[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1247-1248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00149]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-862]


Certain Electronic Devices, Including Wireless Communication 
Devices, Tablet Computers, Media Players, and Televisions, and 
Components Thereof; Institution of Investigation Pursuant to United 
States Code

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. International Trade Commission on November 30, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of 
Stockholm, Sweden. Letters supplementing the complaint were filed on 
December 3, December 12, and December 19, 2012. 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 wireless 
communication devices, tablet computers, media players, and 
televisions, and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 6,029,052 (``the `052 patent''); U.S. 
Patent No. 6,058,359 (``the `359 patent''); U.S. Patent No. 6,278,888 
(``the `888 patent''); U.S. Patent No. 6,301,556 (``the `556 patent''); 
U.S. Patent No. 6,418,310 (``the `310 patent''); U.S. Patent No. 
6,445,917 (``the `917 patent''); U.S. Patent No. 6,473,506 (``the `506 
patent''); U.S. Patent No. 6,519,223 (``the `223 patent''); U.S. Patent 
No. 6,624,832 (``the `832 patent''); U.S. Patent No. 6,772,215 (``the 
`215 patent''); and U.S. Patent No. 8,169,992 (``the `992 patent''). 
The 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 complainants request that the Commission institute an 
investigation and, after the investigation, issue an

[[Page 1248]]

exclusion order and a cease and desist order.

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 (2012).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 2, 2013, 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 electronic 
devices, including wireless communication devices, tablet computers, 
media players, and televisions, and components thereof that infringe 
one or more of claims 1-3, 5, 8, 11, 13, 14, and 18 of the `052 patent; 
claims 28-33, 36, 37, 39-43, 46, 47, 50, 51, and 54 of the `359 patent; 
claim 30 of the `888 patent; claims 1-3, 8, 10, 19, 20, 23, 24, 26-33, 
38, 40, 50, 53-55, 57, and 62-68 of the `556 patent; 1, 4, 6, 9-13, and 
16-20 of the `310 patent; claims 1, 24-26, 28, 30, and 54 of the `917 
patent; claims 1, 4, 6, 7, 17, 20, 22, and 23 of the `506 patent; 
claims 1-3, 11-14, 19, 21, 22, and 30-32 of the `223 patent, claims 1, 
4, 9, 10, and 12 of the `832 patent; claims 1, 2, 4, 6, 8, 15, 22, 25, 
26, 29, 32, 34, 45, 46, 49, 52, and 54 of the `215 patent; claims 1, 3, 
5-8, and 10-15 of the `992 patent, and whether an industry in the 
United States exists or is in the process of being established 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 public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1), 
(g)(1);
    (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 Inc., 6300 Legacy Drive, Plano, TX 75024;
Telefonaktiebolaget LM Ericcson, Torshamsgatan 23, Kista, 164 83 
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:

Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, 
NJ 07660.
Samsung Telecommunications America LLC, 1301 East Lookout Drive, 
Richardson, TX 75082.
Samsung Electronics Co., Ltd., Samsung Electronics Building, 1320-10, 
Seocho 2-dong, Seocho-gu, Seoul 137-857, Republic of Korea.

    (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 CFR201.16(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 3, 2013.

    By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-00149 Filed 1-7-13; 8:45 am]
BILLING CODE 7020-02-P