[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Notices]
[Pages 4173-4174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01393]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-905]


Certain Wireless Devices, Including Mobile Phones and Tablets II 
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 December 18, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Pragmatus Mobile, LLC of Alexandria, Virginia. Letters supplementing 
the complaint were filed on January 2 and 8, 2014. 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 wireless devices, including mobile 
phones and tablets by reason of infringement of U.S. Patent No. 
8,149,124 (``the '124 patent'') and U.S. Patent No. 8,466,795 (``the 
'795 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 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 January 17, 2014, 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 wireless 
devices, including mobile phones and tablets by reason of infringement 
of one or more of claims 1-5, 7-17, and 19-21 of the '124 patent and 
claims 1-33 of the '795 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), 
(f)(1), (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:

Pragmatus Mobile, LLC, 601 King Street, Suite 200, Alexandria, VA 22314

    (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:

Nokia Corporation (Nokia Oyj), Keilalahdentie 2-4, F1-02150 Espoo, 
Finland
Nokia, Inc., 200 South Mathilda Avenue, Sunnyvale, CA 94086
Samsung Electronics Co., Ltd, 1320-10, Seocho 2-dong Seocho-gu, Seoul, 
Republic of Korea
Samsung Electronics America, Inc., 105 Challenger Rd., Ridgefield Park, 
NJ 07660
Samsung Telecommunications America, L.L.C., 1301 East Lookout Drive, 
Richardson, TX 75082
Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan
Sony Mobile Communications AB, S[ouml]lvegatan 51, 223 62 Lund, Sweden
Sony Mobile Communications (USA), Inc., 3333 Piedmont Rd Ne 
600, Atlanta, GA 30305
ZTE Corporation, ZTE Plaza, No. 55, Hi-Tech Road South Hi-Tech 
Industrial Park, Shenzen 518057, Guangdong, China
ZTE (USA) Inc., 2425 N. Central Expressway 323, Richardson, 
Texas 75080
    (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

[[Page 4174]]

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.

    Dated: January 17, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-01393 Filed 1-23-14; 8:45 am]
BILLING CODE 7020-02-P