[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Notices]
[Pages 29545-29546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13379]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1162]
Certain Touch-Controlled Mobile Devices, 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 May 22, 2019, under section 337
of the Tariff Act of 1930, as amended, on behalf of Neodron Ltd. of
Dublin, Ireland. The complaint was amended on May 23, 2019. The
complaint, as amended, 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 touch-
controlled mobile devices, computers, and components thereof by reason
of infringement of certain claims of U.S. Patent No. 8,432,173 (``the
'173 patent''); U.S. Patent No. 8,791,910 (``the '910 patent''); U.S.
Patent No. 9,024,790 (``the '790 patent''); and U.S. Patent No.
9,372,580 (``the '580 patent''). The amended complaint further alleges
that an industry in the United States exists as required by the
applicable Federal Statute.
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 amended 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: Katherine Hiner, Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on June 18, 2019, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-19 of the '173 patent; claims 1-37 of the '910 patent; claims
1, 4-8, 10-14, and 16-24 of the '790 patent; and claims 1-12 of the
'580 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``touch-controlled
mobile devices, including smartphone and tablet devices, computers,
including notebook and laptop computers, and associated components
thereof'';
(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: Neodron Ltd., Unit 4-5, Burton Hall Road,
Sandyford, Dublin 18, D18A094 Ireland.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
[[Page 29546]]
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109.
Dell Technologies Inc., One Dell Way, Round Rock, TX 78682.
HP Inc., 1501 Page Mill Road, Palo Alto, CA 94304.
Lenovo Group Ltd., 6 Chuang ye Road, Haidian District, Beijing 100085
China.
Levono (United States) Inc., 1009 Think Place, Building One,
Morrisville, NC 27560.
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.
Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800,
Chicago, IL 60654.
Samsung Electronics Co., Ltd., 129 Samsung-Ro, Maetab-3dong, Yeongtong-
gu, Suwon, 443-742 South Korea.
Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park,
NJ 07660.
(4) 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 be named as a
party to this investigation.
Responses to the amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: June 19, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-13379 Filed 6-21-19; 8:45 am]
BILLING CODE 7020-02-P