[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Notices]
[Pages 10386-10387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03882]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1301]


Certain Mobile Phones and Tablet Computers, All With Switchable 
Connectivity Institution of Investigation; Institution of Investigation 
Pursuant to 19 U.S.C. 1337

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 18, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ericsson Inc. 
of Plano, Texas and Telefonaktiebolaget LM Ericsson of Sweden. 
Supplements were filed on February 7, 2022. 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 mobile phones and tablet computers, all 
with switchable connectivity, and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 8,792,454 (the '454 
patent); U.S. Patent No. 10,880,794 (``the '794 patent''); and U.S. 
Patent No. 8,472,999 (``the '999 patent). The complaint further alleges 
that an industry in the United States exists 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 order.

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 Proctor, 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 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 17, 2022, 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, 6, and 8 of the '454 patent; claims 11-20 of the '794 
patent; and claims 11-19 of the '999 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 ``Apple mobile phones 
and tablet computers, all with switchable connectivity'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or 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. l337(d)(l), 
(f)(1), (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: Ericsson Inc., 6300 Legacy Drive, Plano, 
TX 75024, Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, 
SE-164 83 Stockholm, Sweden.
    (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., One Apple Park Way, Cupertino, California 
95014;
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade

[[Page 10387]]

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 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), 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/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: February 17, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-03882 Filed 2-23-22; 8:45 am]
BILLING CODE 7020-02-P