[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Notices]
[Pages 32996-32997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13364]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-769]


Certain Handheld Electronic Computing Devices, Related Software, 
and Components Thereof; Termination of the Investigation Based on 
Settlement and Partial Withdrawal of the Complaint

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 initial determinations 
(``IDs'') (Order Nos. 40 and 41) of the presiding administrative law 
judge (``ALJ'') terminating the above-captioned investigation as to one 
remaining respondent Inventec Corporation (``Inventec'') of Taipei 
County, Taiwan based on partial withdrawal of the complaint, and as to 
the other remaining respondents Barnes & Noble, Inc. and 
barnesandnoble.com, LLC (collectively, ``Barnes & Noble''), both of New 
York, New York, based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 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 April 25, 2011, based on a complaint filed by Microsoft Corporation 
(``Microsoft'') of Redmond, Washington. 76 FR 22918. The complaint, as 
amended, alleged a violation of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain handheld electronic computing devices, related 
software, and components thereof by reason of infringement of certain 
claims of U.S. Patent Nos. 5,778,372 (``the '372 patent''); 5,889,522 
(``the '522 patent''); 6,339,780 (``the '780 patent''); 6,891,551 
(``the '551 patent''); and 6,957,233 (``the '233 patent''). The 
complaint further alleged the existence of a domestic industry. The 
Commission's notice of investigation named several respondents 
including: Hon Hai Precision Industry Co., Ltd. and Foxconn 
Electronics, Inc., both of Tucheng City, Taiwan; Foxconn Precision 
Component (Shenzhen) Co., Ltd. of Shenzhen, China; and Foxconn 
International Holdings Ltd. of Kowloon, Hong Kong (collectively, ``the 
Foxconn/Hon Hai respondents''); Barnes & Noble; and Inventec.
    On December 15, 2011, the Commission issued notice of its 
determination not to review the ALJ's ID granting Microsoft's motion to 
terminate the investigation as to the Foxxconn/Hon Hai respondents 
based upon withdrawal of all allegations as to these respondents. On 
February 14, 2012, the Commission issued notice of its determination 
not to review the ALJ's ID granting Microsoft's motion to terminate the 
investigation as to claims 1-6, 9-14, 17-26, and 29-42 of the '780 
patent (terminating this patent from the investigation); claims 7, 9, 
and 11 of the '551 patent; claim 21 of the '233 patent; claims 1 and 2 
of the '522 patent; and claim 1 of the '372 patent, based on withdrawal 
of these asserted claims. Also, on March 2 and 7, 2012, respectively, 
the Commission issued notice of its determinations not to review the 
ALJ's IDs granting Microsoft's motion for summary determination as to 
Barnes & Noble's patent misuse defense, and for summary determination 
as to the economic prong of the domestic industry requirement.
    On May 1, 2012, Microsoft moved to terminate the investigation as 
to Inventec based upon withdrawal of all allegations as to this 
respondent. Separately, Microsoft and Barnes & Noble jointly moved to 
terminate the investigation as to the remaining respondents Barnes & 
Noble based on a settlement agreement. The Commission investigative 
attorney filed responses in support of each motion.
    On May 11, 2012, the ALJ issued an ID granting Microsoft's motion 
for termination of the investigation as to Inventec and a separate ID 
granting the joint motion for termination of the remaining respondents 
Barnes & Noble based on a settlement agreement. He found that both 
motions satisfied Commission rule 210.21 and that the joint motion for 
termination based on a settlement agreement was not contrary to the 
public interest in accordance with Commission rule 210.50(b)(2). No 
party petitioned for review of the IDs. The Commission has determined 
not to review the IDs, and has terminated the investigation.
    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 210.21 and 210.42(h) of the

[[Page 32997]]

Commission's Rules of Practice and Procedure, 19 CFR 210.21, 210.42(h).

    By order of the Commission.

     Issued: May 29, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-13364 Filed 6-1-12; 8:45 am]
BILLING CODE 7020-02-P