[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Pages 58576-58577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23328]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-856]


Certain Wireless Communication Devices, Portable Music and Data 
Processing Devices, Computers, 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 August 17, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Motorola Mobility LLC of Libertyville, Illinois; Motorola Mobility 
Ireland of Bermuda; and Motorola Mobility International Limited of 
Bermuda. A letter supplementing the complaint was filed on September 6, 
2012. 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 
communication devices, portable music and data processing devices, 
computers, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 5,883,580 (``the '580 patent''); U.S. Patent 
No. 5,922,047 (``the '047 patent''); U.S. Patent No. 6,425,002 (``the 
'002 patent''); U.S. Patent No. 6,493,673 (``the '673 patent''); U.S. 
Patent No. 6,983,370 (``the '370 patent''); U.S. Patent No. 7,007,064 
(``the '064 patent''); and U.S. Patent No. 7,383,983 (``the '983 
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 a cease and desist order.

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 September 14, 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 
communication devices, portable music and data processing devices, 
computers, and components thereof that infringe one or more of claims 
1-3, 10-11, 13, and 15 of the '580 patent; claims 17 and 18 of the '047 
patent; claims 1, 5, 6, and 11 of the '002 patent; claims 1, 9-11, and 
50 of the '673 patent; claims 50-52 and 54 of the '370 patent; claims 
1, 2, 5-7, and 9-13 of the '064 patent; and claims 1-4, 9, 12-14, 25-
26, 31, 33-35, 37, 39, and 40 of the '983 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 complainants are:

Motorola Mobility LLC, 600 North US Highway 45, Libertyville, IL 60048;
Motorola Mobility Ireland, Clarendon House, 2 Church Street, Hamilton 
HMCX, Bermuda;
Motorola Mobility International Limited, Clarendon House, 2 Church 
Street, Hamilton, HM11, Bermuda.

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.

    (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 respondent 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 the respondent to file a timely response to each 
allegation in the complaint and in this notice may be

[[Page 58577]]

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: September 18, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-23328 Filed 9-20-12; 8:45 am]
BILLING CODE 7020-02-P