Microsoft Corporation v. Barnes & Noble, Inc. et al

Filing 34

MOTION to Stay by Defendants Foxconn Electronics, Inc., Foxconn International Holdings Ltd., Foxconn Precision Component Co., Ltd., Hon Hai Precision Industry Co., Ltd.. (Attachments: # 1 Declaration of Inchan A. Kwon, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order) Noting Date 6/3/2011, (Stewart, Douglas)

EXHIBIT C

22918

Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices

INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–769]

In the Matter of Certain Handheld
Electronic Computing Devices, Related
Software, and Components Thereof;
Notice of Investigation

Commission’s electronic docket (EDIS)
at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone [phone].

AGENCY:

U.S. International Trade
Commission.
ACTION: Notice.

Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2011).

Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
March 21, 2011, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Microsoft
Corporation of Redmond, Washington.
An amended complaint and additional
exhibits were filed on April 8, 2011 and
April 12, 2011. 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 handheld
electronic computing devices, related
software, and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 5,778,372 (‘‘the ’372
patent’’); U.S. Patent No. 5,889,522 (‘‘the
’522 patent’’); U.S. Patent No. 6,339,780
(‘‘the ’780 patent’’); U.S. Patent No.
6,891,551 (‘‘the ’551 patent’’); and U.S.
Patent No. 6,957,233 (‘‘the ’233 patent’’).
The complaint further alleges that an
industry in the United States exists as
required by subsection (a)(2) of section
337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street, SW., Room
112, Washington, DC 20436, telephone
202–205–2000. 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 http://
www.usitc.gov. The public record for
this investigation may be viewed on the

Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
April 18, 2011, 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 handheld
electronic computing devices, related
software, and components thereof that
infringe one or more of claims 1 and 5
of the ’372 patent; claims 1, 2, and 12
of the ’522 patent; claims 1–6, 9–14, 17–
26, and 29–42 of the ’780 patent; claims
1–3, 5, and 7–11 of the ’551 patent;
claims 21 and 22 of the ’233 patent, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) 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: Microsoft
Corporation, One Microsoft Way,
Redmond, WA 98052.
(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:
Barnes & Noble, Inc., 122 Fifth Avenue,
New York, NY 10011.
barnesandnoble.com LLC, 76 9th
Avenue, 9th Floor, New York, NY
10011.
Hon Hai Precision Industry Co., Ltd., 2
Zihyou Street, Tucheng City, Taipei
County, 236, Taiwan.
Foxconn Electronics, Inc., 2 Zihyou
Street, Tucheng City, Taipei County,
236, Taiwan.
Foxconn Precision Component
(Shenzhen) Co. Ltd., No. 2, East Ring
Road, No. 10 Industrial Zone,
Yousong, Longhua, Shenzhen,
Guandong 518109, China.
Foxconn International Holdings Ltd., 8F
Peninsula Tower, 538 Castle Peak
Road, Cheung Sha Wan Kowloon,
New Territories, Hong Kong.

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SUMMARY:

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Inventec Corporation, Inventec
Building, No. 66 Hou-Kang Street,
Shin-Lin District, Taipei County, 111,
Taiwan.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street, SW., Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Honorable Paul J. Luckern, 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(d)–(e) and 210.13(a),
such responses will be considered by
the Commission if received not later
than 20 days after the date of service by
the Commission 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 therefore 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.
Issued: April 19, 2011.
By order of the Commission.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011–9890 Filed 4–22–11; 8:45 am]
BILLING CODE P

DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Clean Air Act
Notice is hereby given that on April
19, 2011, a proposed Consent Decree in
United States et al. v. Terra Industries
Inc. et al., Civ. A. No. 5:11–cv–04038
was lodged with the United States Court
for the Northern District of Iowa.
In this action, the United States and
Co-Plaintiff States of Iowa, Mississippi

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