[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Notices]
[Pages 62465-62466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24638]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-884]


Certain Consumer Electronics With Display and Processing 
Capabilities; Commission Determination Not to Review an Initial 
Determination Granting Intervenor Status to Google, Inc.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 6) 
granting Google Inc.'s (``Google'') motion to intervene in the above-
captioned investigation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on August 21, 2014, based on a Complaint filed by Enterprise Systems 
Technologies S.a.r.l. of Luxembourg (``Enterprise''). 79 FR 49537-38 
(Aug. 21, 2014). The Complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of communications or computing devices 
and components thereof by reason of infringement of certain claims of 
U.S. Patent Nos. 5,870,610 (``the '610 patent''); 6,594,366; 6,691,302 
(``the '302 patent''); and 7,454,201 (``the '201 patent''). The 
Complaint further alleges the existence of a domestic industry. The 
Commission's Notice of Investigation named several respondents, 
including HTC Corporation of Taoyuan, Taiwan and HTC America, Inc. of 
Bellevue, Washington (collectively ``HTC''); LG Electronics, Inc. of 
Seoul, Republic of Korea, LG Electronics U.S.A., Inc. of Englewood 
Cliffs, New Jersey, and LG Electronics MobileComm U.S.A., Inc. of San 
Diego, California (collectively ``LG''); and Samsung Electronics Co., 
Ltd of Seoul, Republic of Korea, Samsung Electronics America, Inc. of 
Ridgefield Park, New Jersey, and Samsung Telecommunications America, 
L.L.C. of Richardson, Texas (collectively ``Samsung''). The Office of 
Unfair Import Investigations was also named as a party to the 
investigation.
    On August 28, 2014, Google moved to intervene in the investigation 
with respect to the '302, '610, and '201

[[Page 62466]]

patents. The motion noted that none of the named respondents opposed 
Google's proposed intervention. On September 3, 2014, Enterprise filed 
a response to Google's motion, indicating that it does not oppose the 
motion given Google's assurance that it will not object to or oppose 
any discovery sought by Enterprise on the basis of intervenor status 
and on the condition that Google participate fully in discovery as if 
it were a named respondent. On September 8, 2014, the Commission 
investigative attorney filed a response indicating no opposition to 
Google's motion.
    On September 9, 2014, the ALJ issued the subject ID, granting 
intervenor status to Google pursuant to section 210.19 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.19). The ALJ 
found that Google's motion is timely and that Google has an interest in 
the investigation because Google products and services are identified 
in the Complaint in connection with the accused devices of HTC, LG, and 
Samsung. The ALJ also noted that the interests of those respondents 
will be centered on their own respective accused devices rather than on 
the particularities of the Android platform or Google's proprietary 
products and services. The ALJ found, therefore, that denying Google 
the opportunity to intervene could impair or impede Google's ability to 
protect its interest which would not be adequately represented by the 
existing parties. The ALJ further found no evidence that Google's 
intervention will unduly delay or prejudice the adjudication of the 
original parties' rights.
    No petitions for review of the subject ID were filed.
    The Commission has determined not to review the ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 10, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-24638 Filed 10-16-14; 8:45 am]
BILLING CODE 7020-02-P