[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Notices]
[Pages 55498-55499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22172]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-850]


Certain Electronic Imaging Devices; Commission Determination Not 
To Review an Initial Determination Granting a Joint Motion To Amend the 
Notice of Investigation and Complaint

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 determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 6) 
granting a motion by complainant FlashPoint Technology, Inc. 
(``Flashpoint'') and respondents Huawei Technologies Co., Ltd. and 
FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA) 
(collectively ``the Huawei Respondents'') to amend the Notice of 
Investigation (``NOI'') and complaint to replace the Huawei Respondents 
with Huawei Device Co., Ltd. of Shenzhen, China and Huawei Device USA 
Inc. of Plano, Texas.

FOR FURTHER INFORMATION CONTACT: Amanda S. Pitcher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2737. 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 this investigation 
on June 29, 2012, based on a complaint filed by FlashPoint Technology, 
Inc. (``Flashpoint'') of Peterborough, New Hampshire alleging 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) by 
reason of infringement of certain claims of U.S. Patent No. 6,400,471; 
U.S. Patent No. 6,222,538; U.S. Patent No. 6,504,575; and U.S. Patent 
No. 6,223,190. The NOI named HTC Corporation of Taoyuan, Taiwan; HTC 
America, Inc. of Bellevue, Washington; Pantech Co., Ltd. of Seoul, 
Korea; Pantech Wireless, Inc. of Atlanta, Georgia; Huawei Technologies 
Co., Ltd. of Shenzhen, China; FutureWei Technologies, Inc. d/b/a Huawei 
Technologies (USA) of Plano, Texas; ZTE Corporation of Shenzhen, China; 
and ZTE (USA) Inc. of Richardson, Texas.
    On August 2, 2012, Flashpoint and respondents Huawei Technologies 
Co., Ltd. and FutureWei Technologies, Inc. d/b/a Huawei Technologies 
(USA) (collectively ``the Huawei Respondents'') filed a motion to amend 
the complaint and NOI to replace the currently named Huawei Respondents 
with Huawei Device Co., Ltd., having a principal place of business at 
Section B, Huawei Administration Building, Bantian, Longgang, Shenzhen, 
Guangdong, P.R. China, 518129, and Huawei Device USA Inc., having a 
principal place of business at 5700 Tennyson Parkway, Suite 
600, Plano, Texas 75024.
    On August 9, 2012, the ALJ issued an ID granting the joint motion 
to amend the complaint and NOI to replace the named Huawei Respondents 
with Huawei Device Co., Ltd. and Huawei Device USA Inc. The ALJ found 
that good cause exists to amend the complaint and NOI because 
Flashpoint recently learned which entities are responsible for the 
accused products based on communications with counsel for the Huawei 
Respondents. In addition, the ALJ found that the substitution of the 
parties will not require extension of the target date, will not change 
the scope of the investigation, and will assist in obtaining a complete 
record for the investigation. No petitions for review were filed.
    The Commission has determined not to review the ID.
    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 210.43-45 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.43-45).

    By order of the Commission.


[[Page 55499]]


    Issued: September 5, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-22172 Filed 9-7-12; 8:45 am]
BILLING CODE 7020-02-P