[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76024-76025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30617]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-602]
In the Matter of Certain GPS Devices and Products Containing
Same; Enforcement Proceeding; Notice of Institution of Formal
Enforcement Proceeding; Denial of Motion for Sanctions
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 instituted a formal enforcement proceeding relating to
the limited exclusion order and cease-and-desist orders issued at the
conclusion of the above-captioned investigation. The Commission has
also denied a motion for sanctions.
FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of all
nonconfidential 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 the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
SUPPLEMENTARY INFORMATION: The underlying investigation was instituted
on May 7, 2007, based on a complaint filed by Global Locate, Inc., a
subsidiary of Broadcom Corporation (collectively, ``Broadcom''). 72 FR
25777 (2007). The complaint alleged violations 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 global
positioning system (``GPS'') devices and products containing the same
by reason of infringement of various claims of U.S. Patent Nos.
6,704,651 (``the `651 patent''); 6,651,000 (``the `000 patent'');
6,606,346 (``the `346 patent''); 6,937,187 (``the `187 patent'');
6,417,801 (``the `801 patent''); and 7,158,080 (``the `080
[[Page 76025]]
patent''). The complaint in the underlying investigation named as
respondents SiRF Technology, Inc. (``SiRF''), E-TEN Corp. (``E-TEN''),
Pharos Science & Applications, Inc. (``Pharos''), MiTAC International
Corporation (``MiTAC''), and Mio Technology Limited (``Mio'')
(collectively, ``Respondents'').
On January 15, 2009, the Commission found a violation of section
337 by Respondents by reason of infringement of all six asserted
patents. The Commission issued a limited exclusion and cease-and-desist
orders against SiRF, Pharos, and Mio. The remedial orders are directed
to GPS devices and products containing the same that infringe or are
covered by certain claims of the `346, `651, `000, `080, `187, and/or
`801 patents. Respondents subsequently appealed the Commission's final
determination to the United States Court of Appeals for Federal Circuit
(``Federal Circuit''). In a precedential opinion issued April 12, 2010,
the Federal Circuit affirmed the Commission's Final Determination in
all respects.
On August 16, 2010, the Commission instituted modification
proceedings under 19 CFR 210.76 based on a petition for modification
filed by Respondents. At the same time, the Commission denied a
petition for modification filed by Broadcom. The modification
proceedings are currently ongoing.
On October 7, 2010, Broadcom filed a complaint seeking institution
of a formal enforcement proceeding to enforce the limited exclusion
order and cease-and-desist orders against Respondents under Commission
rule 210.75(b), 19 CFR 210.75(b). The enforcement complaint named SiRF,
MiTAC, Mio, Pharos, E-TEN, MiTAC Digitial Corporation (``MiTAC
Digital''), and CSR plc (``CSR'') as proposed enforcement respondents.
Shortly after the enforcement complaint was filed, Broadcom withdrew
its allegations with respect to E-TEN.
On October 22, 2010, the proposed enforcement respondents filed a
motion with the Commission requesting sanctions against Broadcom. The
motion alleges, among other things, that Broadcom's enforcement
complaint does not comply with Commission rule 210.4(c), 19 CFR
210.4(c), regarding representations made to the Commission. On November
3, 2010, Broadcom opposed the motion. On November 9, 2010, the proposed
enforcement respondents filed a motion for leave to reply in support of
their motion for sanctions. The Commission has denied the motion for
sanctions and the motion for leave.
Having examined the complaint seeking a formal enforcement
proceeding, and having found that the complaint complies with the
requirements for institution of a formal enforcement proceeding
contained in Commission rule 210.75, 19 CFR 210.75, the Commission has
determined to institute a formal enforcement proceeding to determine
whether the respondents are in violation of the Commission's limited
exclusion order and cease-and-desist orders issued in the
investigation, and what, if any, enforcement measures are appropriate.
The following entities are named as parties to the formal
enforcement proceeding: (1) Complainant Broadcom, (2) respondents SiRF,
MiTAC, MiTAC Digital, Mio, Pharos, and CSR; and (3) a Commission
investigative attorney to be designated by the Director, Office of
Unfair Import Investigations.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in section 210.75 of the Commission's Rules of Practice and Procedure
(19 CFR 210.75).
By order of the Commission.
Issued: December 1, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-30617 Filed 12-6-10; 8:45 am]
BILLING CODE 7020-02-P