[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80337-80338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25441]
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INTERNATIONAL TRADE COMMISSION
[Investigation. No. 337-TA-1376]
Certain Electronic Devices, Including Mobile Phones, Tablets,
Laptops, Components Thereof, and Products Containing the Same; Notice
of Institution of Investigation
AGENCY: 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 October 12, 2023, under section
337 of the Tariff Act of 1930, as amended, on behalf of Ericsson AB of
Sweden and Telefonaktiebolaget LM Ericsson of Sweden. Supplements to
the Complaint were filed on October 31, 2023 and November 9, 2023. 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 electronic devices,
including mobile phones, tablets, laptops, components thereof, and
products containing the same by reason of the infringement of certain
claims of U.S. Patent No. 7,151,430 (``the '430 patent''); U.S. Patent
No. 9,509,273 (``the '273 patent''); U.S. Patent No. 9,313,178 (``the
'178 patent''); U.S. Patent No. 11,122,313 (``the '313 patent''); and
U.S. Patent No. 10,972,654 (``the '654 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: Katherine Hiner, The Office of Docket
Services, 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 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 13, 2023, 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 2-8, 11, and 13-18 of the '430 patent; claims 1-4, 7-10, 12-14,
16, and 18 of the '273 patent; claims 1-5 and 16-18 of the '178 patent;
claims 1-4, 6, 11-14, and 16 of the '313 patent; and claims 1, 3, 9,
10, 15, and 16 of the '654 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 phones,
tablet computers, laptop computers, components thereof and products
containing the same'';
(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:
Ericsson AB, Torshamnsgatan 23, Kista, Stockholm, Sweden
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, Stockholm,
Sweden
(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:
Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800,
Chicago, Illinois 60654
Lenovo (United States) Inc., 1009 Think Place, Building One,
Morrisville, NC 27560
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979
King's Road, Quarry Bay, Hong Kong SAR
Lenovo (Shanghai) Electronics, Technology Co., Ltd., Part 304-305,
Building 4, No. 222, Meiyue Road, Pilot Free Trade Zone, Pudong, New
District, Shang Hai Shi, 200131 Shanghai
Lenovo Beijing Co., Limited, 6 Chuang ye Road, Haidian District,
Beijing 100085, China
Lenovo PC HK Limited, 23/F., Lincoln House, Taikoo Place, 979 King's
Road, Hong Kong
Lenovo Information Products, (Shenzhen) Co. Ltd., Fuitan Trade Zone,
ISH2 Building, No. 3, Guanglan Road, 518038 Shenzhen
Motorola (Wuhan) Mobility, Technologies Communication Company, Limited,
19, Gaoxin 4th Road, Donghu New, Technology Development Zone, Hubei,
430205 Wuhan, China
(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 is not participating 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,
[[Page 80338]]
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: November 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-25441 Filed 11-16-23; 8:45 am]
BILLING CODE 7020-02-P