Notice2021-18931
Certain Radio Frequency Transmission Devices and Components Thereof Notice of Institution of Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 28, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Zebra Technologies Corporation of Lincolnshire, Illinois. A supplement to the complaint was filed on August 13, 2021. 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 radio frequency transmission devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,895,219 ("the '219 patent") and U.S. Patent No. 7,683,788 ("the '788 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 a cease and desist order.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49344-49345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18931]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1278]
Certain Radio Frequency Transmission Devices and Components
Thereof Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 28, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of Zebra Technologies
Corporation of Lincolnshire, Illinois. A supplement to the complaint
was filed on August 13, 2021. 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 radio frequency transmission devices and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 6,895,219 (``the '219 patent'') and U.S. Patent No.
7,683,788 (``the '788 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 a
cease and desist order.
ADDRESSES: The complaint, as supplemented, except for any confidential
information contained therein, may be viewed on the Commission's
electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing
EDIS, please email <a href="/cdn-cgi/l/email-protection#2461606d77176c4148546451574d50470a434b52"><span class="__cf_email__" data-cfemail="cb8e8f8298f883aea7bb8bbeb8a2bfa8e5aca4bd">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
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 (2021).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 26, 2021, 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, 3-8, and 10, 11, and 13-16 of the '219 patent and claims 17-
19 of the '788 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 (i) ``RF transmission
devices generally capable of transmitting and receiving data; and (ii)
[[Page 49345]]
components of such RF transmission devices--in particular, enclosures,
transceivers and processors'';
(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 complainant is: Zebra Technologies Corporation, 3 Overlook
Point, Lincolnshire, IL 60069.
(b) The respondent is the following entities alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: OnAsset Intelligence, Inc., 8407 Sterling Street, Irving,
TX 75063.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations is not participating as
a party in this investigation.
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(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
complainant 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
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: August 27, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18931 Filed 9-1-21; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.