[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61169-61170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24553]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-602]


In the Matter of Certain GPS Devices and Products Containing 
Same; Notice of Commission Determination To Review in Part a Final 
Determination on Violation of Section 337; Schedule for Filing Written 
Submissions on the Issues Under Review and on Remedy, the Public 
Interest and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on August 8, 2008, regarding whether there is a violation of 
section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the above-
captioned investigation.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of non-
confidential 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 at 
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 this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 7, 2007, based on a complaint filed by Global Locate, Inc. 
(``Global Locate''). 72 FR 25777 (May 7, 2007). The complaint alleged 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain GPS 
(Global Positioning System) devices and products containing the same by 
reason of infringement of various claims of United States Patent Nos. 
6,417,801 (``the `801 patent''); 6,606,346 (``the `346 patent''); 
6,651,000 (``the `000 patent''); 6,704,651 (``the `651 patent''); 
6,937,187 (``the `187 patent''); and 7,158,080 (``the `080 patent''). 
The complaint named five respondents: SiRF Technology, Inc. (``SiRF''); 
Pharos Science & Applications, Inc. (``Pharos''); MiTAC International 
Corp. (``MiTAC''); Mio Technology Ltd., USA (``Mio''); and E-TEN 
Information Systems Co., Ltd. (``E-TEN'') (collectively, 
``respondents''). The notice of investigation was subsequently amended 
to add Broadcom Corporation (``Broadcom'') as a complainant inasmuch as 
Broadcom acquired Global Locate.
    On August 8, 2008, the ALJ issued his final ID, and on August 22, 
2008, he issued his recommended determination on remedy and bonding. In 
his ID, the ALJ found a violation of section 337 in the importation and 
the sale after importation of certain GPS devices and products 
containing the same, in connection with the asserted claims of each of 
the six patents at issue. Respondents and the Commission investigative 
attorney (IA) each filed petitions for review on August 25, 2008. On 
September 5, 2008, Complainants and the IA each filed responses to the 
petitions for review.
    On September 16, 2008, Respondents filed a motion for leave to 
reply in support of their petition for review of the ID. On September 
22, 2008, Complainants opposed the motion.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the final ID in part. 
Specifically, the Commission has determined to review (1) ALJ's finding 
that Global Locate has standing to assert the '346 patent; (2) the 
ALJ's finding that SiRF directly infringes claim 1 of the `651 patent 
through its commercial activities; and (3) the ALJ's finding that SiRF 
directly infringes claim 1 of the `000 patent through its commercial 
activities. The Commission has determined not to review the remaining 
issues raised by the petitions for review, and has denied Respondents' 
motion for leave to file a reply.
    The parties are requested to brief their positions on the issues 
under review with reference to the applicable law and the evidentiary 
record. In connection with its review, the Commission is particularly 
interested in responses to the following questions:
    1. Please address the issue of whether Global Locate has standing 
to assert the `346 patent in light of provision 2.1 in RX-286. Please 
cite record evidence and/or relevant legal precedent to support your 
position.
    2. Does SiRF practice the element ``processing satellite signals * 
* *'' of the method of claim 1 of the `651 patent vicariously through 
end users of the accused products? See BMC Resources, Inc. v. 
Paymentech, L.P., 498 F.3d 1373 (Fed. Cir. 2007) and Muniauction, Inc. 
v. Thomson Corp., 532 F.3d 1318 (Fed. Cir. 2008). Please cite record 
evidence and relevant legal authority to support your position.
    3. Does SiRF practice the third element (``at the remote receiver, 
representing said formatted data in a second format supported by the 
remote receiver'') of the method of claim 1 of the `000 patent 
vicariously through end users of the accused products? See BMC 
Resources, Inc. v. Paymentech, L.P., 498 F.3d 1373 (Fed. Cir. 2007) and 
Muniauction, Inc. v. Thomson Corp., 532 F.3d 1318 (Fed. Cir. 2008). 
Please cite record evidence and any relevant legal authority to support 
your position.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. Accordingly, 
the Commission is interested in receiving written submissions that 
address the form of remedy, if any, that should be ordered. If a party 
seeks exclusion of an article from entry into the United States for 
purposes other than entry for consumption, the party should so indicate 
and provide information establishing that activities involving other 
types of entry either are adversely affecting it or likely to do so. 
For background, see In the Matter of Certain

[[Page 61170]]

Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360, USITC Pub. No. 2843 (December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) The 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding. Complainants and the IA are also requested to 
submit proposed remedial orders for the Commission's consideration. 
Complainants are also requested to state the dates that the patents 
expire and the HTSUS numbers under which the accused products are 
imported. The written submissions and proposed remedial orders must be 
filed no later than close of business on Monday, October 27, 2008. 
Reply submissions must be filed no later than the close of business on 
Monday, November 3, 2008. No further submissions on these issues will 
be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 210.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    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 sections 210.42-46 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    Issued: October 9, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-24553 Filed 10-14-08; 8:45 am]
BILLING CODE 7020-02-P