[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Notices]
[Page 63511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25404]



[[Page 63511]]

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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 Extend the Deadline for 
Receiving Written Submissions on Remedy, the Public Interest and 
Bonding; Extension of Target Date

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 extend the deadline for receiving written 
submissions on remedy, the public interest, and bonding until two weeks 
from the date of issuance of the public version of the presiding 
administrative law judge's (ALJ) recommended determination on remedy 
and bonding (``RD'') and to extend the target date in the above-
captioned investigation by thirty (30) days.

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 United States patents. The complaint 
named five respondents: SiRF Technology, Inc.; Pharos Science & 
Applications, Inc.; MiTAC International Corp.; Mio Technology Ltd., 
USA; and E-TEN Information Systems Co., Ltd. The notice of 
investigation was subsequently amended to add Broadcom Corporation as a 
complainant inasmuch as Broadcom acquired Global Locate.
    On August 8, 2008, the ALJ issued his final initial determination 
(``ID''), and on August 22, 2008, he issued his RD. 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. On 
October 9, 2008, after considering petitions for review, the Commission 
determined to review the ALJ's ID in part. 73 FR 61169 (October 15, 
2008). The Commission requested written submissions on certain issues 
relating to violation as well as remedy, the public interest, and 
bonding. The Commission set a deadline of October 27, 2008 for written 
submissions, and November 3, 2008 for reply submissions.
    In light of the Federal Circuit's recent decision in Kyocera 
Wireless Corp. v. ITC, 2008 U.S. App. LEXIS 21505 (Fed. Cir. Oct. 14, 
2008) and the fact that the ALJ has not yet issued a public version of 
his RD, the Commission has determined to extend the deadline for 
receiving initial written submissions on remedy, the public interest, 
and bonding until two weeks from the date of issuance of the public 
version of the ALJ's RD. Complainants and the IA are also requested to 
submit proposed remedial orders for the Commission's consideration by 
the extended deadline. The Commission has also determined to extend the 
deadline for reply submissions on remedy, the public interest, and 
bonding until ten (10) days after the filing date of the initial 
written submissions. The parties' deadline for written submissions on 
issues relating to violation of section 337 has not been extended 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 Commission has also determined to extend the target date 
(December 8, 2008) of the above-referenced investigation by thirty (30) 
days.
    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 210.51(a) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.51(a)).

    By order of the Commission.

    Issued: October 21, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-25404 Filed 10-23-08; 8:45 am]
BILLING CODE 7020-02-P