[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Notices]
[Page 51838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-81]
[[Page 51838]]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-613]
In the Matter of: Certain 3G Mobile Handsets and Components
Thereof; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 7, 2007, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
InterDigital Communications Corporation of King of Prussia,
Pennsylvania and InterDigital Technology Corporation of Wilmington,
Delaware. A supplemental letter was filed on August 27, 2007. The
complaint alleges violations of section 337 in the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain 3G mobile handsets and components
thereof by reason of infringement of certain claims of U.S. Patent Nos.
7,117,004 and 7,190,966. 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 a permanent exclusion
order and permanent cease and desist orders.
ADDRESSES: The complaint, as supplemented, 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://.
http://www.usitc.gov/secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT: David Hollander, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2746.
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 (2006).
Scope of Investigation: Having considered amended complaint, the
U.S. International Trade Commission, on September 5, 2007, 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 3G mobile
handsets and components thereof by reason of infringement of one or
more of claims 1, 2, 7-10, 14, 15, 21, 22, 24, 30-32, 34, 35, 46, 47,
49, 59, and 60 of U.S. Patent No. 7,117,004, and claims 1, 3, and 6-12
of U.S. Patent No. 7,190,966, 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 complainants are--
InterDigital Communications Corporation, 781 Third Avenue, King of
Prussia, Pennsylvania 19406.
InterDigital Technology Corporation, Hagley Building, Suite 105, 3411
Silverside Road, Concord Plaza, Wilmington, Delaware 19810.
(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:
Nokia Corporation, Keilalahdentie 2-4, P.O. Box 226, FIN-00045 Espoo,
Finland.
Nokia Inc., 6000 Connection Drive, Irving, Texas 75039.
(c) The Commission investigative attorney, party to this
investigation, is David Hollander, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Room 401-R, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as 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) 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 a permanent exclusion
order or cease and desist order or both directed against a respondent.
Issued: September 5, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-17782 Filed 9-10-07; 8:45 am]
BILLING CODE 7020-02-P