the
notice of investigation must be importation, and the sale within the sale for importation, or the sale within
submitted by the named respondent in United States after importation of self- the United States after importation of
accordance with section 210.13 of the anchoring beverage containers by reason certain self-anchoring beverage
Commission’s Rules of Practice and of infringement of (1) certain claims of containers by reason of infringement of
Procedure, 19 CFR 210.13. Pursuant to U.S. Patent No. 8,028,850 (‘‘the ’850 one or more of claim 1 of the ’850 patent
19 CFR 201.16(e) and 210.13(a), such patent’’) and U.S. Patent No. 8,757,418 and claim 1 of the ’418 patent; and
responses will be considered by the (‘‘the ’418 patent’’); and (2) U.S. whether an industry in the United
Commission if received not later than 20 Trademark Registration No. 4,191,803 States exists or is in the process of being
days after the date of service by the (‘‘the ’803 trademark’’). The amended established as required by subsection
sradovich on DSK3GMQ082PROD with NOTICES
Commission of the complaint and the complaint further alleges that an (a)(2) of section 337;
notice of investigation. Extensions of industry in the United States exists or (b) whether there is a violation of
time for submitting responses to the is in the process of being established as subsection (a)(1)(C) of section 337 in the
complaint and the notice of required by the applicable Federal importation into the United States, the
investigation will not be granted unless Statute. sale for importation, or the sale within
good cause therefor is shown. The complainants request that the the United States after importation of
Failure of the respondent to file a Commission institute an investigation certain self-anchoring beverage
timely response to each allegation in the and, after the investigation, issue a containers by reason of infringement of
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Document Created: 2018-01-06 02:32:13
Document Modified: 2018-01-06 02:32:13
| 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 834 |
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