[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45860-45861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19356]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-794]


In the Matter of Certain Electronic Devices, Including Wireless 
Communication Devices, Portable Music and Data Processing Devices, and 
Tablet Computers; Notice of Institution of Investigation; Institution 
of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 28, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Samsung Electronics Co., Ltd. of Korea and Samsung Telecommunications 
America, LLC of Richardson, Texas. Supplements were filed on July 7 and 
July 15, 2011. 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 
electronic devices, including wireless communication devices, portable 
music and data processing devices, and tablet computers by reason of 
infringement of certain claims of U.S. Patent No. 7,706,348 (``the `348 
patent''); U.S. Patent No. 7,486,644 (``the `644 patent''); U.S. Patent 
No. 6,771,980 (``the `980 patent''); U.S. Patent No. 6,879,843 (``the 
`843 patent''); and U.S. Patent No. 7,450,114 (``the `114 patent''). 
The complaint further alleges that an industry in the United States 
exists or is in the process of being established 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 and supplements, except for any confidential 
information contained therein, are 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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2011).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 26, 2011, 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 electronic 
devices, including wireless communication devices, portable music and 
data processing devices, and tablet computers that infringe one or more 
of claims 75-78 and 82-84 of the `348 patent; claims 9-16 of the `644 
patent; claims 5-7 and 9-13 of the `980 patent; claims 1-11 of the `843 
patent; and claims 1-5 of the `114 patent, 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:

Samsung Electronics Co., Ltd., 416 Maetan-3dong, Yeongtong-gu, Suwon-
City, Gyeonggi-do, Korea 443-742;
Samsung Telecommunications America, LLC, 1301 East Lookout Drive, 
Richardson, TX 75082.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; 
and

[[Page 45861]]

    (3) For the investigation so instituted the 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 respondent 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 the 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 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.

    By order of the Commission.

    Issued: July 27, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-19356 Filed 7-29-11; 8:45 am]
BILLING CODE 7020-02-P