[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Pages 38829-38830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15975]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-850]


Certain Electronic Imaging Devices; 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 May 23, 2012, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
FlashPoint Technology, Inc. of Peterborough, New Hampshire. 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 imaging 
devices by reason of infringement of certain claims of U.S. Patent No. 
6,400,471 (``the '471 patent''); U.S. Patent No. 6,222,538 (``the '538 
patent''); U.S. Patent No. 6,504,575 (``the '575 patent''); and U.S. 
Patent No. 6,223,190 (``the '190 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request 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 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 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 22, 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 
imaging devices that infringe one or more of claims 1-5, 7, 8, 10, 22, 
24, 26, 28, 31, 34-43, 60, and 62-69 of the '471 patent; claims 1, 17, 
19, and 21-23 of the '538 patent; claims 1, 8, 17, 18, 20-22, 26, and 
28 of the '575 patent, and claims 13, 14, 16, 20-29, 31-33, 36-39, 42, 
43, 46-49, and 52-56 of the '190 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: FlashPoint Technology, Inc., 20 Depot 
Street, Suite 2A, Peterborough, NH 03458.
    (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:

HTC Corporation, 23 Xinghua Road, Taoyuan, 330, Taiwan.
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA 
98005.
Pantech Co., Ltd., Pantech Building I-2, DMC, Sangam-dong, Mapo-gu, 
Seoul 121-792, Republic of Korea.
Pantech Wireless, Inc., 5607 Glenridge Dr. NE Ste 500, Atlanta, GA 
30342-7200.
Huawei Technologies Co., Ltd., Bantian, Longgang District, Shenzhen, 
Guangdong Province 51 g 1-29, China.
FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA), 5700 
Tennyson Parkway, Suite 500, Plano, TX 75021-4234.
ZTE Corporation, ZTE Plaza, No. 55 Hi-Tech Road South, Shenzhen, 
Guangdong Province 518057, China.
ZTE (USA) Inc., 2425 N. Central Expy., Ste. 600, Richardson, TX 75080.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission,

[[Page 38830]]

shall designate the presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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.

    Issued: June 25, 2012.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-15975 Filed 6-28-12; 8:45 am]
BILLING CODE 7020-02-P