[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40083-40084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16574]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-710]


Certain Personal Data and Mobile Communications Devices and 
Related Software; Institution of a Formal Enforcement Proceeding; 
Denial of Request for Temporary Emergency Action

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 instituted a formal enforcement proceeding related to 
the December 19, 2011, limited exclusion order issued in the above-
captioned investigation, and has denied the complainant's request for 
temporary emergency action.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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 the underlying 
investigation on April 6, 2010, based on a complaint filed by Apple 
Inc., and its subsidiary NeXT Software, Inc., both of Cupertino, 
California (collectively, ``Apple''), alleging a violation of section 
337 in the importation, sale for importation, and sale within the 
United States after importation of certain personal data and mobile 
communications devices and related software. 75 FR 17434 (Apr. 6, 
2010). The complaint named as proposed respondents High Tech Computer 
Corp. of Taiwan (``HTC'') and its United States subsidiaries HTC 
America Inc. of Bellevue, Washington (``HTC America''), and Exedea, 
Inc. of Houston, Texas (``Exedea''). The complaint alleged the 
infringement of numerous patents, including certain claims in U.S. 
Patent No. 5,946,647 (``the '647 patent'').
    On December 19, 2011, the Commission found a violation of section 
337 as to claims 1 and 3 of the '647 patent, and no violation of 
section 337 as to any other asserted claims. 76 FR 80402 (Dec. 23, 
2011). An opinion accompanied the notice. The Commission issued a 
limited exclusion order, the enforcement of which the Commission 
determined would not commence until April 19, 2012, in order to provide 
time for wireless carriers to transition to different products.
    On June 4, 2012, Apple filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate a violation of the limited exclusion order, 
and seeking temporary emergency action under Commission Rule 210.77. 
The complaint names as proposed respondents HTC and HTC America. On 
June 15, 2012, HTC and HTC America submitted a letter to the Commission 
opposing Apple's request for temporary emergency action, and seeking to 
narrow the scope of any enforcement action instituted based in part on 
Apple's waiver of certain arguments in the underlying investigation. On 
June 18, 2012, third-party T-Mobile USA, Inc. (``T-Mobile'') filed a 
letter with the Commission arguing that any further Commission action 
should be accompanied by a new four-month transition period. Apple and 
HTC filed additional letters with the Commission on June 21 and 22, 
2012, respectively.
    Having examined the complaint seeking a formal enforcement 
proceeding, and having found that the complaint complies with the 
requirements for institution of a formal enforcement proceeding as set 
forth in Commission Rule 210.75, the Commission has determined to 
institute formal enforcement proceedings to determine whether HTC and 
HTC America are in violation of the December 19, 2011, limited 
exclusion order. The following entities are named as parties to the 
formal enforcement proceeding: (1) Apple; (2) respondents HTC and HTC 
America; and (3) the Office of Unfair Import Investigations.
    As set forth more fully in the accompanying Order, the Commission

[[Page 40084]]

has determined not to take temporary emergency action under Commission 
Rule 210.77.
    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 210.75 and 210.77 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.75 and 210.77).

    Issued: July 2, 2012.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-16574 Filed 7-5-12; 8:45 am]
BILLING CODE 7020-02-P