[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12133-12134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4849]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-602]


In the Matter of Certain GPS Devices and Products Containing 
Same; Enforcement Proceeding; Modification Proceeding; Notice of 
Commission Determination Not To Review an Initial Determination (Order 
No. 6) Terminating the Enforcement Proceeding and an Initial 
Determination (Order No. 13) Terminating the Modification Proceeding 
Based on a Settlement Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

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 determinations (``ID'') (Order No. 6) 
terminating the enforcement proceeding and (Order No. 13) terminating 
the modification proceeding based on a settlement agreement.

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 non-
confidential

[[Page 12134]]

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 underlying investigation was instituted 
on May 7, 2007, based on a complaint filed by Global Locate, Inc., a 
subsidiary of Broadcom Corporation (collectively, ``Broadcom''). 72 FR 
25777 (2007). The complaint alleged violations 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 GPS devices 
and products containing the same by reason of infringement of various 
claims of U.S. Patents. The complaint in the underlying investigation 
named various respondents. On January 15, 2009, the Commission found a 
violation of section 337 by the respondents by reason of infringement 
of all asserted patents. The Commission issued a limited exclusion 
order and cease-and-desist orders against the respondents. Respondents 
subsequently appealed the Commission's final determination to the 
United States Court of Appeals for Federal Circuit (``Federal 
Circuit''). In a precedential opinion issued April 12, 2010, the 
Federal Circuit affirmed the Commission's Final Determination in all 
respects.
    On August 16, 2010, the Commission instituted modification 
proceedings based on a petition seeking modification of the 
Commission's remedial orders filed by the respondents. On December 7, 
2010, the Commission also instituted enforcement proceedings based on 
an enforcement complaint filed by Broadcom.
    On January 14, 2011, Broadcom and the respondents filed joint 
motions to terminate these proceedings based on a settlement agreement. 
On January 27, 2011, the Commission investigative attorney supported 
the joint motions for termination.
    On January 28, the ALJ granted the joint motions to terminate these 
proceedings and issued the subject IDs. No petitions for review of the 
IDs were filed. The Commission has determined not to review the subject 
IDs.
    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).

    Issued: February 28, 2011.

    By order of the Commission.
William R. Bishop,
Hearings and Meetings Coordiator.
[FR Doc. 2011-4849 Filed 3-3-11; 8:45 am]
BILLING CODE 7020-02-P