[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Page 41164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19511]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-675]


In the Matter of Certain Wireless Communications Devices and 
Components Thereof; Notice of Commission Determination Not To Review an 
Initial Determination Granting a Joint Motion To Terminate the 
Investigation Based on Withdrawal of the Complainant; Termination of 
the Investigation

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 an initial determination 
(``ID'') (Order No. 10) of the presiding administrative law judge 
(``ALJ'') granting a joint motion by complainant and respondents to 
terminate the investigation based on withdrawal of the complaint.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. 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: On May 4, 2009, the Commission instituted an 
investigation under section 337 of the Tariff Act of 1930, based on a 
complaint filed by SPH America, LLC of Vienna, VA (``SPH'') on March 
25, 2009, and amended on April 17, 2009. 74 FR 20500 (May 4, 2009). The 
amended 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 wireless communications 
devices and components thereof by reason of infringement of certain 
claims of United States Patent Nos. RE 40,385 and 5,960,029. The 
amended complaint named nine respondents: Kyocera Corporation of Kyoto, 
Japan; Kyocera Wireless Corporation of San Diego, CA; Kyocera Sanyo 
Telecom, Inc. of Woodland Hills, CA; MetroPCS Communications, Inc. of 
Richardson TX; Metro PCS Wireless of Dallas, TX; Sprint Nextel 
Corporation of Overland Park, KS; Am[eacute]rica M[oacute]vil of 
Mexico; TracFone Wireless, Inc., of Miami FL; and Virgin Mobile USA, 
Inc., of Warren, NJ.
    On July 2, 2009, SPH and respondents filed a joint motion to 
terminate the investigation in its entirety based on withdrawal of the 
complaint by SPH as to all respondents. On July 15, 2009, the 
Commission investigative attorney filed a response in support of the 
joint motion to terminate the investigation.
    On July 20, 2009, the ALJ issued Order No. 10 granting the joint 
motion to terminate the investigation. None of the parties petitioned 
for review of Order No. 10.
    The Commission has determined not to review the ID. Accordingly, 
this investigation is terminated.
    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(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    Issued: August 7, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-19511 Filed 8-13-09; 8:45 am]
BILLING CODE 7020-02-P