[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80337-80338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25441]


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INTERNATIONAL TRADE COMMISSION

[Investigation. No. 337-TA-1376]


Certain Electronic Devices, Including Mobile Phones, Tablets, 
Laptops, Components Thereof, and Products Containing the Same; Notice 
of Institution of Investigation

AGENCY: 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 October 12, 2023, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ericsson AB of 
Sweden and Telefonaktiebolaget LM Ericsson of Sweden. Supplements to 
the Complaint were filed on October 31, 2023 and November 9, 2023. 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, tablets, laptops, components thereof, and 
products containing the same by reason of the infringement of certain 
claims of U.S. Patent No. 7,151,430 (``the '430 patent''); U.S. Patent 
No. 9,509,273 (``the '273 patent''); U.S. Patent No. 9,313,178 (``the 
'178 patent''); U.S. Patent No. 11,122,313 (``the '313 patent''); and 
U.S. Patent No. 10,972,654 (``the '654 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute. The complainant requests that the 
Commission institute an investigation and, after the investigation, 
issue a limited exclusion order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#9fdadbd6ccacd7faf3efdfeaecf6ebfcb1f8f0e9"><span class="__cf_email__" data-cfemail="4c0908051f7f0429203c0c393f25382f622b233a">[email protected]</span></a>. 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 https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Katherine Hiner, The Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2023).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 13, 2023, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 2-8, 11, and 13-18 of the '430 patent; claims 1-4, 7-10, 12-14, 
16, and 18 of the '273 patent; claims 1-5 and 16-18 of the '178 patent; 
claims 1-4, 6, 11-14, and 16 of the '313 patent; and claims 1, 3, 9, 
10, 15, and 16 of the '654 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``mobile phones, 
tablet computers, laptop computers, components thereof and products 
containing the same'';
    (3) 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:

Ericsson AB, Torshamnsgatan 23, Kista, Stockholm, Sweden
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 21, Kista, Stockholm, 
Sweden

    (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:

Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800, 
Chicago, Illinois 60654
Lenovo (United States) Inc., 1009 Think Place, Building One, 
Morrisville, NC 27560
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979 
King's Road, Quarry Bay, Hong Kong SAR
Lenovo (Shanghai) Electronics, Technology Co., Ltd., Part 304-305, 
Building 4, No. 222, Meiyue Road, Pilot Free Trade Zone, Pudong, New 
District, Shang Hai Shi, 200131 Shanghai
Lenovo Beijing Co., Limited, 6 Chuang ye Road, Haidian District, 
Beijing 100085, China
Lenovo PC HK Limited, 23/F., Lincoln House, Taikoo Place, 979 King's 
Road, Hong Kong
Lenovo Information Products, (Shenzhen) Co. Ltd., Fuitan Trade Zone, 
ISH2 Building, No. 3, Guanglan Road, 518038 Shenzhen
Motorola (Wuhan) Mobility, Technologies Communication Company, Limited, 
19, Gaoxin 4th Road, Donghu New, Technology Development Zone, Hubei, 
430205 Wuhan, China

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations is not participating as 
a party to this investigation.
    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(e) and 210.13(a), as amended in 85 FR 15798 
(March 19,

[[Page 80338]]

2020), such responses will be considered by the Commission if received 
not later than 20 days after the date of service by the complainants 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: November 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-25441 Filed 11-16-23; 8:45 am]
BILLING CODE 7020-02-P


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