[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51445-51446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17975]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1324]


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 June 16, 2022, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of 
Japan. A supplement to the complaint was filed on June 30, 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 the 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''); 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 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 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 16, 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, 16-25 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 products, 
which defines the scope of the investigation, is ``certain mobile 
electronic devices, i.e., Lenovo- and 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, Beijing 100085, China

[[Page 51446]]

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.
    Without prejudice to the CALJ's independent determination as to 
whether to consolidate the present investigation with Certain Mobile 
Electronic Devices, Inv. No. 337-1312, the present investigation should 
serve as the lead investigation if the investigations are consolidated.
    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 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: August 16, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-17975 Filed 8-19-22; 8:45 am]
BILLING CODE 7020-02-P