[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Notices]
[Pages 80568-80569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28408]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1347]


Institution of Investigation; Certain Location-Sharing Systems, 
Related Software, Components Thereof, and Products Containing Same

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 November 16, 2022, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Advanced Ground 
Information Systems, Inc. of Jupiter, Florida and AGIS Software 
Development LLC of Marshall, Texas. The complaint was supplemented on 
December 13, 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 location-sharing systems, related software, 
components thereof, and products containing same by reason of the 
infringement of certain claims of U.S. Patent No. 8,213,970 (``the '970 
patent''); U.S. Patent No. 9,467,838 (``the '838 patent''); U.S. Patent 
No. 9,445,251 (``the '251 patent''); U.S. Patent No. 9,749,829 (``the 
'829 patent''); and U.S. Patent No. 9,820,123 (``the '123 patent''). 
The complaints further allege 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 
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 December 22, 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 2 and 10-13 of the '970 patent; claims 1, 3, 5-10, 16, 19, 25, 
38, 40, 54-56, 61-64, 68, 71, 72, 80 and 84 of the '838 patent; claims 
1, 2, 5, 7, 8, 23-25, 28-31, and 35 of the '251 patent; claims 1, 8, 
34, 35, 41, and 68 of the '829 patent; claims 14 and 36-38 of the '123 
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 ``mobile devices 
containing location-sharing software, mobile phones and tablets 
containing location-sharing software, notebook and laptop computers 
containing location-

[[Page 80569]]

sharing software, and associated components thereof'';
    (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. 1337(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:

Advanced Ground Information Systems, Inc., 92 Lighthouse Dr., Jupiter, 
FL 33469
AGIS Software Development LLC, 100 West Houston Street, Marshall, TX 
75671

    (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:

Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043
Samsung Electronics, Co., Ltd., 12 Samsung-Ro, Maetan-3dong, Yeongtong-
gu, Suwon, 443-742, Republic of Korea
Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, 
New Jersey 07660
OnePlus Technology (Shenzhen) Co., Ltd., 18F, Tairan Building, Block C, 
Tairan 8th Road, Chgongmiao, Futian District, Shenzhen, Guangdong 
518040, China
TCL Technology Group Corporation, 22/F, TCL Technology, Building, No. 
17, Huifeng 3rd Road, Zhongkai High-Tech Development District, Huizhou, 
Guangdong, China 516006
TCL Electronics Holdings Limited, 7th Floor, Building 22E, 22 Science 
Park East Avenue, Hong Kong Science Park, Hong Kong
TCL Communication Technology Holdings, Limited, 5/F, Building 22E, 22 
Science Park East Avenue, Hong Kong Science Park, Shatin, New 
Territories, Hong Kong
TCT Mobile (US) Inc., 25 Edelman, Suite 200, Irvine, CA 92618
Lenovo Group Ltd., 6 Chuang ye Road, Haidian District, Beijing 100085, 
China
Lenovo (United States) Inc., 1009 Think Place, Building One, 
Morrisville, NC 27560
Motorola Mobility LLC, 222 W Merchandise Mart Plaza, Suite 1800, 
Chicago, IL 60654
HMD Global, Karaportti 2, FIN-02610, Espoo, Finland
HMD Global OY, Bertel Jungin aukio 9, 02600, Espoo, Finland
HMD America, Inc., 1200 Brickell Ave., Suite 510, Miami, FL 33131
Sony Corporation, 1-7-1 Konan Minato-ku, Tokyo, 108-0075, Japan
Sony Mobile Communications, Inc., 4-12-3 Higashi-Shinagawa, Shinagawa-
ku, Tokyo, 140-0002, Japan
ASUSTek Computer Inc., No. 15, Li-Te Rd., Beitou Dist., Taipei 112, 
Taiwan
ASUS Computer International, 48720 Kato Rd., Fremont, CA 94538
BLU Products, 10814 NW 33rd Street, Doral, FL 33172
Panasonic Corporation, 1006 Oaza Kadoma-shi, Kadoma 571-8501, Osaka, 
Japan
Panasonic Corporation of North America, 1 Panasonic Way, Secaucus, New 
Jersey 07094
Kyocera Corporation, 6 Takeda Tobadono-cho, Fushmi-ku, Kyoto, Japan 
612-8501
Xiaomi Corporation, Maples Corporate Services Limited, P.O. Box 309, 
Ugland House, Grand Cayman, KY1-1104, Cayman Islands
Xiaomi H.K. Ltd., Unit 806, Tower 2 8/F, Cheung Sha Wan Plaza, 833 
Cheung Sha Wan Road, Kowloon City, Hong Kong
Xiaomi Communications Co., Ltd., Xiaomi Office Building, 68 Qinghe 
Middle Street, Haidian District, Beijing, China 100085
Xiaomi Inc., Xiaomi Office Building, 68 Qinghe Middle Street, Haidian 
District, Beijing, China 100085

    (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, as supplemented, and the notice of 
institution 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: December 22, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-28408 Filed 12-29-22; 8:45 am]
BILLING CODE 7020-02-P