[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Page 39898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16967]





[[Page 39898]]



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INTERNATIONAL TRADE COMMISSION



[Investigation No. 337-TA-714




In the Matter of Certain Electronic Devices With Multi-Touch 

Enabled Touchpads and Touchscreens; Notice of Commission Determination 

To Review-in-Part a Final Initial Determination; Termination of 

Investigation With a Finding of No Violation of Section 337



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 in-part the final initial 

determination (``ID'') issued by the presiding administrative law judge 

(``ALJ'') on April 29, 2011, finding no violation of section 337 in the 

above-captioned investigation. In particular, the Commission has 

determined to review and take no position on the ALJ's finding that the 

``scanning'' step of independent claim 1 requires a specific temporal 

order for elements (a) to (c) and his related finding of collateral 

estoppel. See Order No. 17 at 9-18 (Nov. 9, 2010); ID at 8-9; Order No. 

16 (Sept. 28, 2010). The Commission has further determined to adopt the 

remainder of the ID to the extent it is not based on these claim 

construction rulings. The investigation is terminated with a finding 

that Apple did not violate section 337.



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 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 this investigation 

on April 29, 2010, based on a complaint filed by Elan Microelectronics 

Corporation of Taiwan (``Elan''), alleging a violation of section 337 

in the importation, sale for importation, and sale within the United 

States after importation of certain electronic devices with multi-touch 

enabled touchpads and touchscreens by reason of infringement of certain 

claims of U.S. Patent No. 5,825,352 (``the '352 patent''). 75 FR 22625. 

The complaint named Apple, Inc. of Cupertino, California (``Apple'') as 

the only respondent.

    On April 29, 2011, the ALJ issued a final ID finding no violation 

of section 337. The ALJ concluded, among other things, that none of the 

accused products infringe the asserted claims of the '352 patent and 

that no domestic industry exists.

    On May 16, 2011, complainant Elan filed a petition for review of 

the ALJ's final ID. The same day, respondent Apple filed a contingent 

petition for review. On May 24, 2011, Elan, Apple, and the Commission 

investigative attorney responded to the petitions for review. Having 

examined the record of this investigation, including the ALJ's final ID 

and the submissions of the parties, the Commission has determined to 

review and take no position on the ALJ's claim construction ruling that 

the ``scanning'' step of independent claim 1 requires a specific 

temporal order for elements (a) to (c), and his related finding of 

collateral estoppel. See Order No. 17 at 9-18 (Nov. 9, 2010); ID at 8-

9; Order No. 16 (Sept. 28, 2010). The Commission has also determined to 

adopt the remainder of the ID to the extent it is not based on these 

claim construction rulings. The Commission had determined to terminate 

the investigation with a finding that Apple has not violated section 

337.

    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 

part 210).



    By order of the Commission.



    Issued: June 30, 2011.

James R. Holbein,

Secretary to the Commission.

[FR Doc. 2011-16967 Filed 7-6-11; 8:45 am]

BILLING CODE 7020-02-P