[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73879-73880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25173]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-543]


In the Matter of Certain Baseband Processor Chips and Chipsets, 
Transmitter and Receiver (Radio) Chips, Power Control Chips, and 
Products Containing Same, Including Cellular Telephone Handsets; Notice 
of Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade

[[Page 73880]]

Commission has instituted a formal enforcement proceeding relating to a 
cease and desist order issued at the conclusion of the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3061. Copies of all 
nonconfidential documents filed in connection with this investigation 
are or will be 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., Washington, DC 
20436, telephone 202-205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov/. Hearing-impaired persons are advised that information 
on the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: On June 21, 2005, the Commission instituted 
an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 
1337, based on a complaint filed by Broadcom Corporation (``Broadcom'') 
of Irvine, California, alleging a violation of section 337 in the 
importation, sale for importation, and sale within the United States 
after importation of certain baseband processor chips and chipsets, 
transmitter and receiver (radio) chips, power control chips, and 
products containing same, including cellular telephone handsets by 
reason of infringement of certain claims of U.S. Patent Nos. 6,374,311; 
6,714,983 (``the '983 patent''); 5,682,379 (``the '379 patent''); 
6,359,872 (``the '872 patent''); and 6,583,675. 70 Fed. Reg. 35707 
(June 21, 2005). The complainant named Qualcomm Incorporated 
(``Qualcomm'') of San Diego, California as the only respondent. The 
'379 patent and '872 patent were terminated from this investigation.
    On October 19, 2006, the presiding administrative law judge 
(``ALJ'') issued an Initial Determination on Violation of Section 337 
and Recommended Determination on Remedy and Bond (``ID''), finding a 
violation of section 337 as to the '983 patent only. On December 8, 
2006, the Commission issued a notice of its decision to review and 
modify in part the ALJ's final ID. The modification made by the 
Commission did not affect the finding of violation.
    On March 21-22, 2007, the Commission held a public hearing on the 
issues of remedy and the public interest. Subsequently, the Commission 
extended the target date for completion of this investigation to June 
7, 2007.
    On June 7, 2007, the Commission issued a limited exclusion order, 
with certain exemptions, prohibiting the importation of Qualcomm's 
baseband processor chips or chipsets, including chips or chipsets 
incorporated into circuit board modules and carriers, that are 
programmed to enable the power saving features covered by claims 1, 4, 
8, 9, or 11 of the '983 patent, as well as handheld wireless 
communication devices, including cellular telephone handsets and PDAs, 
containing Qualcomm baseband processor chips or chipsets that are 
programmed to enable the power saving features covered by these claims. 
The Commission also issued a cease and desist order that prohibits 
Qualcomm from engaging in certain activities in the United States 
related to the infringing chips.
    On November 9, 2007, complainant Broadcom filed a complaint for 
enforcement proceedings under Commission Rule 210.75. Broadcom asserts 
that respondent Qualcomm has violated the Commission's cease and desist 
order by continued marketing of infringing, imported baseband processor 
chips and chipsets, and continued testing and programming of imported 
baseband processor chips and chipsets to transform them into infringing 
products. On December 5 and 7, 2007, respectively, Qualcomm filed a 
letter opposing institution of Broadcom's complaint, and Broadcom filed 
a letter in response to Qualcomm's opposition.
    Having examined the complaint seeking a formal enforcement 
proceeding, and having found that the complaint complies with the 
requirements for institution of a formal enforcement proceeding 
contained in Commission rule 210.75, the Commission has determined to 
institute formal enforcement proceedings to determine whether Qualcomm 
is in violation of the Commission's cease and desist order issued in 
the investigation, and what, if any, enforcement measures are 
appropriate. The following entities are named as parties to the formal 
enforcement proceeding: (1) Complainant Broadcom, (2) respondent 
Qualcomm, and (3) a Commission investigative attorney to be designated 
by the Director, Office of Unfair Import Investigations.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    Issued: December 20, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-25173 Filed 12-27-07; 8:45 am]
BILLING CODE 7020-02-P