[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9370-9371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02876]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1247]


Certain Wireless Communications Equipment 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 January 7, 2021, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Samsung 
Electronics Co., Ltd. of Korea and Samsung Electronics America, Inc. of 
Ridgefield Park, New Jersey. A supplement to the complaint was filed on 
January 25, 2021. The

[[Page 9371]]

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 
wireless communications equipment and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 9,041,074 (``the '074 
patent''); U.S. Patent No. 9,521,616 (``the '616 patent''); U.S. Patent 
No. 9,736,772 (``the '772 patent''); and U.S. Patent No. 10,797,405 
(``the '405 patent''). The complaint further alleges that an industry 
in the United States exists or in the process of being established as 
required by the applicable Federal Statute. The complainants request 
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: 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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 8, 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 1-6 and 11-17 of the '074 patent; claims 1-5, 8-16, 19-24, 26, 
29-37, 40, and 42 of the '616 patent; claims 1-15 of the '772 patent; 
and claims 1-20 of the '405 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 ``wireless 
communications devices or software for use with 4G and 5G applications 
and components thereof, specifically base stations, base band units, 
antenna units, antenna systems, radio units, radio systems, mobile 
transport systems, site systems, digital units, CPU units, modem units, 
central units, power amplifiers, or related software; radio access 
network software; network management software; cloud radio access 
networks; virtual radio access networks; or radio access processing 
platforms'';
    (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 complainants are:

Samsung Electronics Co., Ltd., 129 Samsung ro (Maetan-dong), Yeongtong-
gu Suwon-si, Gyeonggi-do 16677 Korea
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, 
NJ 07660

    (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:

Ericsson AB, Torshamnsgatan 23, Kista, 16480 Stockholm, Sweden
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, SE-164 83 
Stockholm, Sweden
Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024

    (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 participate as 
a party to this investigation.
    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: February 8, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-02876 Filed 2-11-21; 8:45 am]
BILLING CODE 7020-02-P