Apple, Inc. v. Motorola, Inc. et al

Filing 12

Joint Motion to Stay Apple Inc.'s Claims and Motorola, Inc. and Motorola Mobility, Inc.'s Counterclaims Pursuant to 28 U.S.C. § 1659(a). Response due 12/7/2010. (Attachments: # 1 Exhibit 1 - Apple's ITC Complaint, # 2 Exhibit 2 - 337-TA-750 Federal Register Notice of Institution, # 3 Exhibit 3 - Mobility's ITC Complaint, # 4 Exhibit 4 - 337-TA-745 Federal Register Notice of Institution) (Peterson, James) Modified text on 12/1/2010 (llj/p).

Apple, Inc. v. Motorola, Inc. et al

Doc. 12 Att. 2

EXHIBIT 2

Dockets.Justia.com

Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices
(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: Qisda Corporation, 157 Shan-Ying Road Gueishan, Taoyuan 333, Taiwan. Qisda America Corporation, 8941 Research Drive, Suite 200, Irvine, CA 92618. Qisda (Suzhou) Co., Ltd., 169 Zhujiang Road, Suzhou, China 215015. BenQ Corporation, 16 Jihu Road, Neihu, Taipei 114, Taiwan. BenQ America Corporation, 15375 Barranca Parkway, Suite A­205, Irvine, CA 92618. BenQ Latin America Corporation, 8200 NW 33rd Street, Suite 301, Miami, FL 33122. AU Optronics Corporation, No. 1, LiHsin Road 2, Hsinchu Science Park, Hsinchu, Taiwan. AU Optronics Corporation America, 9720 Cypresswood Drive, Suite 241, Houston, TX 77070­3355. (c) The Commission investigative attorney, party to this investigation, is Daniel L. Girdwood, Esq., 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 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. Marilyn R. Abbott, Secretary to the Commission.
[FR Doc. 2010­30010 Filed 11­29­10; 8:45 am]
BILLING CODE 7020­02­P

74081

INTERNATIONAL TRADE COMMISSION
[Inv. No. 337­TA­750]

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 Commission's electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205­2781.
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 (2010).

In the Matter of Certain Mobile Devices and Related Software; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
AGENCY:

jdjones on DSK8KYBLC1PROD with NOTICES

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 29, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Apple Inc., f/ k/a Apple Computer, Inc. of Cupertino, California. 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 mobile devices and related software by reason of infringement of certain claims of U.S. Patent No. 7,812,828 (``the '828 patent''); U.S. Patent No. 7,663,607 (``the '607 patent''); and U.S. Patent No. 5,379,430 (``the '430 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 202­205­2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202­205­1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202­205­2000. General information concerning the
SUMMARY:

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 23, 2010, 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 mobile devices and related software that infringe one or more of claims 1, 2, 10, 11, 24­26 and 29 of the `828 patent; claims 1­7 and 10 of the `607 patent; and claims 1, 3, and 5 of the `430 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 is: Apple Inc., f/ k/a Apple Computer, Inc., 1 Infinite Loop, Cupertino, CA 95014. (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: Motorola, Inc., 1303 East Algonquin Road, Schaumburg, IL 60196; Motorola Mobility, Inc., 600 North U.S. Highway 45, Libertyville, IL 60048. (c) The Commission investigative attorney, party to this investigation, is Benjamin Levi, Esq., 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

VerDate Mar<15>2010

15:13 Nov 29, 2010

Jkt 223001

PO 00000

Frm 00083

Fmt 4703

Sfmt 4703

E:\FR\FM\30NON1.SGM

30NON1

74082

Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices
If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Mary Lynn Wolfe, [e-mail], Arson and Explosives Programs Division, Fax# (202) 648­9660, 99 New York Avenue, NE., Washington, DC 20226. Written comments and suggestions from the public and affected agencies concerning the proposed information collection are encouraged. Your comments should address one or more of the following four points:
--Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; --Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; --Enhance the quality, utility, and clarity of the information to be collected; and --Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

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 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: November 23, 2010. Marilyn R. Abbott, Secretary to the Commission.
[FR Doc. 2010­30013 Filed 11­29­10; 8:45 am]
BILLING CODE 7020­02­P

respond: It is estimated that 500 respondents will complete a 15 minute survey. An estimate of the total public burden (in hours) associated with the collection: There are an estimated 125 annual total burden hours associated with this collection. If additional information is required contact Lynn Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, 2 Constitution Square, Room 2E­502, 145 N Street, NE., Washington, DC 20530.
Dated: November 23, 2010. Lynn Murray, Department Clearance Officer, PRA, Department of Justice.
[FR Doc. 2010­30002 Filed 11­29­10; 8:45 am]
BILLING CODE 4410­FY­P

DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Job Corps Placement and Assistance Record
ACTION:

Notice.

Summary of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Customer Satisfaction Surveys. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: None. Bureau of Alcohol, Tobacco, Firearms and Explosives. (4) Affected public who will be asked or required to respond, Primary: State, Local or Tribal Government. Other: None. Need for Collection The Arson and Explosives Programs Division (AEPD) of the Bureau of Alcohol, Tobacco, Firearms and Explosives distribute program-specific customer satisfaction surveys to more effectively capture customer perception/ satisfaction of services. AEPD's strategy is based on a commitment to provide the kind of customer service that will better accomplish ATF's mission. An estimate of the total number of respondents and the amount of time estimated for an average respondent to

DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives
[OMB Number 1140­0091]

Agency Information Collection Activities: Proposed Collection; Comments Requested
ACTION:

60-Day notice of information collection under review: customer satisfaction surveys.

jdjones on DSK8KYBLC1PROD with NOTICES

The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This notice requests comments from the public and affected agencies concerning the proposed information collection. Comments are encouraged and will be accepted for ``sixty days'' until January 31, 2011. This process is conducted in accordance with 5 CFR 1320.10.

The Department of Labor (DOL) hereby announces the submission of the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Job Corps Placement and Assistance Record,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104­13, 44 U.S.C. chapter 35). DATES: Submit comments on or before December 30, 2010. ADDRESSES: A copy of this ICR, with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained from the RegInfo.gov Web site, http://www.reginfo.gov/ public/do/PRAMain or by contacting Michel Smyth by telephone at 202­693­ 4129 (this is not a toll-free number) or sending an e-mail to [e-mail]. Submit comments about this request to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, Employment and Training Administration (ETA), Office of Management and Budget, Room 10235,
SUMMARY:

VerDate Mar<15>2010

15:13 Nov 29, 2010

Jkt 223001

PO 00000

Frm 00084

Fmt 4703

Sfmt 4703

E:\FR\FM\30NON1.SGM

30NON1