[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7305-7306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01604]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1240]


Certain UMTS and LTE Cellular Communication Modules and Products 
Containing the 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 December 17, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Koninklijke 
Philips N.V. of the Netherlands and Philips RS North America LLC (f/k/a 
Respironics, Inc.) of Pittsburgh, Pennsylvania. A supplement to the 
complaint was filed January 6, 2021. The complaint, as supplemented, 
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 UMTS and LTE cellular communication 
modules and products containing the same by reason of infringement of 
certain claims of U.S. Patent No. 7,831,271 (``the '271 patent''); U.S. 
Patent No. 8,199,711 (``the '711 patent''); U.S. Patent No. 7,554,943 
(``the '943 patent''); and U.S. Patent No. 7,944,935 (``the '935 
patent''). The complaint further alleges that an industry in the United 
States exists and/or is in the process of being established 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 complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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.

FOR FURTHER INFORMATION CONTACT:  Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 19, 2021, 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 1-4, 9-12 and 17 of the '935 patent; claims 12 and 15 of the 
'943 patent; claims 9 and 12 of the '711 patent; claims 1-8 of the '271 
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 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 ``UMTS and LTE 
cellular communication modules of Thales (Gemalto/Cinterion), Telit and 
Quectel, and machine to machine (M2M) cellular communication devices 
(i.e., gateways, routers, trackers, monitors, readers, controllers, and 
M2M cellular connected sensor products) that incorporate such UMTS and 
LTE cellular communication modules of Thales (Gemalto/Cinterion), Telit 
and Quectel;''
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 201.50(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 facts and a 
recommended determination on this

[[Page 7306]]

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);
    (4) 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 complainants are:

Koninklijke Philips N.V., High Tech Campus 52, 5656 AG Eindhoven, 
Netherlands

Philips RS North America LLC, 6501 Living Place, Pittsburgh, PA 15206

    (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:

Thales DIS AIS USA, LLC, 310 120th Avenue NE, Unit A/100, Bellevue, 
Washington, 98005

Thales DIS AIS Deutschland GmbH, Werinherstra[szlig]e 81, M[uuml]nchen, 
Bayern 81541, Germany

Thales USA, Inc., 2733 Crystal Drive, Suite 120, Arlington, VA 22202

Thales S.A., Tour Carpe Diem, 31 Place Place des Corolles--CS 20001, 
92098 Paris La Defense Cedex, Paris, France

Telit Wireless Solutions, Inc., 5425 Page Road, Suite 120, Durham, 
North Carolina 27703-7009

Telit Communications PLC, 78 Cannon Street, Cannon Place, London, EC4N 
6AF, United Kingdom

Quectel Wireless Solutions Co., Ltd., Building 5, Shanghai Business 
Park, Phase III (Area B), No.1016 Tianlin Road, Minhang District, 
Shanghai 200233 China

CalAmp Corp., 15635 Alton Parkway, Suite 250, Irvine, California 92618

Xirgo Technologies, LLC, 188 Camino Ruiz, 2nd Floor, Camarillo, 
California 93012

Laird Connectivity, Inc., 50 South Main Street, Akron, Ohio 44308

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainants 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 
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 19, 2021.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2021-01604 Filed 1-26-21; 8:45 am]
BILLING CODE 7020-02-P