Notice2021-19165
Certain Laptops, Desktops, Servers, Mobile Phones, Tablets, and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
September 7, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 2, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sonrai Memory Ltd. of Ireland. An amended complaint was filed on August 6, 2021. The complaint, as amended, 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 laptops, desktops, servers, mobile phones, tablets, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,159,766 ("the '766 Patent"); U.S. Patent No. 7,325,733 ("the '733 Patent"); and U.S. Patent No. 8,193,792 ("the '792 Patent"). The complaint further alleges that an industry in the United States exists 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.
Full Text
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50170-50171]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19165]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1280]
Certain Laptops, Desktops, Servers, Mobile Phones, Tablets, and
Components Thereof; Notice of 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 August 2, 2021, under section
337 of the Tariff Act of 1930, as amended, on behalf of Sonrai Memory
Ltd. of Ireland. An amended complaint was filed on August 6, 2021. The
complaint, as amended, 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 laptops,
desktops, servers, mobile phones, tablets, and components thereof by
reason of infringement of certain claims of U.S. Patent No. 7,159,766
(``the '766 Patent''); U.S. Patent No. 7,325,733 (``the '733 Patent'');
and U.S. Patent No. 8,193,792 (``the '792 Patent''). The complaint
further alleges that an industry in the United States exists 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, as amended, 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#8dc8c9c4debec5e8e1fdcdf8fee4f9eea3eae2fb"><span class="__cf_email__" data-cfemail="94d1d0ddc7a7dcf1f8e4d4e1e7fde0f7baf3fbe2">[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: 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 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 31, 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, 3-6, 8, 10, 13-14, 16-21, 25-27, 45, 47-50, 54-58, and 60 of
the '766 patent; claims 1-3, 6-7, 9, 11-15, 17-18, 20-23, and 25 of the
'733 patent; and claims 1-18 of the '792 patent, and whether an
industry in the United States exists 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 ``laptop computers,
desktop computers, servers, mobile phones, tablets, and components
thereof'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and
[[Page 50171]]
hear arguments from the parties or other interested persons with
respect to the public interest in this investigation, as appropriate,
and provide the Commission with findings of fact and a recommended
determination on this issue, which shall be limited to the statutory
public interest factors set forth in 19 U.S.C. l337(d)(l), (f)(1),
(g)(1);
(4) 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: Sonrai Memory Ltd., Suite 23, The Hyde
Building, Carrickmines, Dublin 18, Ireland.
(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:
Amazon.Com, Inc., 410 Terry Avenue North, Seattle, WA 98109
Dell Technologies Inc., One Dell Way, Round Rock, TX 78682
EMC Corporation, One Dell Way, Round Rock, TX 78682
Lenovo Group Ltd., 6 Chuang ye Road, Haidian District, Beijing 100085,
China
Lenovo (United States) Inc., 1009 Think Place, Building One,
Morrisville, NC 27560
Motorola Mobility LLC, 222 W Merchandise Mart Plaza, Suite 1800,
Chicago, IL 60654
LG Electronics Inc., LG Twin Tower 128 Yeoui-daero, Yeongdeungpo-gu,
Seoul, 07336, South Korea
LG Electronics USA, Inc., 1000 Sylvan Ave., Englewood Cliffs, NJ 07632
Samsung Electronics Co., Ltd., 129 Samsung-Ro, Maetan-3dong, Yeongtong-
gu, Suwon-si, Gyeonggi-do, 443-742, South Korea
Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park,
NJ 07660
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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
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 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: August 31, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-19165 Filed 9-3-21; 8:45 am]
BILLING CODE 7020-02-P
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