[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Pages 50253-50254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20467]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-797]


Certain Portable Electronic Devices and Related Software; 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 July 8, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Apple Inc., f/k/a Apple Computer, Inc. of Cupertino, California. A 
supplement was filed on August 3, 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 portable electronic devices and related 
software by reason of infringement of certain claims of U.S. Patent No. 
7,844,915 (``the `915 patent''); U.S. Patent No. 7,469,381 (``the `381 
patent''); U.S. Patent No. 7,084,859 (``the `859 patent''); U.S. Patent 
No. 7,920,129 (``the `129 patent''); and U.S. Patent No. 6,956,564 
(``the `564 patent''). The complaint further alleges that an industry 
in the United States exists as required by subsection (a)(2) of section 
337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint and supplement, 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 August 5, 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 portable 
electronic devices and related software that infringe one or more of 
claims 1-5, 7-12, 14-19, and 21 of the `915 patent; claims 1-20 of the 
`381 patent; claims 14-20, 25, and 28 of the `859 patent; claims 1-3, 
5-12, 14-19, 21, 22, and 24-28 of the `129 patent; and claims 28 and 36 
of the `564 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 complainant is:
Apple Inc., f/k/a Apple Computer, Inc.,
1 Infinite Loop,
Cupertino, CA 95014.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
HTC Corp.,
23 Xinghua Road, Taoyuan 330,
Taiwan.

HTC America, Inc.,
13920 SE. Eastgate Way, Suite 400,
Bellevue, WA 98005.

Exedea, Inc.,
5950 Corporate Drive,
Houston, TX 77036.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Acting Chief 
Administrative Law Judge Charles E. Bullock, 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 respondents 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 a 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.

[[Page 50254]]

    Issued: August 8, 2011.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2011-20467 Filed 8-11-11; 8:45 am]
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