2758 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Notices 

TX0007350476; U.S. Copyright 

Registration No. VA0001772660; and 

U.S. Copyright Registration No. 

VA0001772661, misappropriation of 

trade secrets, breach of contract, and 

tortious interference with contract. The 

complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337, and that the threat or effect of the 

unfair methods of competition and 

unfair acts is to destroy or substantially 

injure an industry in the United States 

as required by subsection (a)(1)(A) of 

section 337. 

The complainants request 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 

January 11, 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: 

(a) 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 electric fireplaces, components 

thereof, manuals for same, certain 

processes for manufacturing or relating 

to same and certain products containing 

same that infringe U.S. Copyright Nos. 

TX0007350474; TX0007350476; 

VA0001772660; and VA0001772661, 

and whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; 

(b) whether there is a violation of 

subsection (a)(1)(A) 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 electric fireplaces, components 

thereof, manuals for same, certain 

processes for manufacturing or relating 

to same and certain products containing 

same by reason of misappropriation of 

trade secrets, breach of contract, or 

tortious interference with contract, the 

threat or effect of which is to destroy or 

substantially injure an industry in the 

United States; 

(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 complainants are: 

Twin-Star International, Inc., 1690 

South Congress Avenue, Suite 210, 

Delray Beach, FL 33445. 

TS Investment Holding Corp., c/o 

Trivest Partners, L.P., 2665 South 

Bayshore Drive, 8th Floor, Miami, FL 

33133. 

(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: 

Shenzhen Reliap Industrial Co., No. 3 

Chuangye Road, The Third Industrial 

Zone, Shiyan Town, Baoan District, 

Shenzhen, China. 

Yue Qiu Sheng (a.k.a. Jason Yue), Room 

#507, Building 3, Bang Dao Yuang, Bu 

Ji Town, Shenzhen City, China 

518112. 

Whalen Furniture Manufacturing Inc., 

1578 Air Wing Road, San Diego, CA 

92154. 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW., Suite 

401, Washington, DC 20436; 

(3) This investigation is consolidated 

with Investigation No. 337–TA–791 

currently pending before the Honorable 

David P. Shaw, Administrative Law 

Judge, U.S. International Trade 

Commission; and 

(4) For the consolidated investigation 

so instituted, the Honorable Charles E. 

Bullock, Chief Administrative Law 

Judge, U.S. International Trade 

Commission, shall designate the 

presiding Administrative Law Judge, 

who may adjust the target date and 

procedural schedule of the consolidated 

investigation as necessary to avoid 

prejudice to the rights of the parties. 

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. 

Issued: January 13, 2012. 

By order of the Commission. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–983 Filed 1–18–12; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–827] 

Certain Portable Communication 

Devices; Institution of Investigation 

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 

December 2, 2011, under section 337 of 

the Tariff Act of 1930, as amended, 19 

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

Innovations LLC of Alexandria, 

Virginia. An amended complaint was 

filed on December 16, 2011. The 

amended complaint alleges violations of 

section 337 based upon the importation 

into the United States, the sale for 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Notices 2759 

importation, and the sale within the 

United States after importation of 

certain portable communication devices 

by reason of infringement of certain 

claims of U.S. Patent No. 5,926,636 

(‘‘the ’636 patent’’); U.S. Patent No. 

5,929,655 (‘‘the ’655 patent’’); U.S. 

Patent No. 6,208,879 (‘‘the ’879 patent’’); 

and U.S. Patent No. 6,456,841 (‘‘the ’841 

patent’’). The amended 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 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 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 amended complaint, the 

U.S. International Trade Commission, 

on January 12, 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 portable 

communication devices that infringe 

one or more of claims 7–13 and 15 of 

the ’636 patent; claims 1–9 and 17–25 

of the ’655 patent; claims 1–8 and 14– 

20 of the ’879 patent; and claims 1–5 of 

the ’841 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: 

Digitude Innovations LLC, 601 King 

Street, Suite 404, Alexandria, VA 

22314. 

(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: 

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 75039–2013. 

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 

Ave., Englewood Cliffs, NJ 07632. 

LG Electronics MobileComm U.S.A., 

Inc., 10101 Old Grove Road, San 

Diego, CA 92131. 

Motorola Mobility Holdings, Inc., 600 N. 

U.S. Highway 45, Libertyville, IL 

60048. 

Samsung Electronics Co., Ltd, 1320–10, 

Seocho 2-dong Seocho-gu, Seoul, 

137–857, South Korea. 

Samsung Electronics America, Inc., 105 

Challenger Rd., Ridgefield Park, NJ 

07660. 

Samsung Telecommunications America, 

LLC, 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, 221 88, 

Sweden. 

Sony Ericsson Mobile, Communications 

(USA) Inc., 7001 Development Drive, 

Research Triangle Park, NC 27709. 

Amazon.com, Inc., 410 Terry Avenue 

North, Seattle, WA 98109–5210. 

Nokia Corporation, Keilalahdentie 4, 

P.O. Box 226, FI–00045, Nokia Group, 

Espoo, Finland. 

Nokia Inc., 6000 Connection Drive 

#MD2–2210, Irving, TX 75039. 

Pantech & Curitel Communication, Inc., 

Peungwha Seocho Building, 1451–34, 

Seocho-Go, Seoul 137–070, South 

Korea. 

Pantech Wireless, Inc., 5607 Glenridge 

Drive NE., Suite 500, Atlanta, GA 

30342–7200. 

(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 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 

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 amended 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: January 13, 2012. 

By order of the Commission. 

James R. Holbein, 

Secretary to the Commission. 

[FR Doc. 2012–984 Filed 1–18–12; 8:45 am] 

BILLING CODE 7020–02–P 

mstockstill on DSK4VPTVN1PROD with NOTICES