[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4232-4233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1428]



[[Page 4232]]

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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 Final Determination of Violation of Section 
337; Termination of Investigation; Issuance of Limited Exclusion Order 
and Cease and Desist Orders

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 that there is a violation of 19 U.S.C. 1337 
by SiRF Technology, Inc. of San Jose, California (``SiRF''); Pharos 
Science & Applications, Inc. of Torrance, California (``Pharos''); 
MiTAC International Corp. of Taiwan (``MiTAC''); Mio Technology Ltd., 
USA of Freemont, California (``Mio''); and E-TEN Information Systems 
Co., Ltd. of Taiwan (``E-TEN'') (collectively, ``Respondents'') in the 
above-captioned investigation. The investigation is terminated.

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. of 
San Jose, California (``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 SiRF, Pharos, 
MiTAC, Mio, and E-TEN as respondents. The notice of investigation was 
subsequently amended to add Broadcom Corporation (``Broadcom'') of 
Irvine, California as a complainant when Broadcom acquired Global 
Locate (collectively, ``Complainants'').
    On August 8, 2008, the ALJ issued his final ID finding 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 October 9, 2008, the Commission determined to review the ALJ's 
final ID in part and requested briefing on the issues under review, 
remedy, the public interest, and bonding. The Commission determined to 
review: (1) The ID's finding that Global Locate has standing to assert 
the '346 patent; (2) the ID's finding that SiRF directly infringes 
claim 1 of the '651 patent through its commercial activities; and (3) 
the ID's finding that SiRF directly infringes claim 1 of the '000 
patent through its commercial activities. On October 27, 2008, the 
parties filed written submissions on the issues under review, and on 
November 3, 2008, the parties filed response submissions.
    On October 21, 2008, the Commission extended the deadline for 
receiving written submissions on remedy, the public interest, and 
bonding until November 13, 2008, in light of the Federal Circuit's 
recent decision in Kyocera Wireless Corp. v. ITC, 545 F.3d 1340 (Fed. 
Cir. 2008). On November 13, 2008, the parties to the investigation 
along with non-party Garmin International, Inc. each filed written 
submissions on remedy, the public interest, and bonding. On November 
14, 2008, Nokia Corporation and Nokia Inc. (collectively ``Nokia''), 
also non-parties, filed a motion for leave to file written submissions 
on remedy, the public interest, and bonding one day late with the 
submission attached. No party opposed this motion. The Commission has 
determined to grant Nokia's motion. On November 24, 2008, the parties 
filed reply submissions on remedy, the public interest, and bonding.
    On November 18, 2008, Respondents filed a petition for 
reconsideration of the Commission's determination not to review the 
ALJ's finding that claim 1 of the '187 patent and claims 1, 2, and 11 
of the '801 patent recite patent-eligible subject matter under 35 
U.S.C. 101 in light of the Federal Circuit's en banc decision in In re 
Bilski, 545 F.3d 943 (Fed. Cir. 2008). On November 25, 2008, 
Complainants and the IA each filed responses in opposition to 
Respondents' petition for reconsideration. Having reviewed the petition 
for reconsideration and the responses, the Commission has determined to 
deny the petition for reconsideration.
    Having examined the record of this investigation, including the 
ALJ's final ID, the Commission has determined to modify the following 
findings in the ID: (i) Global Locate has standing to assert the '346 
patent, (ii) SiRF directly infringes the '000 patent through its 
commercial activities, and (iii) SiRF directly infringes the '651 
patent through its commercial activities. These modifications merely 
clarify the ALJ's findings.
    The Commission has determined that the appropriate form of relief 
is (i) a limited exclusion order prohibiting the unlicensed entry of 
GPS chips and products incorporating these chips that infringe one or 
more of claims 4 and 11 of the '346 patent, claims 1, 2, and 22 of the 
'080 patent, claims 1, 2, and 11 of the '801 patent, claims 1 and 9 of 
the '187 patent, claims 1 and 2 of the '651 patent, and claims 1, 2, 
and 5 of the '000 patent and are manufactured abroad by or on behalf 
of, or imported by or on behalf of, SiRF, E-TEN, Pharos, MiTAC and Mio; 
and (ii) cease and desist orders against domestic respondents SiRF, 
Mio, and Pharos.
    The Commission further determined that the public interest factors 
enumerated in section 337(d) and (f)(19 U.S.C. 1337(d), (f)) do not 
preclude issuance of the limited exclusion order and the cease and 
desist orders. Finally, the Commission determined the amount of bond to 
permit temporary importation during the Presidential review period (19 
U.S.C.1337(j)) shall be in the amount of one hundred (100) percent of 
the entered value of the articles that are subject to the order. The 
Commission's order was delivered to the President and the United States 
Trade Representative on the day of its issuance.
    The authority for the Commission's determination is contained in 
section

[[Page 4233]]

337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in 
sections 210.42-50 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42-50).

    By order of the Commission.

    Issued: January 15, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E9-1428 Filed 1-22-09; 8:45 am]
BILLING CODE 7020-02-P