[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Notices]
[Pages 8626-8627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01854]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1038]


Certain Electronic Devices, Including Mobile Phones, Tablet 
Computers, and Components Thereof; 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 December 22, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Nokia Technologies Oy of Espoo, Finland. Supplements to the complaint 
were filed on January 3 and 4, 2017. 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 electronic devices, including mobile phones, 
tablet computers, and components thereof by reason of infringement of 
U.S. Patent No. 7,415,247 (``the '247 patent''); U.S. Patent No. 
9,270,301 (``the '301 patent''); U.S. Patent No. 6,393,260 (``the '260 
patent''); U.S. Patent No. 8,036,619 (``the '619 patent''); U.S. Patent 
No. 6,826,391 (``the '391 patent''); U.S. Patent No. 6,480,700 (``the 
'700 patent''); U.S. Patent No. 9,473,602 (``the '602 patent''); and 
U.S. Patent No. 7,653,366 (``the '366 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 a cease and desist order.

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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://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 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 23, 2017, 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 electronic 
devices, including mobile phones, tablet computers, and components 
thereof by reason of infringement of one or more of claims 18, 19, 21, 
and 23 of the '247 patent; claims 1-11, 13-41, and 43-122 of the '301 
patent; claims 6, 8, 10, and 11 of the '260 patent; claims 1, 3-7, 9-
12, 18-21, 23, 24, 31, 37, 38, 46-51, 53, 54, 58-61, 68-74, 76-80, 82, 
and 83 of the '619 patent; claims 1-14, 16-21, 23, and 24 of the '391 
patent; claims 1-6, 10, and 16 of the '700 patent; claims 1, 6-15, 17, 
18, 22, and 27-36 of the '602 patent; and claims 1, 2, 4-7, 11-14, 17-
21, and 23 of the '366 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: Nokia Technologies Oy, Karaportti 3, FIN-
02610, Espoo, Finland.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Apple Inc., a/k/a Apple Computer, Inc., 1 Infinite Loop, 
Cupertino, CA 95014.
    (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.
    Notwithstanding any Commission Rules to the contrary, which are 
hereby waived, the presiding Administrative Law Judge may, by order, 
sever part of this investigation so as to create two or more smaller 
investigations. If the presiding Administrative Law Judge severs part 
of the investigation, the Chief Administrative Law Judge, in his 
discretion, may reassign the original and/or the severed investigations 
to different presiding Administrative Law Judges. If the investigation 
is severed,

[[Page 8627]]

the presiding Administrative Law Judge may set a target date of up to 
18 months for the original and the severed investigations by order. The 
public interest delegation in paragraph (2) above shall apply to the 
original and any severed investigations. The Office of Unfair Import 
Investigations shall inform the Chief Administrative Law Judge and the 
Office of Docket Services of the new investigation number for any 
severed investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent 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 the 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: January 24, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-01854 Filed 1-26-17; 8:45 am]
 BILLING CODE 7020-02-P