[Federal Register: September 21, 2007 (Volume 72, Number 183)]
[Notices]
[Page 54069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se07-122]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-614]
In the Matter of Certain Wireless Communication Chips and
Chipsets, and Products Containing Same, Including Wireless Handsets and
Network Interface Cards; 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 16, 2007, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Nokia Corporation of Finland and Nokia Inc. of Irving, Texas. A
supplement to the complaint was filed on September 12, 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 wireless communication chips and
chipsets, and products containing same, including wireless handsets and
network interface cards, by reason of infringement of certain claims of
U.S. Patent Nos. 7,236,761, 6,714,091, 6,292,474, 5,896,562, and
5,752,172. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and permanent 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: David O. Lloyd, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2576.
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 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 14, 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 wireless
communications chips or chipsets, or products containing same,
including wireless handsets or network interface cards, by reason of
infringement of one or more of claims 1-17, 19-20, and 22-108 of U.S.
Patent No. 7,236,761; claims 1-13 of U.S. Patent No. 6,714,091; claims
1, 15, and 16 of U.S. Patent No. 6,292,474; claims 1-4, 7, and 11 of
U.S. Patent No. 5,896,562; and claims 1-3, 6, 8, and 14 of U.S. Patent
No. 5,752,172, 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--
Nokia Corporation, Keilalahdentie 4, P.O. Box 226, FIN-00045 Nokia
Group, Espoo, Finland.
Nokia Inc., 6000 Connection Drive, Irving, Texas 75039.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
QUALCOMM, Inc., 5775 Morehouse Drive, San Diego, California 92121.
(c) The Commission investigative attorney, party to this
investigation, is David O. Lloyd, 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 is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent 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 the 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
cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: September 17, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-18674 Filed 9-20-07; 8:45 am]
BILLING CODE 7020-02-P