[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33488-33489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13634]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-846]


Certain CMOS Image Sensors and Products Containing Same; 
Institution of Investigation Pursuant to 19 U.S.C. Sec.  1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 1, 2012, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, on behalf 
of California Institute of Technology of Pasadena, California. Letters 
supplementing the complaint were filed on May 21, 2012, and May 22, 
2012. The complaint, as supplemented, 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 CMOS image sensors and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 5,841,126 (``the `126 
patent''); U.S. Patent No. 5,990,506 (``the `506 patent''); and U.S. 
Patent No. 6,606,122 (``the `122 patent''). The complaint further 
alleges that an industry in the United States exists 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 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 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 Sec.  210.10 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 25, 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 CMOS image 
sensors and products containing same that infringe one or more of 
claims 1 and 2 of the `126 patent; claims 15 and 16 of the `506 patent; 
and claim 6 of the `122 patent, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1), 
(g)(1);
    (3) 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:

    California Institute of Technology, 1200 East California Boulevard, 
Pasadena, CA 91125;
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

STMicroelectronics NV, 39 Chemin du Champ des Filles, C. P. 21, CH 1228 
Plan-Les-Ouates, Geneva, Switzerland;
STMicroelectronics Inc., 750 Canyon Drive, Coppell, TX 75019;

[[Page 33489]]

Nokia Corp., Keilalahdentie 2-4, FI-02150 Espoo, Finland;
Nokia, Inc., 102 Corporate Park Drive, White Plains, NY 10604;
Research In Motion Ltd., 295 Phillip Street, Waterloo, Ontario, Canada 
N2L 3W8;
Research In Motion Corp., 122 W. John Carpenter Parkway, Suite 430, 
Irving, TX 75038;

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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: May 31, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-13634 Filed 6-5-12; 8:45 am]
BILLING CODE 7020-02-P