[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68209-68210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28485]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-810]
Certain Navigation Products, Components Thereof, and Related
Software; Institution of Investigation
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 September 30, 2011, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on
behalf of Furuno Electric Co., Ltd. of Japan and Furuno U.S.A., Inc. of
Camas, Washington. 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 navigation products, components thereof, and related software
by reason of infringement of certain claims of U.S. Patent No.
6,084,565 (``the '565 patent''); U.S. Patent No. 7,095,367 (``the '367
patent''); U.S. Patent No. 7,089,094 (``the '094 patent''); and U.S.
Patent No. 7,161,561 (``the '561 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://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 Docket Services Division of the
Office of the Secretary, U.S. International Trade Commission, telephone
(202) 205-1802.
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 October 27, 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 navigation
products, components thereof, and related software that infringe one or
more of claims 1, 2, 11, and 16 of the '565 patent; claim 1 of the '367
patent; claim 1 of the '094 patent; and claim 8 of the '561 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
[[Page 68210]]
this notice of investigation shall be served:
(a) The complainants are: Furuno Electric Co., Ltd., 9-52 Ashihara-
cho, Nishinomiya City, Hyogo, 662-8580, Japan.
Furuno U.S.A., Inc., 4400 NW., Pacific Rim Boulevard, Camas, WA
98607.
(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: Honeywell International Inc., 101 Columbia Road,
Morristown, NJ 07960.
Skyforce Avionics Ltd., 5 The Old Granary, Boxgrove, Chichester,
West Sussex, PO18 OES UK.
(3) For the investigation so instituted, the Honorable Charles E.
Bullock, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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.
Issued: October 27, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-28485 Filed 11-2-11; 8:45 am]
BILLING CODE 7020-02-P