Notice2025-01587
Certain Mobile Electronic Devices; Notice of Institution of Investigation
Primary source
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Published
January 23, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 17, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd of Kyoto, Japan. Supplements to the Complaint were filed on December 26, 2024 and January 6, 2025. 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 mobile electronic devices by reason of the infringement of certain claims of U.S. Patent No. 8,130,280 (the " '280 patent"); U.S. Patent No. 11,490,004 (the " '004 patent"); U.S. Patent No. 11,750,915 (the " '915 patent"); U.S. Patent No. 11,509,953 (the " '953 patent"); U.S. Patent No. 12,108,103 (the " '103 patent"); and U.S. Patent No. 11,445,241 (the " '241 patent"). The complaint, as supplemented, 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 order.
Full Text
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<title>Federal Register, Volume 90 Issue 14 (Thursday, January 23, 2025)</title>
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[Federal Register Volume 90, Number 14 (Thursday, January 23, 2025)]
[Notices]
[Pages 8032-8033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01587]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1432]
Certain Mobile Electronic Devices; 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 December 17, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd of
Kyoto, Japan. Supplements to the Complaint were filed on December 26,
2024 and January 6, 2025. 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 mobile electronic devices by reason of the
infringement of certain claims of U.S. Patent No. 8,130,280 (the ``
'280 patent''); U.S. Patent No. 11,490,004 (the `` '004 patent''); U.S.
Patent No. 11,750,915 (the `` '915 patent''); U.S. Patent No.
11,509,953 (the `` '953 patent''); U.S. Patent No. 12,108,103 (the ``
'103 patent''); and U.S. Patent No. 11,445,241 (the `` '241 patent'').
The complaint, as supplemented, 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 order.
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#d194959882e299b4bda191a4a2b8a5b2ffb6bea7"><span class="__cf_email__" data-cfemail="3277767b61017a575e427247415b46511c555d44">[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: Susan Orndoff, The 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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 16, 2025, 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 1-11 and 14-17 of the '280 patent; claims 1, 2, 4, 7-12, and 14-
20 of the '004 patent; claims 1, 4, 5, 7-11, and 14-19 of the '915
patent; claims 1-30 of the '953 patent; claims 1-3, 5-7, 9, and 11-21
of the '103 patent; and claims 1-3, 5-14, 17-23, and 25-28 of the '241
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 ``smartphones and
tablets, i.e., those branded and sold by Samsung'';
(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:
Maxell, Ltd., 1 Koizumi, Oyamazaki, Oyamazaki-cho, Otokuni-gun, Kyoto,
618-8525 Japan.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
and supplement is to be served:
Samsung Electronics Co., Ltd., 129 Samsung-Ro (Maetan-dong), Yeongtong-
gu, Suwon-Shi, Gyeonggi-do, 16677 Republic of Korea.
[[Page 8033]]
Samsung Electronics America, Inc., 85 Challenger Road, Floor 7,
Ridgefield Park, NJ 07660-2118.
(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 will not be a party to
this investigation.
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, as supplemented, 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: January 17, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-01587 Filed 1-22-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on January 23, 2025.
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