[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68379-68380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27924]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-744]
In the Matter of: Certain Mobile Devices, Associated Software,
and Components Thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 1, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Microsoft Corporation of Redmond, Washington. An amended complaint was
filed on October 12, 2010. The amended 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
[[Page 68380]]
after importation of certain mobile devices, associated software, and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 5,579,517 (``the '517 patent''); U.S. Patent No. 5,758,352
(``the '352 patent''); U.S. Patent No. 6,621,746 (``the '746 patent'');
U.S. Patent No. 6,826,762 (``the '762 patent''); U.S. Patent No.
6,909,910 (``the '910 patent''); U.S. Patent No. 7,644,376 (``the '376
patent''); U.S. Patent No. 5,664,133 (``the '133 patent''); U.S. Patent
No. 6,578,054 (``the '054 patent''); and U.S. Patent No. 6,370,566
(``the '566 patent''). The amended complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
ADDRESSES: The amended 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: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2572.
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 (2010).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on November 1, 2010, 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 mobile
devices, associated software, and components thereof that infringe one
or more of claims 1-4, 22, 26, 31, and 36 of the '517 patent; claims 1,
7, 12, and 20 of the '352 patent; claims 6, 10, 15, 16, 23, and 24 of
the '746 patent; claims 1-9, 15, and 16 of the '762 patent; claims 1-3,
5-8 and 10 of the '910 patent; claims 10-13 of the '376 patent; claims
1, 2, 8, 18, 19, 25, and 35-37 of the '133 patent; claims 11 and 13-15
of the '054 patent; and claims 1, 2, 5, 6, and 9 of the '566 patent,
and whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) 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: Microsoft Corporation, One Microsoft Way,
Redmond, Washington 98052.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Motorola, Inc., 1303 East Algonquin Road, Schaumburg, Illinois 60196.
Motorola Mobility, Inc., 600 North US Highway 45, Libertyville,
Illinois 60048.
(c) The Commission investigative attorney, party to this
investigation, is Juan Cockburn, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
Responses to the amended 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(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 the respondents 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 1, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-27924 Filed 11-4-10; 8:45 am]
BILLING CODE 7020-02-P