[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11157-11158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4263]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-721]


Certain Portable Electronic Devices and Related Software; Final 
Determination Finding No Violation of Section 337; Termination of the 
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 found no violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337 with respect to United States Patent No. 6,999,800 
(``the '800 patent'') in this investigation, and has terminated the 
investigation.

FOR FURTHER INFORMATION CONTACT: Amanda S. Pitcher, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2737. 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 Street SW., Washington, DC 20436, 
telephone 202-205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (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 June 17, 2010, based on a complaint filed by HTC Corporation 
(``HTC'') of Taiwan. 75 FR 34,484-85 (June 17, 2010). The complaint 
alleged violations of the Tariff Act of 1930 (19 U.S.C. 1337) in the 
importation into the United States, the sale for importation, and sale 
within the United States after importation of certain portable 
electronic devices and related software by reason of infringement of 
various claims of the '800 patent; United States Patent No. 5,541,988 
(``the '988 patent''); United States Patent No. 6,320,957 (``the '957 
patent''); United States Patent No. 7,716,505 (``the '505 patent''); 
and United States Patent No. 6,058,183 (``the '183 patent'') 
(subsequently terminated

[[Page 11158]]

from the investigation). The complaint named Apple Inc. as the 
Respondent.
    On October 17, 2011, the ALJ issued his final ID, finding no 
violation of section 337 by the Respondent. Specifically, the ALJ found 
that the Commission has subject matter jurisdiction and that Apple did 
not contest that the Commission has in rem and in personam 
jurisdiction. The ALJ also found that there was an importation into the 
United States, sale for importation, or sale within the United States 
after importation of the accused portable electronic devices and 
related software. Regarding infringement, the ALJ found that Apple does 
not infringe claims 1, 2, 4, 6, 10, 11, 14 and 15 of the '800 patent, 
claims 1 and 10 of the '988 patent, claims 8-9 of the '957 patent and 
claims 1-2 of the '505 patent. With respect to invalidity, the ALJ 
found that the asserted claims are not invalid. Finally, the ALJ 
concluded that an industry exists within the United States that 
practices the '988 and '957 patents, but not the '800 and '505 patents 
as required by 19 U.S.C. 1337(a)(2).
    On October 31, 2011, HTC filed a petition for review of the ID, 
which also included a contingent petition for review. Also on October 
31, 2011, Apple filed a contingent petition for review. On November 8, 
2011, the parties filed responses to the petition and contingent 
petitions for review. On December 16, 2011, the Commission determined 
to review the ID in part. The Commission determined to review the ALJ's 
findings for '800 patent in its entirety and requested briefing on nine 
issues, and on remedy, the public interest and bonding. 76 FR 79708-09 
(Dec. 22, 2011). The Commission did not review any issues related to 
the '505 patent and reviewed in part the ALJ's findings for the '988 
and '957 patents. Id. The Commission took no position on one limitation 
and affirmed the remainder of the ALJ's findings for the '988 and '957 
patents. Id. The Commission terminated those patents from the 
investigation. Id.
    On January 4, 2012, the parties filed written submissions on the 
issues under review, remedy, the public interest, and bonding. On 
January 11, 2012, the parties filed reply submissions on the issues on 
review, remedy, the public interest, and bonding.
    Having examined the record of this investigation, including the 
ALJ's final ID, the Commission has determined that there is no 
violation of section 337. Specifically, the Commission has determined 
to reverse the ALJ's finding that the ``switching the PDA system from 
normal mode to sleep mode when the PDA system has been idle for a 
second period of time'' limitation of claim 1 is met and affirm the 
ALJ's determination that the accused products do not meet the 
``implementing a power detection method comprising steps of: detecting 
an amount of power of a source in the power system; switching the 
mobile phone system to off mode when the detected amount is less than a 
first threshold; and switching the PDA system to off mode when the 
detected amount is less than a second threshold'' limitations of claim 
1. In addition, the Commission affirms the ALJ's finding that no 
domestic industry exists for the '800 patent. The Commission also finds 
that Apple's waiver argument is moot.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.42-46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-46).

    By order of the Commission.
    Issued: February 17, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-4263 Filed 2-23-12; 8:45 am]
BILLING CODE 7020-02-P