[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10502-10503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4791]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-667; Investigation No. 337-TA-673]
In the Matter of Certain Electronic Devices, Including Handheld
Wireless Communications Devices; Notice of Commission Determination Not
To Review an Initial Determination Terminating the Investigations in
Their Entirety
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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 55C) in
consolidated Inv. Nos. 337-TA-667 and 337-TA-673, Certain Electronic
Devices Including Handheld Wireless Communications Devices, granting a
motion to terminate the consolidated investigations in their entirety
on the basis of settlement agreements.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2301. 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 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. 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: The Commission instituted Inv. No. 337-TA-
667 (``the 667 Investigation'') on January 23, 2009, based on a
complaint filed by Saxon Innovation, LLC of Tyler, Texas (``Saxon'').
74 FR 4231. The complaint, as amended and supplemented, alleges
violations of section 337 of the Tariff Act of 1930, as amended, 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 electronic devices, including handheld wireless communications
devices, by reason of infringement of certain claims of U.S. Patent
Nos. 5,235,635 (``the `635 patent''); 5,530,597 (``the `597 patent'');
and 5,608,873 (``the `873 patent''). The complaint further alleges the
existence of a domestic industry related to each patent. The
Commission's notice of investigation named various respondents,
including Nokia Corporation of Espoo, Finland and Nokia Inc. of Irving,
Texas (collectively ``Nokia''); High Tech Computer Corp. of Taoyuan,
Taiwan and HTC America, Inc. of Bellevue, Washington (collectively
``HTC''); Research In Motion Ltd. of Waterloo, Ontario and Research In
Motion Corp. of Irving, Texas (collectively ``RIM''); and Palm, Inc. of
Sunnyvale, California (``Palm'').
The Commission instituted Inv. No. 337-TA-673 (``the 673
Investigation'') on March 31, 2009, based on a complaint filed by
Saxon. 74 FR 14578-9. The complaint, as amended and supplemented,
alleges violations of section 337 of the Tariff Act of 1930, as
amended, 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 electronic devices, including handheld wireless
communications devices by reason of infringement of certain claims of
the `635 patent, the `597 patent, and the `873 patent. The complaint
further alleges the existence of a domestic industry related to each
patent. The Commission's notice of investigation named as respondents
Samsung Electronics Co., Ltd. of Seoul, Korea; Samsung Electronics
America, Inc. of Ridgefield Park, New Jersey; and Samsung
Telecommunications America, LLP of Richardson, Texas (collectively
``Samsung'').
On April 23, 2009, the ALJ issued Order No. 28 in the 667
investigation and Order No. 8 in the 673 investigation, consolidating
the investigations. On May 13, 2009, the Commission determined not to
review this consolidation.
On April 28, 2009, the Commission determined not to review an ID
granting a joint motion filed by Saxon and HTC to terminate the 667
investigation as to respondent HTC. On July 13, 2009, the Commission
determined not to review an ID granting a joint motion filed by Saxon
and Nokia to terminate the consolidated investigations as to respondent
Nokia. On October 22, 2009, the Commission determined not to review an
ID granting a joint motion filed by Saxon and RIM to terminate the
investigations as to respondent RIM. All
[[Page 10503]]
terminations were granted pursuant to Commission Rule 210.21(b) (19 CFR
210.21(b)).
On January 29, 2010 Saxon and respondents Samsung and Palm jointly
moved to terminate the consolidated investigations in their entirety
based upon settlement agreements between the remaining parties in the
investigation. On February 4, 2010, the Commission investigative
attorney filed a response in support of the motion. On February 12,
2010, the ALJ issued the subject ID, granting the joint motion to
terminate the investigations in their entirety pursuant to Commission
Rule 210.21(b). No petitions for review were filed.
The Commission has determined not to review the ID.
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 210.42 of the Commission's Rules of Practice and Procedure
(19 CFR 210.42).
By order of the Commission.
Issued: March 2, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-4791 Filed 3-5-10; 8:45 am]
BILLING CODE 7020-02-P