[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1247-1248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00149]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-862]
Certain Electronic Devices, Including Wireless Communication
Devices, Tablet Computers, Media Players, and Televisions, and
Components Thereof; Institution of Investigation Pursuant to United
States Code
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 30, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of
Stockholm, Sweden. Letters supplementing the complaint were filed on
December 3, December 12, and December 19, 2012. 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 wireless
communication devices, tablet computers, media players, and
televisions, and components thereof by reason of infringement of
certain claims of U.S. Patent No. 6,029,052 (``the `052 patent''); U.S.
Patent No. 6,058,359 (``the `359 patent''); U.S. Patent No. 6,278,888
(``the `888 patent''); U.S. Patent No. 6,301,556 (``the `556 patent'');
U.S. Patent No. 6,418,310 (``the `310 patent''); U.S. Patent No.
6,445,917 (``the `917 patent''); U.S. Patent No. 6,473,506 (``the `506
patent''); U.S. Patent No. 6,519,223 (``the `223 patent''); U.S. Patent
No. 6,624,832 (``the `832 patent''); U.S. Patent No. 6,772,215 (``the
`215 patent''); and U.S. Patent No. 8,169,992 (``the `992 patent'').
The complaint further alleges that an industry in the United States
exists or is in the process of being established as required by
subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an
[[Page 1248]]
exclusion order and a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Room 112,
Washington, DC 20436, telephone (202) 205-2000. 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 http://www.usitc.gov.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 2, 2013, 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 electronic
devices, including wireless communication devices, tablet computers,
media players, and televisions, and components thereof that infringe
one or more of claims 1-3, 5, 8, 11, 13, 14, and 18 of the `052 patent;
claims 28-33, 36, 37, 39-43, 46, 47, 50, 51, and 54 of the `359 patent;
claim 30 of the `888 patent; claims 1-3, 8, 10, 19, 20, 23, 24, 26-33,
38, 40, 50, 53-55, 57, and 62-68 of the `556 patent; 1, 4, 6, 9-13, and
16-20 of the `310 patent; claims 1, 24-26, 28, 30, and 54 of the `917
patent; claims 1, 4, 6, 7, 17, 20, 22, and 23 of the `506 patent;
claims 1-3, 11-14, 19, 21, 22, and 30-32 of the `223 patent, claims 1,
4, 9, 10, and 12 of the `832 patent; claims 1, 2, 4, 6, 8, 15, 22, 25,
26, 29, 32, 34, 45, 46, 49, 52, and 54 of the `215 patent; claims 1, 3,
5-8, and 10-15 of the `992 patent, and whether an industry in the
United States exists or is in the process of being established as
required by subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and 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, 19 U.S.C. 1337(d)(1), (f)(1),
(g)(1);
(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 Inc., 6300 Legacy Drive, Plano, TX 75024;
Telefonaktiebolaget LM Ericcson, Torshamsgatan 23, Kista, 164 83
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:
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park,
NJ 07660.
Samsung Telecommunications America LLC, 1301 East Lookout Drive,
Richardson, TX 75082.
Samsung Electronics Co., Ltd., Samsung Electronics Building, 1320-10,
Seocho 2-dong, Seocho-gu, Seoul 137-857, Republic of Korea.
(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 CFR201.16(d)-(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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.
Issued: January 3, 2013.
By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-00149 Filed 1-7-13; 8:45 am]
BILLING CODE 7020-02-P