20846 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 

the public interest, and bonding. Such 

submissions should address the ALJ’s 

recommended determination on remedy 

and bonding. Complainant and the 

Commission investigative attorney are 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainant is requested 

to supply the expiration dates of the 

patents at issue and the HTSUS 

numbers under which the accused 

products are imported. The written 

submissions and proposed remedial 

orders must be filed no later than the 

close of business on April 16, 2012. 

Written submissions should be no 

longer than 60 pages. Reply submissions 

must be filed no later than the close of 

business on April 23, 2012, and should 

be no longer than 30 pages. No further 

submissions will be permitted unless 

otherwise ordered by the Commission. 

Persons filing written submissions 

must do so in accordance with 

Commission rule 210.4(f), 19 CFR 

210.4(f), which requires electronic 

filing. The original document and eight 

true copies thereof must also be filed on 

or before the deadlines stated above 

with the Office of the Secretary. Any 

person desiring to submit a document 

(or portion thereof) to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment is 

granted by the Commission will be 

treated accordingly. All nonconfidential 

written submissions will be available for 

public inspection at the Office of the 

Secretary and on EDIS. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and under sections 210.42–210.46, 

210.50(a) of the Commission’s Rules of 

Practice and Procedure (19 CFR 210.42– 

210.46, 210.50(a)). 

Dated: Issued: April 2, 2012. 

By order of the Commission. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–8265 Filed 4–5–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–835] 

Certain Food Containers, Cups, Plates, 

Cutlery, and Related Items and 

Packaging Thereof Institution of 

Investigation Pursuant to 19 U.S.C. 

1337 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

March 6, 2012, under section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Fabri-Kal 

Corporation of Kalamazoo, Michigan. A 

supplement to the complaint was filed 

on March 20, 2012. The complaint, as 

supplemented, 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 food containers, cups, plates, 

cutlery, and related items and packaging 

thereof by reason of infringement of U.S. 

Trademark Registration No. 3,021,945 

(‘‘the ‘945 trademark’’). 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 cease and desist 

orders. 

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: The 

Office of Unfair Import Investigations, 

U.S. International Trade Commission, 

telephone (202) 205–2560. 

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 

(2011). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

April 2, 2012, 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)(C) 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 food containers, 

cups, plates, cutlery, and related items 

and packaging thereof that infringe the 

‘945 trademark, 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: Fabri-Kal 

Corporation, 600 Plastics Place, 

Kalamazoo, MI 49001. 

(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: 

Green Wave International Inc., 112 12th 

Street, Brooklyn, NY 11215. 

Trans World International (New York), 

Inc., 112 12th Street, Brooklyn, NY 

11215. 

John Calarese & Co., Inc., 89 Main 

Street, Suite 204, Medway, MA 02053. 

Eco Greenwaves Corporation, 40 

Montclaire Drive, Fremont, CA 94539. 

(c) The 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 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 20847 

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. 

Issued: April 3, 2012. 

By order of the Commission. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–8284 Filed 4–5–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–834] 

Certain Mobile Electronic Devices 

Incorporating Haptics; Institution of 

Investigation Pursuant to 19 U.S.C. 

1337 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

February 7, 2012, and an amended 

complaint was filed with the U.S. 

International Trade Commission on 

March 2, 2012 and a supplement was 

filed on March 15, 2012, under section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, on behalf of 

Immersion Corporation of San Jose, 

California. The amended 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 electronic 

devices incorporating haptics by reason 

of infringement of certain claims of U.S. 

Patent No. 6,429,846 (‘‘the ‘846 patent’’); 

U.S. Patent No. 7,592,999 (‘‘the ‘999 

patent’’); U.S. Patent No. 7,969,288 (‘‘the 

‘288 patent’’); U.S. Patent No. 7,982,720 

(‘‘the ‘720 patent’’); U.S. Patent No. 

8,031,181 (‘‘the ‘181 patent’’); and U.S. 

Patent No. 8,059,105 (‘‘the ‘105 patent’’). 

The amended complaint further alleges 

that an industry in the United States 

exists or is in the process of being 

established 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 cease and desist 

orders. 

ADDRESSES: The amended 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: The 

Office of the Secretary, Docket Services 

Division, U.S. International Trade 

Commission, telephone (202) 205–1802. 

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 

(2011). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

April 2, 2012, 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 electronic 

devices incorporating haptics that 

infringe one or more of claim 5 of the 

‘846 patent; claims 1–3, 6, 8–11, and 

13–16 of the ‘999 patent; claims 18–26 

of the ‘288 patent; claims 1–8, 10–19, 

22–25, and 27–33 of the ‘720 patent; 

claims 1–3, 5, 6, 8, 9, 11, 13, 15, 17–25, 

and 27–34 of the ‘181 patent; and claims 

1–5, 7–15, and 18–21 of the ‘105 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: Immersion 

Corporation, 30 Rio Robles, San Jose, 

CA 95134. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the amended complaint is to be 

served: 

Motorola Mobility, Inc., 600 N. U.S. 

Highway 45, Libertyville, IL 60048. 

Motorola Mobility Holdings, Inc., 600 N. 

U.S. Highway 45, Libertyville, IL 

60048. 

HTC Corporation, 23 Xinghua Road, 

Taoyuan, 330 Taiwan. 

HTC America, Inc., 13920 SE. Eastgate 

Way, Suite 400, Bellevue, Washington 

98005. 

(3) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge; and 

(4) The presiding Administrative Law 

Judge is directed to promptly issue an 

initial determination amending the 

notice of investigation upon 

complainant’s request to reflect any 

changes to the ‘846 patent resulting 

from the issuance by the Patent and 

Trademark Office of a certificate of 

correction in response to the currently 

pending correction request. 

The Office of Unfair Import 

Investigations will not participate as a 

party in this investigation. 

Responses to the amended 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 amended 

complaint and the notice of 

investigation. Extensions of time for 

submitting responses to the amended 

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 

amended complaint and in this notice 

may be deemed to constitute a waiver of 

the right to appear and contest the 

allegations of the amended complaint 

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