[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Page 69501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27989]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-809]


Certain Devices for Mobile Data Communication; Determination Not 
To Review an Initial Determination Granting a Motion By Complainant To 
Terminate the Investigation in Its Entirety Based Upon Withdrawal of 
the Complaint; Termination of the Investigation

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 an initial determination 
(``ID'') (Order No. 60) of the presiding administrative law judge 
(``ALJ'') granting a motion by complainant to terminate the 
investigation in its entirety based upon withdrawal of the complaint.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. 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 October 13, 2011, based on a complaint filed by Openwave Systems 
Inc. of Redwood City, California (``Openwave''). 76 FR 63657-58 (Oct. 
13, 2011). The complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended 19 U.S.C. 1337, in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain devices for mobile data 
communication by reason of infringement of certain claims of United 
States Patent Nos. 6,233,608; 6,289,212; 6,405,037; 6,430,409; and 
6,625,447. The notice of investigation named Research In Motion Ltd. of 
Ontario, Canada; Research In Motion Corp. of Irving, Texas; and Apple 
Inc. of Cupertino, California as respondents. During pendency of the 
investigation, Openwave changed its name to Unwired Planet, Inc.
    On October 12, 2012, Openwave filed an unopposed motion to 
terminate the investigation in its entirety based upon withdrawal of 
the complaint. No responses to the motion were filed.
    That same day, the ALJ issued the subject ID (Order No. 60) 
terminating the investigation. The ALJ found that the motion complied 
with the requirements of Commission Rule 210.21(a) (19 CFR 210.21(a)) 
and that no extraordinary circumstances prohibited granting the motion. 
None of the parties petitioned for review of the ID. The Commission has 
determined not to review the ID.
    The Commission notes that in Order No. 57 the ALJ denied a request 
by the parties to terminate the investigation prior to the evidentiary 
hearing based upon Openwave's stipulation that, under the ALJ's claim 
construction, the accused products do not infringe the asserted claims. 
The Commission clarifies that it encourages early disposition of 
investigations on dispositive issues, when possible, before the 
evidentiary hearing in the interest of mitigating litigation costs and 
conserving resources of the parties and the Commission. See, e.g., 
Certain Drill Bits and Products Containing the Same, Inv. No. 337-TA-
844, 77 FR 51825-26 (Aug. 27, 2012) (affirming grant of summary 
determination of no importation on the merits and terminating 
investigation).
    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 section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: November 13, 2012.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-27989 Filed 11-16-12; 8:45 am]
BILLING CODE 7020-02-P