[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19311-19312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07376]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-875]
Certain Radio Frequency Identification (``RFID'') Products 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 February 22, 2013, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Neology, Inc. of Poway, California. A letter supplementing the
complaint was filed on March 7, 2013. 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 radio frequency identification (``RFID'')
products and components thereof by reason of infringement of U.S.
Patent No. 7,081,819 (``the '819 Patent''); U.S. Patent No. 7,671,746
(``the '746 Patent''); and U.S. Patent No. 6,690,264 (``the '264
Patent''). The complaint further alleges that an industry exists in the
United States as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited 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
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 C.F.R. 210.10 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 25, 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 radio
frequency identification (``RFID'') products and components thereof by
reason of infringement of one or more of claims 1-2 of the '819 patent;
claims 8-12 and 15-17 of the '746 patent; and claims 1-18 of the '264
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 complainant is:
[[Page 19312]]
Neology, Inc., 12760 Danielson Court, Suite A, Poway, CA 92064
(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:
Federal Signal Corporation, 1415 West 22nd Street, Suite 1100,
Oakbrook, IL 60523
Federal Signal Technologies, LLC, 2 Technology Drive, Suite 100,
Irvine, CA 92618
Sirit Corp., 2 Technology Drive, Suite 100, Irvine, CA 92618
3M Company, 3M Center, St. Paul, MN 55144-1000
(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 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 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: March 26, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-07376 Filed 3-28-13; 8:45 am]
BILLING CODE 7020-02-P