[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Notices]
[Pages 55096-55098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21843]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-892]


Certain Point-to-Point Network Communication Devices and Products 
Containing Same; Institution of Investigation

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 August 1, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19

[[Page 55097]]

U.S.C. 1337, on behalf of Straight Path IP Group, Inc. of Glen Allen, 
Virginia. A letter supplementing the Complaint was filed on August 21, 
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 point-to-
point network communication devices and products containing same by 
reason of infringement of U.S. Patent No. 6,009,469 (``the `469 
patent''); U.S. Patent No. 6,108,704 (``the `704 patent''); and U.S. 
Patent No. 6,131,121 (``the `121 patent''); and 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 complaint 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'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 (2013).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 3, 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 point-to-
point network communication devices and products containing same by 
reason of infringement of one or more of claims 1-3, 9, 10, 17, and 18 
of the `469 patent; claims 1, 11, 12, 19, 22, 23, and 30 of the `704 
patent; and claims 6 and 13 of the `121 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) 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), 
(f)(1), and (g)(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:

Straight Path IP Group, Inc., 5300 Hickory Park Drive, Suite 218, Glen 
Allen, VA 23059.

    (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:

AmTran Logistics, Inc., 9 Goddard, Irvine, CA 92618.
AmTran Technology Co., Ltd., 17f, 268, Lien Cheng Road, 23553 New 
Taipei City, Taiwan.
LG Electronics, Inc., LG Twin Towers, 20, Yeouido-dong, Yeoungdeungpo-
gu, Seoul, 157-721, 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.
Panasonic Corporation, 1006, Oaza Kadoma, Kadoma-shi, Osaka, 571-8501, 
Japan.
Panasonic Corporation of North America, One Panasonic Way, Secaucus, NJ 
07094.
Sharp Corporation, 22-22 Nagaike-cho, Abenko-Ku, Osaka 545-8522, Japan.
Sharp Electronics Corporation, 1 Sharp Plaza, Mahwah, NJ 07495.
Sony Computer Entertainment, Inc., 1-7-1 Konan, Minato-ku, Tokyo 108-
0075, Japan.
Sony Computer Entertainment America Inc., 919 East Hillsdale Boulevard, 
2nd Floor, Foster City, CA 94404.
Sony Computer Entertainment America LLC, 919 East Hillsdale Boulevard, 
2nd Floor, Foster City, CA 94404.
Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan.
Sony Corporation of America, 550 Madison Avenue, Floor 27, New York, NY 
10022-3211.
Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127.
Sony Mobile Communications AB, Nya Vattentornet, Lund, 221 88, Sweden.
Sony Mobile Communications (USA) Inc., 7001 Development Drive, Research 
Triangle Park, NC 27709.
Sony Ericsson Mobile Communications, (USA) Inc., 333 Piedmont Road NE., 
Suite 600, Atlanta, GA 30305-1811.
Toshiba Corporation, 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, 
Japan.
Toshiba America Inc., 1251 Avenue of the Americas, New York, NY 10020.
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, 
Irvine, CA 92618-1697.
Vizio, Inc., 39 Tesla, Irvine, CA 92618.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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(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

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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: September 4, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-21843 Filed 9-6-13; 8:45 am]
BILLING CODE 7020-02-P