[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51481-51482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20674]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-602]


In the Matter of Certain GPS Devices and Products Containing 
Same; Modification Proceeding

Notice of Institution of Modification Proceedings

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 instituted a modification proceeding relating to the 
limited exclusion order and cease and desist orders issued at the 
conclusion of the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of all 
nonconfidential 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 the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 7, 2007, based on a complaint filed by Global Locate, Inc. of 
San Jose, California (``Global Locate''). 72 FR 25777 (May 7, 2007). 
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 GPS (Global Positioning System) devices and 
products containing the same by reason of infringement of asserted 
claims of various United States patents. The complaint named SiRF 
Technology, Inc. (``SiRF''), E-TEN Corp. (``E-TEN''), Pharos Science & 
Applications, Inc. (``Pharos''), MiTAC International Corporation 
(``MiTAC''), and Mio Technology Limited (``Mio'') as respondents. The 
notice of investigation was subsequently amended to add Broadcom 
Corporation (``Broadcom'') of Irvine, California as a complainant when 
Broadcom acquired Global Locate.
    On January 15, 2009, the Commission found a violation of section 
337 by SiRF, E-TEN, Pharos, MiTAC, and Mio (collectively, 
``Respondents'') in the importation into the United States, the sale 
for importation, or the sale within the United States after importation 
of certain GPS devices and products containing the same. The Commission 
issued a limited exclusion order directed to the products of 
Respondents that were found to infringe the asserted patents. The 
Commission also issued cease-and-desist orders against SiRF, Pharos, 
and Mio.
    On April 12, 2010, the United States Court of Appeals for the 
Federal Circuit affirmed the Commission's determination in all respects 
in SiRF Tech., Inc. v. U.S. Int'l Trade Comm'n, 601 F.3d 1319 (Fed. 
Cir. 2010).
    On April 22, 2010, Respondents filed a petition seeking 
modification of the Commission's limited exclusion and cease-and-desist 
orders pursuant to Commission rule 210.76 (19 CFR 210.76). On May 10, 
2010, Complainants and the Commission investigative attorney (``IA'') 
responded to Respondents' petition. On May 17, 2010, Respondents filed 
a motion for leave to reply to the IA's response with a reply attached. 
On May 24, 2010, Respondents filed a motion for leave to reply to the 
Complainants' response with a reply attached. On June 3, 2010, 
Complainants opposed Respondents' May 24, 2010, motion for leave. The

[[Page 51482]]

Commission has determined to grant Respondents' motions for leave.
    On May 10, 2010, Complainants filed their own petition seeking 
modification of the Commission's remedial orders. On May 27, 2010, the 
IA and Respondents filed responses to Complainants' petition for 
modification of the Commission's remedial orders.
    Having examined the petitions seeking modification of the limited 
exclusion order and the cease-and-desist orders, and the responses 
thereto, the Commission determined that Respondents' petition complies 
with 19 U.S.C. 1337(k)(2) and 19 CFR 210.76(a), but that Complainants' 
petition does not. Accordingly, the Commission has determined to 
institute a modification proceeding to consider Respondents' petition, 
and has delegated the proceeding to the Chief Administrative Law Judge 
for assignment to a presiding administrative law judge.
    While Broadcom's allegations of changed circumstances do not 
warrant the institution of a modification proceeding under Commission 
rule 210.76, the party might find a formal enforcement proceeding under 
rule 210.75(b) a more suitable avenue to address its concerns. In fact, 
the Commission indicated as much in 2009 when it declined Broadcom's 
request to initiate an informal enforcement proceeding under 210.75(a), 
in light of ``the factual nature of the allegations'' in the request. 
Separate from the particular dispute at issue in this investigation, 
the Commission is preparing to commence the third in a series of five-
year surveys on the effectiveness of section 337 exclusion orders. As 
indicated when the Commission gave notice of its survey preparations, 
it will seek feedback on the experience of complainants ``in policing 
the exclusion order, particularly with respect to any investigatory 
efforts and any interactions with U.S. Customs and Border Protection.'' 
75 FR 8398 (Feb. 24, 2010). After evaluating the survey responses, the 
Commission may consider whether there are any appropriate actions for 
the Commission to undertake to enhance the effectiveness of the orders.
    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 210.76 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.76).

    By order of the Commission.
    Issued: August 16, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-20674 Filed 8-19-10; 8:45 am]
BILLING CODE 7020-02-P