[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54252-54253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22266]


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

 INTERNATIONAL TRADE COMMISSION

[ Inv. No. 337-TA-800]


In the Matter of Certain Wireless Devices With 3G Capabilities 
and Components Thereof; Notice of Institution of Investigation

    Institution of investigation pursuant to 19 U.S.C. 1337.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 26, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
InterDigital Communications, LLC of King of Prussia, Pennsylvania; 
InterDigital Technology Corporation of Wilmington, Delaware; and IPR 
Licensing, Inc. of Wilmington, Delaware. A letter supplementing the 
complaint was filed on August 12, 2011. The complaint, as supplemented, 
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 wireless devices with 3G 
capabilities and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 7,349,540 (``the '540 patent''); U.S. 
Patent No. 7,502,406 (``the '406 patent''); U.S. Patent No. 7,536,013 
(``the '013 patent''); U.S. Patent No. 7,616,970 (``the '970 patent''); 
U.S. Patent No. 7,706,332 (``the '332 patent''); U.S. Patent No. 
7,706,830 (``the '830 patent''); and U.S. Patent No. 7,970,127 (``the 
'127 patent''). The complaint further alleges that an industry in the 
United States exists 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 cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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:[sol][sol]www.usitc.gov. The public record for this investigation 
may be viewed on the Commission's electronic docket (EDIS) at 
http:[sol][sol]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 24, 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

[[Page 54253]]

importation of certain wireless devices with 3G capabilities and 
components thereof that infringe one or more of claims 1-15 of the '540 
patent; claims 1, 2, 6-9, 13, 15-16, 20-22, 26, 28-30, 34-36, and 40 of 
the '406 patent; claims 1-19 of the '013 patent; claims 1-18 of the 
'970 patent; claims 1-27 of the '332 patent; claims 1-3, 5-8, 10, 16-
18, 20-23, and 25 of the '830 patent; and claims 1-14 of the '127 
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:

InterDigital Communications, LLC, 781 Third Avenue, King of Prussia, PA 
19406-1409.
InterDigital Technology Corporation, Hagley Building, Suite 105, 3411 
Silverside Road, Concord Plaza, Wilmington, DE 19810-4812.
IPR Licensing, Inc., Hagley Building, Suite 105, 3411 Silverside Road, 
Concord Plaza, Wilmington, DE 19810-4812.

    (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:

Huawei Technologies Co., Ltd., Bantian, Longgang District, Shenzhen, 
Guangdong Province 518129, China.
FutureWei Technologies, Inc. d/b/a Huawei, Technologies (USA), 5700 
Tennyson Parkway, Suite 500, Plano, TX 75024.
Nokia Corporation, Keilalahdentie 2-4, FIN-00045 Nokia Group, Espoo, 
Finland.
Nokia Inc., 102 Corporate Park Drive, White Plains, NY 10604.
ZTE Corporation, ZTE Plaza, No. 55 Hi-Tech Road South, Shenzhen, 
Guangdong Province 518057, China.
ZTE (USA) Inc., 2425 N. Central Expressway, Ste. 600, Richardson, TX 
75080.

    (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 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 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.

    Issued: August 25, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22266 Filed 8-30-11; 8:45 am]
BILLING CODE 7020-02-P