[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Notices]
[Pages 20500-20501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10109]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-675]


In the Matter of: Certain Wireless Communications Devices and 
Components Thereof; 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 March 25, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
SPH America, LLC of Vienna, Virginia. An amended complaint was filed on 
April 17, 2009. The complaint, as amended, alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain wireless communications devices and components 
thereof by reason of infringement of certain claims of U.S. Patent Nos. 
RE 40,385 and 5,960,029. The complaint further alleges

[[Page 20501]]

that an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

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 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.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2571.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2009).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 28, 2009, 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 
communications devices and components thereof that infringe one or more 
of claims 20-26, 31-33, 43, 48, 51, 53-55, 57-74, 76-80, 82-87, 89-225, 
and 227-287 of U.S. Patent No. RE 40,385 and claims 1-5 and 14-18 of 
U.S. Patent No. 5,960,029, 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 complainant is--SPH America, LLC, 8133 Leesburg, Pike, 
Suite 640, Vienna, VA 22182.
    (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:

Kyocera Corporation, 6 Takeda Tobadono-cho, Fushimi-ku, Kyoto 612-8501, 
Japan.
Kyocera Wireless Corporation, 0300 Campus Point Drive, San Diego, CA 
92121.
Kyocera Sanyo Telecom, Inc., 2125 Burbank Boulevard, Suite 100, 
Woodland Hills, CA 91367.
MetroPCS Communications, Inc., 2250 Lakeside Boulevard, Richardson, TX 
75082.
Metro PCS Wireless, Inc., 8144 Walnut Hill Lane, Suite 800, Dallas, TX 
75231.
Sprint Nextel Corporation, 6200 Sprint Parkway, Overland Park, KS 
66251.
Am[eacute]rica M[oacute]vil, S.A.B. de C.V., Lago Alberto 366, Colonia 
An[aacute]huac, Mexico D.F., C.P. 11320, Mexico.
TracFone Wireless, Inc., 9700 NW 112th Avenue, Miami, FL 33178.
Virgin Mobile USA, Inc., 10 Independent Boulevard, Warren, NJ 07059.

    (c) The Commission investigative attorney, party to this 
investigation, is Thomas S. Fusco, 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, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate 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 an exclusion order or 
a cease and desist order or both directed against a respondent.

    Issued: April 28, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-10109 Filed 5-1-09; 8:45 am]
BILLING CODE 7020-02-P