[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Pages 5824-5825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2216]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-758]
In the Matter of Certain Mobile Telephones and Modems; 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 December 28, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Sony Corporation of Japan. 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 mobile telephones and modems by reason of infringement of
certain claims of U.S. Patent No. 6,311,092 (``the `092 patent''); U.S.
Patent No. 5,907,604 (``the `604 patent''); U.S. Patent No. 6,263,205
(``the `205 patent''); U.S. Patent No. 6,507,611 (``the `611 patent'');
U.S. Patent No. 6,674,464 (``the `464 patent''); U.S. Patent No.
7,839,477 (``the `477 patent''); and U.S. Patent No. 6,674,732 (``the
`732 patent''). The 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 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
[[Page 5825]]
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: Mareesa A. Frederick, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2055. 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 complaint, the U.S. International Trade
Commission, on January 27, 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 mobile
telephones and modems that infringe one or more of claims 1 and 2 of
the `092 patent; claims 1 and 8 of the `604 patent; claims 7-10 of the
`205 patent; claims 17, 18, 24, 25, 27, 32-34, 40, 41, 43, and 48 of
the `611 patent; claims 1-3 of the `464 patent; claims 3, 4, 7, and 8
of the `447 patent; and claims 2, 3, 6, and 7 of the `732 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: Sony Corporation, 1-7-1 Konan, Minato-ku,
Tokyo, 108-0075, Japan.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong Yeongdeungpo-
gu, Seoul, 150-721, South Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs,
NJ 07632;
LG Electronics Mobilecomm U.S.A., Inc., 10101 Old Grove Road, San
Diego, CA 92131.
(c) The Commission investigative attorney, party to this
investigation, is Mareesa A. Frederick, 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 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 a 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.
By order of the Commission.
Issued: January 27, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-2216 Filed 2-1-11; 8:45 am]
BILLING CODE 7020-02-P