[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11588-11589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4497]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-831]


Certain Electronic Devices for Capturing and Transmitting Images, 
and Components Thereof

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 January 10, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Eastman Kodak Company of Rochester, New York. Letters supplementing the 
complaint were filed on January 11, 2012 and February 10, 2012. 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 electronic devices for 
capturing and transmitting images and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 7,210,161 (``the '161 
patent''); U.S. Patent No. 7,742,084 (``the '084 patent''); U.S. Patent 
No. 7,453,605 (``the '605 patent''); U.S. Patent No. 7,936,391 (``the 
'391 patent''); and U.S. Patent No. 6,292,218 (``the '218 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by subsections (a)(2) and (3) of section 337.
    The complainant requests 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

[[Page 11589]]

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 February 21, 2012, 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 electronic 
devices for capturing and transmitting images and components thereof by 
reason of infringement of one or more of claims 5 and 7 of the '161 
patent; claims 1 and 7-11 of the '084 patent; claims 1-6, 9-13, 16, 17, 
19, and 20 of the '605 patent; claims 11, 12, and 15-18 of the '391 
patent; and claims 15 and 23-27 of the '218 patent; and whether an 
industry in the United States exists as required by subsections (a)(2) 
and (3) 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:

Eastman Kodak Company, 343 State Street Rochester, NY 14650.

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Apple Inc., 1 Infinite Loop, Cupertino, CA 95014;
High Tech Computer Corp. a/k/a 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 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.

    By order of the Commission.
    Issued: February 22, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-4497 Filed 2-24-12; 8:45 am]
BILLING CODE 7020-02-P