[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Pages 44282-44283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18518]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-703]
In the Matter of Certain Mobile Telephones and Wireless
Communication Devices Featuring Digital Cameras, and Components
Thereof; Notice of Commission Determination To Review Initial
Determination
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review the June 22, 2010, initial
determination on claim construction (``ID'') issued by the presiding
administrative law judge (``ALJ'') in the above-captioned investigation
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337'').
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential documents filed in connection with this investigation are
or will be 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., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server
(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. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: This investigation was instituted on
February 23, 2010, based upon a complaint filed on behalf of Eastman
Kodak Company of Rochester, New York on January 14, 2010, and
supplemented on February 4, 2010. 75 FR 8112. The complaint alleged
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain mobile
telephones and wireless communication devices featuring digital
cameras, and components thereof, that infringe certain claims of U.S.
Patent No. 6,292,218. The complaint named as respondents Apple, Inc.,
of Cupertino, Calif.; Research in Motion, Ltd., of Ontario, Canada; and
Research in Motion Corp., of Irving, Texas.
On June 22, 2010, the ALJ issued the subject ID. All parties have
petitioned for review of various portions of the ID.
The Commission has determined to review the subject ID in its
entirety, and to solicit briefing with respect to the issues on review.
The Commission is particularly interested in briefing on the question
of the legal authority for addressing the issue of claim construction
as a matter for summary determination and treating the claim
construction ruling as an initial determination under the Commission's
rules of practice and procedure as currently written. In this
connection, the parties are requested to respond to the following
hypothetical analysis:
As used in rule 210.18(a), the term ``issues to be determined in
the investigation'' can be viewed as limited to claims and affirmative
defenses; a ``part'' of such an issue includes an element (or subpart
thereof) of a claim or affirmative defense. Thus, the following could
be a non-exhaustive list of examples of issues or parts thereof that
are covered by rule 210.18(a): violation, importation, infringement,
domestic industry (technical or economic prong), invalidity on any
basis (such as anticipation or obviousness), unenforceability. Claim
construction may be a necessary underpinning to the resolution of
certain issues or elements, and may be part of a summary determination
that addresses an issue or element. On its own, however, claim
construction might not be viewed as constituting such an issue or
element.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues under review. The submissions
should be concise and thoroughly referenced to the record in this
investigation, including references to exhibits and testimony. The
written submissions must be filed no later than the close of business
on August 5, 2010. Reply submissions must be filed no later than the
close of business on August 16, 2010. No further submissions will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file with the Office of the
Secretary the original and 12 true copies thereof on or before the
deadlines stated above. Any person desiring to submit a document (or
portion thereof) to the Commission in confidence must request
confidential treatment unless the
[[Page 44283]]
information has already been granted such treatment during the
proceedings. All such requests should be directed to the Secretary of
the Commission and must include a full statement of the reasons why the
Commission should grant such treatment. See 19 CFR 201.6. Documents for
which confidential treatment is granted by the Commission will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and under sections
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR
210.42-.46).
By order of the Commission.
Issued: July 22, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-18518 Filed 7-27-10; 8:45 am]
BILLING CODE 7020-02-P