[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68379-68380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27924]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-744]


In the Matter of: Certain Mobile Devices, Associated Software, 
and Components Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 1, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Microsoft Corporation of Redmond, Washington. An amended complaint was 
filed on October 12, 2010. 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

[[Page 68380]]

after importation of certain mobile devices, associated software, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 5,579,517 (``the '517 patent''); U.S. Patent No. 5,758,352 
(``the '352 patent''); U.S. Patent No. 6,621,746 (``the '746 patent''); 
U.S. Patent No. 6,826,762 (``the '762 patent''); U.S. Patent No. 
6,909,910 (``the '910 patent''); U.S. Patent No. 7,644,376 (``the '376 
patent''); U.S. Patent No. 5,664,133 (``the '133 patent''); U.S. Patent 
No. 6,578,054 (``the '054 patent''); and U.S. Patent No. 6,370,566 
(``the '566 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 a cease and desist order.

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: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2572.
    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 (2010).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on November 1, 2010, 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 
devices, associated software, and components thereof that infringe one 
or more of claims 1-4, 22, 26, 31, and 36 of the '517 patent; claims 1, 
7, 12, and 20 of the '352 patent; claims 6, 10, 15, 16, 23, and 24 of 
the '746 patent; claims 1-9, 15, and 16 of the '762 patent; claims 1-3, 
5-8 and 10 of the '910 patent; claims 10-13 of the '376 patent; claims 
1, 2, 8, 18, 19, 25, and 35-37 of the '133 patent; claims 11 and 13-15 
of the '054 patent; and claims 1, 2, 5, 6, and 9 of the '566 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: Microsoft Corporation, One Microsoft Way, 
Redmond, Washington 98052.
    (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, Inc., 1303 East Algonquin Road, Schaumburg, Illinois 60196.
Motorola Mobility, Inc., 600 North US Highway 45, Libertyville, 
Illinois 60048.

    (c) The Commission investigative attorney, party to this 
investigation, is Juan Cockburn, Esq., 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 Honorable Paul J. 
Luckern, 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 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 the respondents 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 1, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-27924 Filed 11-4-10; 8:45 am]
BILLING CODE 7020-02-P