[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10502-10503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4791]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-667; 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 Terminating the Investigations in 
Their Entirety

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. 55C) in 
consolidated Inv. Nos. 337-TA-667 and 337-TA-673, Certain Electronic 
Devices Including Handheld Wireless Communications Devices, granting a 
motion to terminate the consolidated investigations in their entirety 
on the basis of settlement agreements.

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 Nokia Corporation of Espoo, Finland and Nokia Inc. of Irving, 
Texas (collectively ``Nokia''); High Tech Computer Corp. of Taoyuan, 
Taiwan and HTC America, Inc. of Bellevue, Washington (collectively 
``HTC''); Research In Motion Ltd. of Waterloo, Ontario and Research In 
Motion Corp. of Irving, Texas (collectively ``RIM''); and Palm, Inc. of 
Sunnyvale, California (``Palm'').
    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 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 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 April 23, 2009, the ALJ issued Order No. 28 in the 667 
investigation and Order No. 8 in the 673 investigation, consolidating 
the investigations. On May 13, 2009, the Commission determined not to 
review this consolidation.
    On April 28, 2009, the Commission determined not to review an ID 
granting a joint motion filed by Saxon and HTC to terminate the 667 
investigation as to respondent HTC. On July 13, 2009, the Commission 
determined not to review an ID granting a joint motion filed by Saxon 
and Nokia to terminate the consolidated investigations as to respondent 
Nokia. On October 22, 2009, the Commission determined not to review an 
ID granting a joint motion filed by Saxon and RIM to terminate the 
investigations as to respondent RIM. All

[[Page 10503]]

terminations were granted pursuant to Commission Rule 210.21(b) (19 CFR 
210.21(b)).
    On January 29, 2010 Saxon and respondents Samsung and Palm jointly 
moved to terminate the consolidated investigations in their entirety 
based upon settlement agreements between the remaining parties in the 
investigation. On February 4, 2010, the Commission investigative 
attorney filed a response in support of the motion. On February 12, 
2010, the ALJ issued the subject ID, granting the joint motion to 
terminate the investigations in their entirety pursuant to Commission 
Rule 210.21(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: March 2, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-4791 Filed 3-5-10; 8:45 am]
BILLING CODE 7020-02-P