Certain Electronic Devices, Including Smartphones, Computers, Tablet Computers, and Components Thereof; Institution of Investigation
| Citation | 88 FR 70425 |
| Published date | 11 October 2023 |
| Record Number | 2023-22467 |
| Court | International Trade Commission |
| Section | Notices |
Federal Register, Volume 88 Issue 195 (Wednesday, October 11, 2023)
[Federal Register Volume 88, Number 195 (Wednesday, October 11, 2023)]
[Notices]
[Pages 70425-70426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22467]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1373]
Certain Electronic Devices, Including Smartphones, Computers,
Tablet Computers, and Components Thereof; Institution of Investigation
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 September 1, 2023, under section
337 of the Tariff Act of 1930, as amended, on behalf of InterDigital,
Inc., InterDigital VC Holdings and InterDigital Patent Holdings, Inc.,
of Wilmington, Delaware; and InterDigital Madison Patent Holdings SAS
of France. The complaint, as supplemented, 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 smartphones,
computers, tablet computers, and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 10,250,877 (``the
'877 patent''); U.S. Patent No. 8,674,859 (``the '859 patent''); U.S.
Patent No. 9,674,556 (``the '556 patent''); U.S. Patent No. 9,173,054
(``the '054 patent''); and U.S. Patent No. 8,737,933 (``the '933
patent''). The complaint further alleges that an industry in the United
States exists, or is in the process of being established, as required
by the applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. 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 https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 4, 2023, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 4, 7, and 8 of the '877 patent; claims 10 and 15 of the '859
patent; claims 1, 3-5, 7 and 8 of the '566 patent; claims 1 and 23 of
the '933 patent; and claims 1 and 23 of the '054 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 section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``smartphones,
computers, tablet computers, and components thereof'';
(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:
InterDigital, Inc., 200 Bellevue Parkway, Suite 300, Wilmington, DE
19809
InterDigital VC Holdings, Inc., 200 Bellevue Parkway, Suite 300,
Wilmington, DE 19809
InterDigital Patent Holdings, Inc., 200 Bellevue Parkway, Suite 300,
Wilmington, DE 19809
InterDigital Madison Patent Holdings SAS, 3 Rue Du Colonel Moll, Paris,
France 75017
(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:
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979
King's Road, Quarry Bay, Hong Kong SAR
Lenovo (United States) Inc., 8001 Development Dr., Morrisville, North
Carolina 27560
Motorola Mobility LLC, 222 W Merchandise Mart Plaza, Suite 1800,
Chicago, Illinois 60654
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
[[Page 70426]]
(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 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants 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.
By order of the Commission.
Issued: October 5, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-22467 Filed 10-10-23; 8:45 am]
BILLING CODE 7020-02-P
