[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38361-38362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15236]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-885]
Certain Portable Electronic Communications Devices, Including
Mobile Phones and Components Thereof; Institution of Investigation
Pursuant to United States Code
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 May 23, 2013, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Nokia Corporation of Finland and Nokia Inc., of Sunnyvale, California.
A supplement to the Complaint was filed on June 12, 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 portable electronic
[[Page 38362]]
communications devices, including mobile phones and components thereof,
by reason of infringement of certain claims of U.S. Patent No.
6,035,189 (``the '189 patent''); U.S. Patent No. 6,373,345 (``the '345
patent''); U.S. Patent 6,711,211 (``the '211 patent''); U.S. Patent No.
7,187,945 (``the '945 patent''); U.S. Patent No. 8,140,650 (``the '650
patent''); and U.S. Patent No. 8,363,824 (``the '824 patent''). The
complaint further alleges that an industry in the United States exists
or is in the process of being established as required by subsection
(a)(2) of section 337.
The complainants request 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's
electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Docket Services, U.S. International
Trade Commission, telephone (202) 205-1802.
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 (2013).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 20, 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 portable
electronic communications devices, including mobile phones and
components thereof, by reason of infringement of one or more of claims
8, 10, and 11 of the '189 patent; claims 1-12 of the '345 patent;
claims 26-27, 29-31, 50-53, and 56-57 of the '211 patent; claims 1-7,
12-14, 19, 27, and 31 of the '945 patent; claims 1-8, 10-15, and 17-18
of the '650 patent; and claims 1-4, 7, 11-12, and 17-19 of the '824
patent, and whether an industry in the United States exists or is in
the process of being established 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:
Nokia Corporation, Keilalahdentie 2-4, FIN-00045 Nokia Group, Espoo,
Finland;
Nokia Inc., 200 South Mathilda Avenue, Sunnyvale, CA 94086.
(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 City, Taoyuan County 330,
Taiwan;
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA
98005.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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(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.
Issued: June 21, 2013.
By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-15236 Filed 6-25-13; 8:45 am]
BILLING CODE 7020-02-P