[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Pages 15340-15341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6505]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-602]
In the Matter of Certain GPS Devices and Products Containing
Same; Notice of Commission Determination To Rescind a Limited Exclusion
Order and Cease and Desist Orders
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 to rescind the limited exclusion order and
cease and desist orders issued in the above-captioned investigation
based on a settlement agreement.
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 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 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 GPS devices
and products containing the same by reason of infringement of various
claims of U.S. Patents. The complaint in the underlying investigation
named various respondents. On January 15, 2009, the Commission found a
violation of section 337 by the respondents by reason of infringement
of all asserted patents. The Commission issued a limited exclusion
order and also cease-and-desist orders against certain respondents.
Respondents subsequently appealed the Commission's final determination
to the United States Court of Appeals for Federal Circuit (``Federal
Circuit''). On April 12, 2010, the Federal Circuit affirmed the
Commission's Final Determination in all respects. See SiRF Tech., Inc.
v. Int'l Trade Comm'n, 601 F.3d 1319 (Fed. Cir. 2010).
On August 16, 2010, the Commission instituted modification
proceedings based on a petition seeking modification of the
Commission's remedial orders filed by the respondents. On December 7,
2010, the Commission also instituted enforcement proceedings based on
an enforcement complaint filed by Broadcom. These proceedings were
terminated on February 28, 2011, based on a settlement agreement
between Broadcom and the respondents.
On January 31, 2011, Broadcom and the respondents filed a joint
motion for rescission of the remedial orders pursuant to the settlement
agreement.
The Commission has determined that the settlement agreement
satisfies the requirement of Commission Rule 210.76 (a)(1) (19 CFR
210.76(a)(1)) that there be changed conditions of fact or law. The
Commission therefore has issued an order rescinding the limited
exclusion order and cease and desist orders previously issued in this
investigation.
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 210.76(a)(1) of the Commission's Rules of Practice and
Procedure (19 CFR 210.76(a)(1)).
Issued: March 15, 2011.
[[Page 15341]]
By order of the Commission.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-6505 Filed 3-18-11; 8:45 am]
BILLING CODE 7020-02-P