[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1083-1084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-121]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-797]


Certain Portable Electronic Devices and Related Software; 
Determination Not To Review Initial Determination Granting Motion To 
Amend the Complaint and Notice of Investigation

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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 19) 
granting Complainant's unopposed motion to amend the Complaint and 
Notice of Investigation.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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

[[Page 1084]]

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 August 12, 2011, based on a complaint filed by Apple Inc. 
(``Apple''), alleging a violation of section 337 in the importation, 
sale for importation, and sale within the United States after 
importation of certain portable electronic devices and related 
software. 76 FR 50253 (Aug. 12, 2011). The complaint alleged the 
infringement of claims of U.S. Patent Nos. 7,844,915; 7,469,381; 
7,084,859; 7,920,129; and 6,956,564. The complaint named as respondents 
HTC Corp. of Taoyuan City, Taiwan and its subsidiaries HTC America, 
Inc. of Bellevue, Washington, and Exedea, Inc. of Houston, Texas. The 
complaint further alleged that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    On October 7, 2011, Apple filed a motion seeking leave to amend the 
complaint and notice of investigation. In particular, Apple sought to: 
``(i) clarify its allegations with respect to asserted U.S. Patent No. 
6,956,564 to reflect that it has been reissued subsequent to the 
institution of this Investigation as U.S. Patent No. RE42,738 E and add 
two new asserted claims from the reissued patent [claim nos. 4 and 37], 
(ii) amend the `Related Litigation' section of the Complaint to reflect 
inadvertently omitted information, and (iii) identify additional 
accused products that had not been released at the time the original 
Complaint was filed [i.e., the HTC Evo 3D, the HTC Evo View 4G, and the 
HTC Jetstream].'' Order No. 19, at 1 (Dec. 2, 2011).
    On December 2, 2011, the ALJ issued an ID granting Apple's 
unopposed motion to amend the complaint and notice of investigation. 
Id. at 2-4. No petitions for review of the ID were filed.
    The Commission has determined not to review the ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. Sec.  
1337), and in sections 210.14 and 210.42 of the Commission's Rules of 
Practice and Procedure (19 C.F.R. Sec. Sec.  210.14, 210.42).

    Issued: January 4, 2012.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-121 Filed 1-6-12; 8:45 am]
BILLING CODE 7020-02-P