Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8399 

Summary of the Proposed Information 

Collection 

In its FY 2010 Performance Plan 

(available on the agency’s Internet 

server at http://www.usitc.gov/ 

press_room/documents/ 

budget_2010.pdf), the Commission set 

itself the goal of obtaining feedback on 

the effectiveness of its exclusion orders 

issued under 19 U.S.C. 1337. The 

proposed survey is directed to entities 

that have obtained an outstanding 

exclusion order, and asks each such 

entity that responds to the survey to: (i) 

Evaluate whether the exclusion order 

has prevented the importation of items 

covered by the order; (ii) if not, estimate 

what are the absolute value and effect in 

the United States market of such 

imports; and (iii) indicate what 

experience it has had in policing the 

exclusion order, particularly with 

respect to any investigatory efforts and 

any interactions with U.S. Customs and 

Border Protection. 

Responses to the survey are voluntary. 

The Commission estimates that the 

survey will require less than one hour 

to complete. 

By order of the Commission. 

February 19, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–3749 Filed 2–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–704] 

In the Matter of Certain Mobile 

Communications and Computer 

Devices and Components Thereof; 

Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

January 15, 2010, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Apple Inc., 

f/k/a Apple Computer, Inc. of 

Cupertino, California. 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 

communications and computer devices 

and components thereof by reason of 

infringement of certain claims of U.S. 

Patent Nos. 5,379,431; 5,455,599; 

5,519,867; 5,915,131; 5,920,726; 

5,969,705; 6,343,263; 6,424,354; and RE 

39,486. 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 

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: 

Daniel L. Girdwood, Esq., Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 

telephone (202) 708–4708. 

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 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

February 17, 2010, 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 

communications or computer devices or 

components thereof that infringe one or 

more of claims 1, 2, 4, 5, 11–15, and 27– 

31 of U.S. Patent No. 5,379,431; claims 

1–3, 6–10, 12, and 14 of U.S. Patent No. 

5,455,599; claims 1–3, 7, 12, 32, and 48 

of U.S. Patent No. 5,519,867; claims 1, 

3, 4, 6, 7, 9, 10, 15, and 17 of U.S. Patent 

No. 5,915,131; claim 1 of U.S. Patent 

No. 5,920,726; claim 1 of U.S. Patent 

No. 5,969,705; claims 1–6, 24, 25, 29, 

and 30 of U.S. Patent No. 6,343,263; 

claims 1–4, 7, 8, 41, and 42 of U.S. 

Patent No. 6,424,354; and claims 1, 2, 6, 

8–10, 12–15, and 20 of U.S. Patent No. 

RE 39,486, 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: Apple Inc., 

f/k/a Apple Computer, Inc., 1 Infinite 

Loop, Cupertino, CA 95014. 

(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: 

Nokia Corporation, Keilalahdentie 4, 

Espoo, Finland; 

Nokia Inc., 102 Corporate Park Drive, 

White Plains, NY 10604. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Daniel L. Girdwood, 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) 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 


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8400 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: February 18, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–3658 Filed 2–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–705] 

In the Matter of Certain Notebook 

Computer Products and Components 

Thereof; Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

January 19, 2010, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Toshiba 

Corporation of Japan. A supplement to 

the complaint was filed on February 5, 

2010. 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 notebook computer products and 

components thereof by reason of 

infringement of certain claims of U.S. 

Patent Nos. 7,156,693 and 5,430,867. 

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 

exclusion orders and cease and desist 

orders. 

ADDRESSES: The complaint and 

supplement, except for any confidential 

information contained therein, are 

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: 

David O. Lloyd, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2576. 

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 

(2009). 

Scope Of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

February 17, 2010, 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 notebook 

computer products or components 

thereof that infringe one or more of 

claims 1, 2, 5, 7, 9, 15–17, and 20–22 of 

U.S. Patent No. 7,156,693 and claims 

21–25 of U.S. Patent No. 5,430,867, 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: Toshiba 

Corporation, 1–1, Shibaura 1-chome, 

Minato-ku, Tokyo 105–8001, 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: 

Wistron Corporation, 21F, 88, Sec. 1, 

Hsin Tai Wu Road, Hsichih, Taipei 

Hsien 221, Taiwan; 

Wistron InfoComm (Texas) Corporation, 

4051 Freeport Parkway, Suite 200, 

Grapevine, TX 76051; 

Wistron InfoComm Technology 

(America) Corporation, 800 Parker 

Square, Suite 285–A,Flower Mound, 

TX 75028. 

(c) The Commission investigative 

attorney, party to this investigation, is 

David O. Lloyd, 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: February 18, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–3661 Filed 2–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–706] 

In the Matter of Certain Wireless 

Communications System Server 

Software, Wireless Handheld Devices 

and Battery Packs; Notice of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

January 22, 2010, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Motorola, Inc. 


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