Notice2021-23823
Certain Electronic Devices Having Wireless Communication Capabilities and Components Thereof; Institution of Investigation
Primary source
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Published
November 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 September 27, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bell Northern Research, LLC of Chicago, Illinois. A supplement was filed on October 15, 2021. The complaint 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 having wireless communication capabilities and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,204,554 ("the `554 patent"); U.S. Patent No. 7,319,889 ("the `889 patent"); U.S. Patent No. RE 48,629 ("the `629 patent"); and U.S. Patent No. 8,416,862 ("the `862 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 209 (Tuesday, November 2, 2021)</title>
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[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60467-60468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23823]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1284]
Certain Electronic Devices Having Wireless Communication
Capabilities 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 27, 2021, under
section 337 of the Tariff Act of 1930, as amended, on behalf of Bell
Northern Research, LLC of Chicago, Illinois. A supplement was filed on
October 15, 2021. The complaint 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 having wireless communication capabilities and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 8,204,554 (``the `554 patent''); U.S. Patent No. 7,319,889
(``the `889 patent''); U.S. Patent No. RE 48,629 (``the `629 patent'');
and U.S. Patent No.
[[Page 60468]]
8,416,862 (``the `862 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, 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#4d0809041e7e0528213d0d383e24392e632a223b"><span class="__cf_email__" data-cfemail="cd8889849efe85a8a1bd8db8bea4b9aee3aaa2bb">[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 October 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, 2, 4-9, and 11-14 of the '554 patent; claims 1, 2, 4-6, 8, 9,
11, and 12 of the '889 patent; claims 1, 8-11, 13, 14, 19, 20, and 27
of the '629 patent; and claims 1-4 and 9-12 of the '862 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 ``mobile devices
(specifically, mobile telephones and tablet computers), personal
computers, and televisions having wireless communication capabilities,
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 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:
Bell Northern Research, LLC, 401 North Michigan Avenue, Chicago,
Illinois 60611
(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 Ltd., No. 6 Chuang Ye Road, Shangdi Information Industry
Base, Haidan District 100085, China
Lenovo (United States), Inc., 1009 Think Pl., Morrisville, NC 27560
Motorola Mobility LLC, 222 W. Merchandise Mart Plaza, Suite 1800,
Chicago, IL 60654
TCL Electronics Holdings Limited, 7/F, TCL Building, 22 Science Park
East Avenue, 22E, Hong Kong Science Park, Hong Kong
TCT Mobile (US) Inc., 25 Edelman, Suite 200, Irvine, California 92618
TTE Technology, Inc., 1860 Compton Avenue, Corona, CA 92881
BLU Products, Inc., 10814 NW 33rd St., Building 100, Doral, Florida
33172
BBK Electronics Corp., 23 Bubugao Avenue, Wusha Village, Chang'an
District, Dongguan, Guangdong, 523860, China
OnePlus Technology Co., Ltd., 18F, Block C, Shenye Tairan Bldg., Tairan
Eighth Road, Chegongmiao, Futian District, Shenzhen, Guangdong, 518048,
China
HMD Global Oy, Bertel Jungin aukio 9, Espoo 02600, Finland
HMD America, Inc., 1200 Brickell Ave., Suite 510, Miami, Florida 33131
Sonim Technologies, Inc., 6500 River Place Blvd., Building 7, Suite
250, Austin, Texas 78730
(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: October 27, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-23823 Filed 11-1-21; 8:45 am]
BILLING CODE 7020-02-P
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