[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51572-51573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20835]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-853]


Certain Wireless Consumer Electronics Devices and Components 
Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337

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 July 24, 2012, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Technology Properties Limited LLC of Cupertino, California, Phoenix 
Digital Solutions LLC of Cupertino, California, and Patriot Scientific 
Corporation of Carlsbad, California. 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 wireless consumer electronics devices and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 5,809,336 (``the '336 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 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 August 20, 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 wireless 
consumer electronics devices and components thereof that infringe one 
or more of claims 1, 6, 7, 9-11, and 13-16 of the '336 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 complainants are:

Technology Properties Limited LLC, 20883 Stevens Creek Blvd., Suite 
100, Cupertino, CA 95014.
Phoenix Digital Solutions LLC, 20883 Stevens Creek Blvd., Suite 100, 
Cupertino, CA 95014.
Patriot Scientific Corporation, 701 Palomar Airport Rd., Suite 170, 
Carlsbad, CA 92011.

    (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:

Acer Inc., 8F, No. 88, Section 1, Hsin Tai Wu Road, Hsichih 221, Taipei 
Hsien, Taiwan.
Acer America Corporation, 333 West San Carlos Street, San Jose, CA 
95110.
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210.
Barnes & Noble, Inc., 122 Fifth Avenue, New York, NY 10011.
Garmin Ltd., M[uuml]hlentalstrasse 2, 8200 Schaffhausen, Switzerland.
Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062.
Garmin USA, Inc., 1200 East 151st Street, Olathe, KS 66062.
HTC Corporation, 23 Xinghua Road, Taoyuan 330, Taiwan.
HTC America, 13920 SE Eastgate Way, Suite 200, Bellevue, WA 
98005.
Huawei Technologies Co., Ltd., Huawei Industrial Base, Bantian 
Longgang, Shenzhen 518129, China.
Huawei North America, 5700 Tennyson Parkway, Suite 500, Plano, TX 
75024.
Kyocera Corporation, 6 Takeda Tobadono-cho, Fushmi-ku, Kyoto 612-8501, 
Japan.
Kyocera Communications, Inc., 9520 Towne Centre Drive, San Diego, CA 
92121.
LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-gu, 
Seoul 150-721, Republic of Korea.
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632.
Nintendo Co., Ltd., 11-1 Kamitoba Hokotate-Cho, Minami-Ku, Kyoto 601-
8501, Japan.
Nintendo of America, Inc., 4600 150th Avenue NE., Redmond, WA 98052.
Novatel Wireless, Inc., 9645 Scranton Road Suite 205, San 
Diego, CA 92121.
Samsung Electronics Co., Ltd., Samsung Main Building, 250, Taepyeongno 
2-ga, Jung-gu, Seoul 100-742, Republic of Korea.
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield 
Park, NJ 07660.
Sierra Wireless, Inc., 13811 Wireless Way, Richmond, British Columbia 
V6V 3A4, Canada.
Sierra Wireless America, Inc., 2200 Faraday Avenue, Suite 150, 
Carlsbad, CA 92008.
ZTE Corporation, ZTE Plaza, Keji South Road, Hi & New Tech Industrial 
Park, Nanshan District, Shenzhen 518057, China.
ZTE (USA) Inc., 2425 N. Central Expressway, Suite 323, Richardson, TX 
75080.

    (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

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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: Tuesday, August 21, 2012.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2012-20835 Filed 8-23-12; 8:45 am]
BILLING CODE 7020-02-P