[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Page 12354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04068]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-853]


 Certain Wireless Consumer Electronics Devices and Components 
Thereof; Commission Determination Concerning an Initial Determination 
Granting a Motion To Amend Complaint and Notice of 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 did not determine to review the presiding administrative law 
judge's (``ALJ'') initial determination (``ID'') (Order No. 17) 
granting a motion of complainants Technology Properties Limited LLC and 
Phoenix Digital Solutions LLC of Cupertino, California and Patriot 
Scientific Corporation of Carlsbad, California (collectively 
``Complainants'') to amend the Complaint and Notice of Investigation 
(``NOI''). The ID therefore became the determination of the Commission.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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 August 24, 2012, based on a complaint filed by Complainants. 77 FR 
51572-573 (August 24, 2012). The complaint alleges violations of 
Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by 
reason of infringement of certain claims of U.S. Patent No. 5,809,336. 
The complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation named numerous respondents, 
including Huawei Technologies Co, Ltd. of Shenzhen, China (``Huawei''); 
Huawei North America of Plano, Texas (``Huawei North America''); Sierra 
Wireless, Inc. of British Columbia, Canada and Sierra Wireless America, 
Inc. of Carlsbad, California (collectively ``Sierra''). The Office of 
Unfair Import Investigation was also named as a participating party. On 
February 4, 2013, the Commission terminated the investigation with 
respect to Sierra. Notice (Feb. 4, 2013); see Order No. 17 (Jan. 15, 
2013).
    On November 13, 2012, Complainants filed a motion to amend the 
Complaint and NOI to remove Huawei North America as a respondent and to 
add Huawei Device Co., Ltd., Huawei Device USA Inc., and Futurewei 
Technologies, Inc. (collectively, ``Proposed Respondents'') as 
respondents. On November 23, 2012, the Commission investigative staff 
filed a response in support of the motion. On November 26, 2012, Huawei 
and Proposed Respondents filed a response opposing the motion.
    On January 8, 2013, the ALJ issued the subject ID, granting 
Complainants' motion to amend the Complaint and NOI pursuant to section 
210.14(b)(1) of the Commission's Rules of Practice and Procedure (19 
CFR 210.14(b)(1)). The ALJ found that good cause supported granting the 
motion because the public interest will be best served by the inclusion 
of all relevant parties in a single investigation. No petitions for 
review of this ID were filed.
    The subject ID became the determination of the Commission on 
February 8, 2013, under section 210.42(h)(3) of the Commission's Rules 
of Practice and Procedure (19 CFR 210.42(h)(3)).
    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: February 15, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-04068 Filed 2-21-13; 8:45 am]
BILLING CODE 7020-02-P