[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Notices]
[Pages 24051-24052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10348]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-771]
In the Matter of Certain Electronic Devices, Including Mobile
Phones, Mobile Tablets, Portable Music Players, and Computers, and
Components Thereof; Notice of Institution of Investigation
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 March 28, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Nokia Corporation of Finland, Nokia Inc. of White Plains, New York, and
Intellisync Corporation of White Plains, New York. 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
mobile phones, mobile tablets, portable music players, and computers,
and components thereof by reason of infringement of certain claims of
U.S. Patent No. 7,209,911 (``the `911 patent''); U.S. Patent No.
6,212,529 (``the `529 patent''); U.S. Patent No. 6,141,664 (``the `664
patent''); U.S. Patent No. 7,558,696 (``the `696 patent''); U.S. Patent
No. 6,445,932 (``the `932 patent''); U.S. Patent No. 5,898,740 (``the
`740 patent''); and U.S. Patent No. 7,319,874 (``the `874 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 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 (2011).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 25, 2011, 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 mobile phones, mobile tablets, portable music
players, and computers, and components thereof that infringe one or
more of claims 1, 2,
[[Page 24052]]
5, 6, and 9-14 of the `911 patent; claims 1, 21, 25-27, 51, and 52 of
the `529 patent; claims 3, 4, 21, 26, 28, 38, 43, 44, 61, 67, 68, 77,
and 78 of the `664 patent; claims 1, 3, 5, 9, 11-14, 16, 18, 19, 21-23,
and 25 of the `696 patent; claims 1-3, 5, 9, and 15 of the `932 patent;
claims 1, 2, 5, and 6 of the `740 patent; and claims 1-6, 8-15, and 21
of the `874 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) 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:
Nokia Corporation, Keilalahdentie 4, (P.O. Box 226), FIN-00045 Nokia
Group, Espoo, Finland.
Nokia Inc., 102 Corporate Park Drive, White Plains, NY 10604.
Intellisync Corporation, 102 Corporate Park Drive, White Plains, NY
10604.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.
(c) The 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 complaint and the notice of investigation must be
submitted by the named respondent 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 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: April 25, 2011.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2011-10348 Filed 4-28-11; 8:45 am]
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