[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Pages 52579-52580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14742]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-583]


In the Matter of Certain Wireless Communication Devices, 
Components Thereof, and Products Containing the Same; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 31, 2006, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of 
Stockholm, Sweden. The complaint alleges violations of section 337 in 
the importation into the United States and sale of certain wireless 
communication devices, components thereof, and products containing the 
same by reason of infringement of U.S. Patent No. 5,758,295, U.S. 
Patent No. 5,783,926, U.S. Patent No. 5,864,765, U.S. Patent No. 
6,009,319, U.S. Patent No. 6,029,052, U.S. Patent No. 6,198,405, U.S. 
Patent No. 6,387,027, U.S. Patent No. 6,839,549, and U.S. Patent No. 
6,975,686. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent 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

[[Page 52580]]

Commission may also be obtained by accessing its internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://www.edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Bryan F. Moore, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2767.

    Authority: The authority for institution of this investigation 
is contained in Sec.  337 of the Tariff Act of 1930, as amended, and 
in Sec.  210.10 of the Commission's Rules of Practice and Procedure, 
19 CFR 210.10 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 30, 2006, 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 wireless 
communication devices, components thereof, or products containing the 
same by reason of infringement of one or more of claims 1-4, 6-8, 10, 
and 11 of U.S. Patent No. 5,758,295; claims 1-3 of U.S. Patent No. 
5,783,926; claims 1, 2, 7, and 8 of U.S. Patent No. 5,864,765; claims 
1, 3, 6, 7, 18, and 19 of U.S. Patent No. 6,009,319; claims 1-3, 5, 8, 
11, 13, 14, and 18 of U.S. Patent No. 6,029,052; claims 1, 5, 11, and 
14 of U.S. Patent No. 6,198,405; claims 10 and 12 of U.S. Patent No. 
6,387,027; claims 1, 14, and 20 of U.S. Patent No. 6,839,549; and claim 
8 of U.S. Patent No. 6,975,686; 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 complainants are--
Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024.
Telefonaktiebolaget LM Ericsson, Torshamsgatan 23, Kista, 164 83 
Stockholm Sweden.

    (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:
Samsung Telecommunications America LLP, 1301 East Lookout Drive, 
Richardson, TX 75082.
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield 
Park, NJ 07660. Samsung Electronics Co., Ltd., Samsung Main Building, 
250, Taepyung-ro 2-ka, Chung-ku, Seoul. 1 00-742 Korea.

    (c) The Commission investigative attorney, party to this 
investigation, is Bryan F. Moore, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as 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(d) 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 a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    By order of the Commission.

    Issued: August 31, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-14742 Filed 9-5-06; 8:45 am]
BILLING CODE 7020-02-P