[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30321-30322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14942]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-667 and Investigation No. 337-TA-673]


In the Matter of Certain Electronic Devices, Including Handheld 
Wireless Communications Devices; Notice of Commission Determination Not 
To Review an Initial Determination Granting Motion To Amend the Notice 
of Investigation

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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 14C) in 
consolidated Inv. Nos. 337-TA-667 and 337-TA-673, Certain Electronic 
Devices Including Handheld Wireless Communications Devices, granting a 
motion to amend the notice of investigation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. 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 Inv. No. 337-TA-
667 (``the 667 Investigation'') on January 23, 2009, based on a 
complaint filed by Saxon Innovation, LLC of Tyler, Texas (``Saxon''). 
74 FR 4231. The complaint, as amended and supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 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 electronic devices, including handheld wireless communications 
devices, by reason of infringement of certain claims of U.S. Patent 
Nos. 5,235,635 (``the `635 patent''); 5,530,597 (``the `597 patent''); 
and 5,608,873 (``the `873 patent''). The complaint further alleges the 
existence of a domestic industry related to each patent. The 
Commission's notice of investigation named various respondents, 
including High Tech Computer Corp. of Taoyuan, Taiwan and HTC America, 
Inc. of Bellevue, Washington (collectively ``HTC''). On April 28, 2009, 
the Commission determined not to review an ID granting under Commission 
Rule 210.21(b) a joint motion filed by Saxon and HTC to terminate the 
investigation as to respondent HTC.
    The Commission instituted Inv. No. 337-TA-673 (``the 673 
Investigation'') on March 31, 2009, based on a complaint filed by 
Saxon. 74 FR 14578-9. The complaint, as amended and supplemented, 
alleges violations of

[[Page 30322]]

section 337 of the Tariff Act of 1930, as amended, 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 
electronic devices, including handheld wireless communications devices, 
by reason of infringement of certain claims of the `635 patent, the 
`597 patent, and the `873 patent. The complaint further alleges the 
existence of a domestic industry related to each patent. The 
Commission's notice of investigation named as respondents Samsung 
Electronics Co., Ltd. of Seoul, Korea; Samsung Electronics America, 
Inc. of Ridgefield Park, New Jersey; and Samsung Telecommunications 
America, LLP of Richardson, Texas (collectively ``Samsung'').
    On May 12, 2009, Samsung moved to amend the Notice of Investigation 
in the 673 investigation to remove the reference to claims 9 and 22 of 
the `873 patent, arguing that these two claims were not asserted in the 
complaint and were inadvertently referenced in the Notice of 
Investigation. No party contested Samsung's assertion. On May 28, 2009, 
the ALJ issued the subject ID, granting Samsung's motion pursuant to 
Commission Rule 210.14(b). No petitions for review were filed.
    The Commission has determined not to review the ID.
    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 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.

    Issued: June 19, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-14942 Filed 6-24-09; 8:45 am]
BILLING CODE 7020-02-P