[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Pages 16533-16534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06005]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-873]


Certain Integrated Circuit Devices and Products Containing the 
Same; 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 February 8, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Tela Innovations, Inc. of Los Gatos, California. A letter supplementing 
the complaint was filed on February 28, 2013. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and/or the sale within the United 
States after importation of certain integrated circuit devices and 
products containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 8,264,049 (``the '049 patent''); U.S. Patent 
No. 8,264,044 (``the '044 patent''); U.S. Patent No. 8,258,550 (``the 
'550 patent''); U.S. Patent No. 8,258,547 (``the '547 patent''); U.S. 
Patent No. 8,217,428 (``the '428 patent''); U.S. Patent No. 8,258,552 
(``the '552 patent''); and U.S. Patent No. 8,030,689 (``the '689 
patent''). The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests 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 March 11, 2013, 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 integrated 
circuit devices and products containing the same that infringe one or 
more of claims 1-11 and 20-23 of the '049 patent; claims 1-5, 7, 8, 10-
14, 17, 18, 21-25, 28, 29, 32-36, 39, and 40 of the '044 patent; claims 
1-23, 26-31, and 38-46 of the '550 patent; claims 1-34 of the '547 
patent; claims 1-13 of the '428 patent; claims 1-5, 11, and 18-47 of 
the '552 patent; and claims 2-4, 29, and 33-46 of the '689 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 set forth in 19 U.S.C. 1337(d)(1) and 
(f)(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 complainant is:

Tela Innovations, Inc., 485 Alberto Way, Suite 115, Los Gatos, CA 
95032.

    (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:

HTC Corporation, 23 Xinghua Road, Taoyuan, 330, Taiwan.
HTC America, Inc., 13920 SE. Eastgate Way, Bellevue, WA 98005.
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.
LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San 
Diego, CA 92131.
Motorola Mobility LLC, 600 N. U.S. Highway 45, Libertyville, IL 60048.
Nokia Corporation (Nokia Oyj), Keilalahdentie 2-4, FI-02150 Espoo, 
Finland.
Nokia, Inc., 200 South Matilda Avenue, West Washington Avenue, 
Sunnyvale, CA 94086.
Pantech Co., Ltd., Pantech R&D Center, I-2, DMC Sangam-dong Mapo-go, 
Seoul, 121-270, Republic of Korea.
Pantech Wireless, Inc., 5607 Glenridge Dr. NE., Suite 500, Atlanta, GA 
30342.

    (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 respondents 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 a respondent to file a timely response to each 
allegation in the

[[Page 16534]]

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 respondents, 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 respondents.

     Issued: March 12, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-06005 Filed 3-14-13; 8:45 am]
BILLING CODE 7020-02-P