[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Notices]
[Pages 17434-17435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7687]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-710]


In the Matter of Certain Personal Data and Mobile Communications 
Devices and Related Software; 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 2, 2010, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Apple Inc., f/k/a Apple Computer, Inc. of Cupertino, California and 
NeXT Software, Inc. f/k/a NeXT Computer, Inc. of Cupertino, California. 
The complaint 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 personal 
data and mobile communications devices and related software by reason 
of infringement of certain claims of U.S. Patent Nos. 5,481,721; 
5,519,867; 5,566,337; 5,929,852; 5,946,647; 5,969,705; 6,275,983; 
6,343,263; 5,915,131; and RE39,486. The complaint further alleges that 
an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

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: Daniel L. Girdwood, Esq. or Erin D. E. 
Joffre, Esq., Office of Unfair Import Investigations, U.S. 
International Trade Commission, telephone (202) 205-3409 and (202) 205-
2550.
    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 March 30, 2010, 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 personal 
data or mobile communications devices or related software that infringe 
one or more of claims 1-3, 7, 12, and 32 of U.S. Patent No. 5,519,867; 
claims 1, 3, 7, 8, and 22 of U.S. Patent No. 6,275,983; claims 1, 3, 8-
10, 12, 18, 19, 23, and 24 of U.S. Patent No. 5,566,337; claims 1-3 and 
7-13 of U.S. Patent No. 5,929,852; claims 1, 3, 6, 8, 10, 13-16, 19, 
20, and 22 of U.S. Patent No. 5,946,647; claim 1 of U.S. Patent No. 
5,969,705; claims 1-6, 24, 25, 29, and 30 of U.S. Patent No. 6,343,263; 
claims 1, 3, 4, 6, 7, 9, 10, 15, and 17 of U.S. Patent No. 5,915,131; 
claims 1-3, 6, 8, 9, 12, and 14-17 of U.S. Patent No. RE39,486; and 
claims 1-6 and 19-22 of U.S. Patent No. 5,481,721, 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 complainants are:

Apple Inc., f/k/a Apple Computer, Inc., 1 Infinite Loop, Cupertino, CA 
95014.
NeXT Software, Inc. f/k/a NeXT Computer, Inc., 1 Infinite Loop, 
Cupertino, CA 95014.

    (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:

High Tech Computer Corp. a/k/a HTC Corp., 23 Xinghua Road, Taoyuan 330, 
Taiwan
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA 98005
Exedea, Inc., 5950 Corporate Drive, Houston, TX 77036

    (c) The Commission investigative attorneys, parties to this 
investigation, are Daniel L. Girdwood, Esq. and Erin D. E. Joffre, 
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, the Honorable 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)-(e) 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

[[Page 17435]]

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 the respondent.

    Issued: March 31, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-7687 Filed 4-5-10; 8:45 am]
BILLING CODE 7020-02-P