[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21584-21585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8540]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-836]


Certain Consumer Electronics and Display Devices and Products 
Containing Same; Institution of Investigation Pursuant to 19 U.S.C. 
1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S.

[[Page 21585]]

International Trade Commission on March 6, 2012, under section 337 of 
the Tariff Act of 1930, 19 U.S.C. 1337, on behalf of Graphics 
Properties Holdings, Inc. of New Rochelle, New York. 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 consumer electronics and display 
devices and products containing same by reason of infringement of 
certain claims of U.S. Patent No. 6,650,327 (``the `327 patent''); U.S. 
Patent No. 6,816,145 (``the `145 patent''); and U.S. Patent No. 
5,717,881 (``the `881 patent''). 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, 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 4, 2012, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, 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 consumer electronics and 
display devices and products containing same that infringe one or more 
of claims 2, 3, 5, and 6 of the `327 patent; claims 1-6, 8, 15-17, and 
20 of the `145 patent; and claim 1 of the `881 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the statutory public interest factors (19 
U.S.C. 1337(d)(1), (f)(1), (g)(1)), in this investigation, and provide 
the Commission with findings of fact and a recommended determination on 
this issue, except that the presiding judge shall not address 
assertions contained in respondents' letters of March 15 and 19, 2012 
that certain types of entities are not entitled to bring actions and 
obtain relief under the statute;
    (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 complainant is:

Graphics Properties Holdings, Inc., 56 Harrison St., Suite 505, New 
Rochelle, NY 10801-6555
    (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:

Research In Motion Ltd., 295 Phillip Street, Waterloo, Ontario N2L 3W8, 
Canada
Research In Motion Corp., 122 W. John Carpenter Parkway, Suite 430, 
Irving, TX 75039
HTC Corporation, 23 Xinghua Road, Taoyuan, 330, Taiwan
HTC America, Inc., 13920 SE Eastgate Way, Suite 400, Bellevue, WA 98005
LG Electronics, Inc., LG Twin Towers, 20, Yoido-dong, Youngdungpo-gu, 
Seoul, 157-721, South Korea
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632
LG Electronics MobileComm U.S.A. Inc., 10101 Old Grove Road, San Diego, 
CA 92131
Apple Inc., 1 Infinite Loop, Cupertino, CA 95014
Samsung Electronics Co., Ltd., 1320-10, Seocho 2-dong Seocho-gu, Seoul, 
South Korea
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield 
Park, NJ 07660
Samsung Telecommunications, America, L.L.C., 1301 East Lookout Drive, 
Richardson, TX 75082
Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan
Sony Corporation of America, 550 Madison Avenue, New York, NY 10022-
3211
Sony Electronics, Inc., 16530 Via Esprillo, San Diego, CA 92127
Sony Ericsson Mobile, Communications AB, Nya Vattentornet, Lund, 2211 
88, Sweden
Sony Ericsson Mobile, Communications (USA) Inc., 3333 Piedmont Road, 
Suite 600, Atlanta, GA 30305

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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 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: April 4, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8540 Filed 4-9-12; 8:45 am]
BILLING CODE 7020-02-P