[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Pages 44282-44283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18518]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-703]


In the Matter of Certain Mobile Telephones and Wireless 
Communication Devices Featuring Digital Cameras, and Components 
Thereof; Notice of Commission Determination To Review Initial 
Determination

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 to review the June 22, 2010, initial 
determination on claim construction (``ID'') issued by the presiding 
administrative law judge (``ALJ'') in the above-captioned investigation 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337'').

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 
(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: This investigation was instituted on 
February 23, 2010, based upon a complaint filed on behalf of Eastman 
Kodak Company of Rochester, New York on January 14, 2010, and 
supplemented on February 4, 2010. 75 FR 8112. 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 mobile 
telephones and wireless communication devices featuring digital 
cameras, and components thereof, that infringe certain claims of U.S. 
Patent No. 6,292,218. The complaint named as respondents Apple, Inc., 
of Cupertino, Calif.; Research in Motion, Ltd., of Ontario, Canada; and 
Research in Motion Corp., of Irving, Texas.
    On June 22, 2010, the ALJ issued the subject ID. All parties have 
petitioned for review of various portions of the ID.
    The Commission has determined to review the subject ID in its 
entirety, and to solicit briefing with respect to the issues on review. 
The Commission is particularly interested in briefing on the question 
of the legal authority for addressing the issue of claim construction 
as a matter for summary determination and treating the claim 
construction ruling as an initial determination under the Commission's 
rules of practice and procedure as currently written. In this 
connection, the parties are requested to respond to the following 
hypothetical analysis:
    As used in rule 210.18(a), the term ``issues to be determined in 
the investigation'' can be viewed as limited to claims and affirmative 
defenses; a ``part'' of such an issue includes an element (or subpart 
thereof) of a claim or affirmative defense. Thus, the following could 
be a non-exhaustive list of examples of issues or parts thereof that 
are covered by rule 210.18(a): violation, importation, infringement, 
domestic industry (technical or economic prong), invalidity on any 
basis (such as anticipation or obviousness), unenforceability. Claim 
construction may be a necessary underpinning to the resolution of 
certain issues or elements, and may be part of a summary determination 
that addresses an issue or element. On its own, however, claim 
construction might not be viewed as constituting such an issue or 
element.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review. The submissions 
should be concise and thoroughly referenced to the record in this 
investigation, including references to exhibits and testimony. The 
written submissions must be filed no later than the close of business 
on August 5, 2010. Reply submissions must be filed no later than the 
close of business on August 16, 2010. No further submissions will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original and 12 true copies thereof on or before the 
deadlines stated above. Any person desiring to submit a document (or 
portion thereof) to the Commission in confidence must request 
confidential treatment unless the

[[Page 44283]]

information has already been granted such treatment during the 
proceedings. All such requests should be directed to the Secretary of 
the Commission and must include a full statement of the reasons why the 
Commission should grant such treatment. See 19 CFR 201.6. Documents for 
which confidential treatment is granted by the Commission will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and under sections 
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.46).

    By order of the Commission.

    Issued: July 22, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-18518 Filed 7-27-10; 8:45 am]
BILLING CODE 7020-02-P