UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, DC.
`
`In the Matter of
`
`THEREOF
`
`CERTAIN MOBILE ELECTRONIC
`DEVICES AND RADIO FREQUENCY
`AND PROCESSING COMPONENTS
`
`Inv. N0. 337_TA_1065
`
`NOTICE OF INSTITUTION OF INVESTIGATION
`
`Institution of Investigation pursuant to 19 U.S.C. 1337
`
`AGENCY: US. International Trade Commission
`
`ACTION: Notice
`
`SUMMARY: Notice is hereby given that a complaint was filed with the US. International
`Trade Commission on July 7, 2017, under section 337 of the Tariff Act‘of 1930, as amended, on
`behalf of Qualcomm Incorporated of San Diego, California. A supplement was filed on July 7,
`2017. 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 and radio frequency and processing
`components thereof by reason of infringement of US. Patent No. 8,633,936 (“the ’936 patent”);
`US. Patent No. 8,698,558 (“the ’558 patent”); US. Patent No. 8,487,658 (“the ’658 patent”);
`‘ US. Patent No. 8,838,949 (“the ’949 patent”); US. Patent No. 9,535,490 (“the ’490 patent”);
`and US Patent No. 9,608,675 (“the ’675 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 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 am. to 5:15 pm.) in the Office of
`the Secretary, US. International Trade Commission, 500 E Street, S.W., 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 impairmmtswhoWillneed special'assis'tance'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 intemet server at
`https://www.usitc.gov. The public record for this investigation may be viewed on the
`Commission's electronic docket (EDIS) at https://edis.usitc.gov.
`
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`FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair
`Import Investigations, US. 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 CPR. 210.10 (2017).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the US. International
`Trade Commission, on August 8, 2017, 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)(l)(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 electronic devices and radio frequency and
`processing components thereof by reason of infringement of one or more of claims 1-27, 29, 38,
`49, 55—60, 67, and 68 ofthe ’936 patent; claims 1 and 6-20 ofthe ’558 patent; claims 9, 10, 12,
`14, and 20-22 of the ’658 patent; claims 1-8, 10-14, 16, 20, and 22 of the ’949 patent; claims 1-6,
`8, 10, 16, 17, and 31 of the ’490 patent; and claims 1-3 and 7—14 of the ’675 patent; and whether
`an industry in the United States exists as required by subsection (a)(2) of section 337;
`
`(2) Pursuant to Commission Rule 210.50(b)(1), 19 C,F.R. § 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. §§ 1337(d)(1), (f)(1), (g)(1);
`
`(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:
`
`Qualcomm Incorporated
`5775 Morehouse Drive
`
`San Diego, CA 92121
`
`(b) The respondent is the following entity alleged to be in Violation of section
`33 7, and is the party upon which the complaint is to be served:
`
`"Applets;
`V 1 Infinite Loop
`Cupertino, CA 95014
`
`”
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`(c) The Office of Unfair Import Investigations, US. International Trade
`_
`Commission, 500 E Street, S.W., Suite 401, ‘Washington, DC. 20436; and
`
`(4) For the investigation so instituted, the Chief Administrative Law Judge, US.
`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 respondent in accordance with section 210.13 of the Commission’s Rules of Practice and
`Procedure, 19 C.F.R. 210.13. Pursuant to 19 CPR. 201.16(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 the 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 8, 2017
`
`W779
`
`Lisa R. Barton
`
`Secretary to the Commission
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`UNITED STATES INTERNATHONAL TWE COMMESSION
`° Washington, DC.
`
`In the Matter of
`
`
`
`
`CERTAEN MOBILE ELECTRONIC DEVICES
`AND RADIO FREQUENCY AND PROCESSING
`
`
`COMPONENTS THEREOF
`\
`
`
`KIWI. No. 337—TA—1065
`
`DESIGNATION OF OUH ATTORNEY
`
`FOR SERVICE OF PROCESS
`
`The Office of Unfair Import Investigations (“OUII”) hereby designates Lisa Murray, Esq.
`
`(202) 205—2734, Lisa.Murray@usitc. gov, as OUII's lead attorney for service of process.
`
`It is
`
`requested that all documents served. by the Commission or filed by the parties in the
`
`. above—referenced investigation be served upon this attorney.
`
`The Office of Unfair-Import Investigation also designates Claire Comfort, Esq. (202)
`
`205—2160, Claire.Comfort@usitc.gov as an investigative attorney in this investigation.
`
`Respectfully submitted,
`
`
`
`
`.i’ ‘7 ,.»-L_,i.w’W
`/
`~
`i
`Margaret; Macdonald, Director
`
`OFFICE OF UNEATR IMPORT TNVESTEGATEONS
`US. International Trade Commission '
`
`500 E Street, S.W., Suite 401
`Washington, DC. 20436
`(202) 205-2560
`'(202) 205—2 1 58 (facsimile)
`
`‘
`
`August 8, 2017
`
`

`

`CERTAIN MOBILE ELECTRONIC DEVICES AND RADIO
`FREQUENCY AND PROCESSING COMPONENTS
`THEREOF
`
`,
`
`Inv.»No. 337-TA-1065
`'
`
`PUBLIC CERTIFICATE OF SERVICE
`
`1, Lisa R. Barton, hereby certify that the attached NOTICE OF INSTITUTION OF
`INVESTIGATION has been served by hand upon the Commission Investigative Attorney,
`CLAIRE COMFORT, Esq., and the following parties as indicated, on August 8, 2017.
`
`
`
`_
`Lisa R. Barton, Secretary
`US. International Trade Commission
`
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`El Via Hand Delivery
`
`Via Express Delivery
`Cl Via First Class Mail
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`D Other:
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`Complainants:
`
`Qualcomm Incorporated
`5775 Morehouse Drive
`
`San Diego, CA 92121
`
`On Behalf of Complainants:
`
`' S. Alex Lasher, Esq.
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`777 6‘“ Street, 11 th Floor
`Washington, DC 20005
`
`Cl Via Hand Delivery
`g Via Express Delivery
`El Via First Class Mail
`
`D Other:
`
`Respondents:
`
`Apple Inc.
`1 Infinite Loop
`Cupertino, CA 95014
`
`Government Agencies:
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`
`US. Department of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`D Via Hand Delivery
`
`Via Express Delivery
`CI Via First Class Mail
`
`Cl Other:
`
`‘
`
`Cl Via Hand Delivery
`
`El Via Express Delivery
`Via First Class Mail
`
`Cl Other:
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`CERTAIN MOBILE ELECTRONIC DEVICES AND RADIO
`FREQUENCY AND PROCESSING COMPONENTS
`THEREOF
`
`Inv. No. 337-TA-1065
`
`Certificate of Service — Page 2
`
`US. Bureau of Customs and Border Protection
`Intellectual Property Rights Branch
`Mint aneX Bulldlngth
`799 9 Street, NW, 7 floor
`Washington, DC 20229-1177
`
`'
`
`Elizabeth Kraus, Deputy Director
`1 International Antitrust, Office Of
`International Affairs
`'
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
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`v
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`-
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`Dale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`'
`
`El Via Hand Delivery '
`[3 Via Express Delivery
`Via First Class Mail
`D Other.
`'
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`'
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`1:! Via Hand Delivery
`El Via Express Delivery
`Via First Class Mail
`,
`D Other'_
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`[I Via Hand Delivery
`[:1 Via Express Delivery
`Via First Class Mail
`D Other:
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`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`August 8, 2017
`
`Apple Inc.
`1 Infinite Loop
`Cupertino, CA 95014
`
`- Re:
`
`Certain Mobile Electronic Devices and Radio Frequency and Processing
`Components Thereof
`Inv. N0.‘ 1065
`
`Dear Sir/Madam:
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Apple Inc.
`is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`Sincerely,
`,
`
`Lisa R. Barton
`
`I
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`Notice of Investigation
`Code of Federal Regulation
`Publication Regarding the Section 337 Mediation Program
`Certification of Receipt of Mediation Materials
`-
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`weww
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`UNTTED STATES INTERNATIONAL TRADE CONTMISSION
`
`WASHINGTON, DC 20436
`
`August 8, 2017
`
`Qualcomm Incorporated
`5775 Morehouse Drive
`
`. San Diego, CA 92121
`
`Re:
`
`Certain. Mobile Electronic Devices and Radio Frequency and Processing
`
`Components Thereof
`Inv. No. 337-TA—1065
`
`Dear Sir/Madam:
`
`This letter is to advise you that the US. International Trade Commission has institutedan
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission’s notice of investigation is-enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`‘
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`.
`
`_
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`»
`
`

`

`
`
`UNITED STATES INTERNATIONAL TRADE COIVIMISSION
`
`WASHINGTON, DC 20436
`
`August 8, 2017
`
`S. Alex Lasher
`
`Quinn Emanuel Urquhart & Sullivan ,LLP
`777 6th Street NW, 11th Floor
`Washington, DC 20001
`
`Re:
`
`Certain Mobile Electronic Devices and Radio Frequency and Processing
`
`Components Thereof
`Inv. No. 337-TA-1065
`
`Dear 8. Alex Lasher:
`
`This letter is to advise you that the US. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U'.S.C. 1337). A copy
`of the Commission's notice of investigation is encloSed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return _
`the enclosed certification ofreceipt.
`3
`'
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`I
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`A
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`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`_
`
`I:
`
`August 8, 2017
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`
`US. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re:
`
`Certain Mobile Electronic Devices and Radio Frequency and Processing
`Components Thereof
`Inv. No. 337-TA-1065
`
`Dear Mr. Hand:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. '
`1337). A copy of the Notice of Investigation is enclOsed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`‘
`
`If you have any questions concerning this investigation,please contact the Commission
`Investigative Attorney Whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`_
`
`Lisa R. Barton
`
`'
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`

`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`August 8, 2017
`
`Intellectual Property Rights Branch
`Regulations and Rulings
`.
`Office of International Trade
`US. Customs and Border Protection
`
`90 K Street, NE, 10th floor
`Washington, DC 20229-1177
`
`Re:
`
`Certain Mobile Electronic Devices and Radio Frequency and Processing
`
`Components Thereof
`Inv. No. 337-TA-1065
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A c0py of the Notice of Investigation is enc10sed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon. request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`' Lisa R. Barton
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`

`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`V August 8, 2017
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`International Affairs
`'
`
`Federal Trade Commission
`
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`'
`
`Re:
`
`Certain Mobile ElectrOnic Devices and Radio Frequency and Processing
`
`Components Thereof
`Inv. No. 337-TA-1065
`
`Dear Ms. Kraus:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non—confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-l802.
`‘
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney Whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`"
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`

`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`August 8, 2017
`
`Dale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`National Institutes of Health
`‘31 Center Drive
`
`, Bldg. 31, Rm. 47
`- Bethesda, MD 20892
`
`Re:
`
`Certain Mobile Electronic Devices and Radio Frequency and Processing
`Components Thereof
`Inv. N0. 337-TA-1065
`
`Dear Mr. Berkley:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (l 9 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205?1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely, W
`
`_.
`
`Lisa R. Barton _
`
`Secretary
`
`'
`
`Enclosure:
`
`1. Notice of Investigation
`
`