[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20847-20848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8264]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-834]


Certain Mobile Electronic Devices Incorporating Haptics; 
Institution of Investigation Pursuant to 19 U.S.C. 1337

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 February 7, 2012, and an amended 
complaint was filed with the U.S. International Trade Commission on 
March 2, 2012 and a supplement was filed on March 15, 2012, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Immersion Corporation of San Jose, California. The amended 
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 mobile electronic 
devices incorporating haptics by reason of infringement of certain 
claims of U.S. Patent No. 6,429,846 (``the `846 patent''); U.S. Patent 
No. 7,592,999 (``the `999 patent''); U.S. Patent No. 7,969,288 (``the 
`288 patent''); U.S. Patent No. 7,982,720 (``the `720 patent''); U.S. 
Patent No. 8,031,181 (``the `181 patent''); and U.S. Patent No. 
8,059,105 (``the `105 patent''). The amended complaint further alleges 
that an industry in the United States exists or is in the process of 
being established as required by subsection (a)(2) 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 amended 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 Office of the Secretary, Docket 
Services Division, 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 April 2, 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 mobile 
electronic devices incorporating haptics that infringe one or more of 
claim 5 of the `846 patent; claims 1-3, 6, 8-11, and 13-16 of the `999 
patent; claims 18-26 of the `288 patent; claims 1-8, 10-19, 22-25, and 
27-33 of the `720 patent; claims 1-3, 5, 6, 8, 9, 11, 13, 15, 17-25, 
and 27-34 of the `181 patent; and claims 1-5, 7-15, and 18-21 of the 
`105 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 complainant is: Immersion Corporation, 30 Rio Robles, San 
Jose, CA 95134.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Motorola Mobility, Inc., 600 N. U.S. Highway 45, Libertyville, IL 
60048.
Motorola Mobility Holdings, Inc., 600 N. U.S. Highway 45, Libertyville, 
IL 60048.
HTC Corporation, 23 Xinghua Road, Taoyuan, 330 Taiwan.
HTC America, Inc., 13920 SE. Eastgate Way, Suite 400, Bellevue, 
Washington 98005.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge; and
    (4) The presiding Administrative Law Judge is directed to promptly 
issue an initial determination amending the notice of investigation 
upon complainant's request to reflect any changes to the `846 patent 
resulting from the issuance by the Patent and Trademark Office of a 
certificate of correction in response to the currently pending 
correction request.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint

[[Page 20848]]

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 amended 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: April 2, 2012.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8264 Filed 4-5-12; 8:45 am]
BILLING CODE 7020-02-P