[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Pages 26373-26374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09510]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1312]


Certain Mobile Electronic Devices; 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 March 30, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of 
Japan. Supplements to the complaint were filed on April 13, 2022, and 
April 14, 2022. 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 mobile electronic devices by reason of 
infringement of certain claims of U.S. Patent No. 7,199,821 (``the '821 
Patent''); U.S. Patent No. 7,324,487 (``the '487 Patent''); U.S. Patent 
No. 8,170,394 (``the '394 Patent''); U.S. Patent No. 8,982,086 (``the 
'086 Patent''); and U.S. Patent No. 10,129,590 (``the '590 Patent''); 
and U.S. Patent No. 10,244,284 (``the '284 Patent''). The 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 a 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 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 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 28, 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, 6, and 7 of the '821 patent; claims 1, 3, and 4 of the '487 
patent; claims 2, 4, 5, 7, and 8 of the '394 patent; claims 1, 2, 4, 6, 
9-13, and 15 of the '086 patent; claims 1, 5, 9, 11-14, 16-22, and 23-
25 of the '590 patent; and claims 1, 3, 4, 7, 9, 10, and 18-20 of the 
'284 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

[[Page 26374]]

products, which defines the scope of the investigation, is ``certain 
mobile electronic devices, i.e., Motorola-branded smartphones'';
    (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:

Maxell, Ltd., 1 Koizumi, Oyamazaki, Oyamazaki-cho, Otokuni-gun, Kyoto, 
618-8525 Japan

    (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:

Lenovo Group Ltd., No. 6 Chuang Ye Road, Haidan District, Shangdi 
Information Industry Base, Bejing 100085, China
Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27650
Motorola Mobility LLC, 600 N U.S. Highway 45, Libertyville, IL 60048.

    (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.
    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 
complainant 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: April 28, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-09510 Filed 5-3-22; 8:45 am]
BILLING CODE 7020-02-P