[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Notices]
[Pages 35426-35427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14318]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-848]


Certain Radio Frequency Integrated Circuits and Devices 
Containing Same; Institution of Investigation

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 15, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Peregrine Semiconductor Corporation of San Diego, California. 
Supplements were filed on February 16 and February 28, 2012. The 
complaint was amended on May 11, 2012. The complaint, as supplemented 
and amended, 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 radio 
frequency integrated circuits and devices containing same by reason of 
infringement of certain claims of U.S. Patent No. 7,910,993 (``the `993 
patent''); U.S. Patent No. 7,123,898 (``the `898 patent''); U.S. Patent 
No. 7,460,852 (``the `852 patent''); U.S. Patent No. 7,796,969 (``the 
`969 patent''); and U.S. Patent No. 7,860,499 (``the `499 patent''). 
The amended 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 order.

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.

[[Page 35427]]

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 210.10 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 5, 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 radio 
frequency integrated circuits and devices containing same that infringe 
one or more of claims 14-16, 23-25, 31, 32, and 37 of the `993 patent; 
claims 1-3, 5-7, and 15 of the `898 patent; 1-4, 7, 13, 14, 20, 22, 24, 
and 25 of the `852 patent; claims 6-8, 29, and 30 of the `969 patent; 
and claims 1, 3, 5, and 6 of the `499 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:

Peregrine Semiconductor Corporation, 9380 Carroll Park Drive, San 
Diego, CA 92121.

    (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:

RF Micro Devices, Inc., 7628 Thorndike Road, Greensboro, NC 27409-9421;
Motorola Mobility, Inc., 600 North US Highway 45, Libertyville, IL 
60048;
HTC America, Inc., 13920 SE. Eastgate Way, Suite 400, Bellevue, WA 
98005;
HTC Corporation, 23 Xinghua Road, Taoyuan County 330, Taiwan.

    (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: June 7, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-14318 Filed 6-12-12; 8:45 am]
BILLING CODE 7020-02-P