This document below shows a similarly worded (and scrubbed!) posting from FEB 2013!
NOTICE OF COMMISSION DETERMINATION CONCERNING AN INITIAL
DETERMINATION GRANTING A MOTION TO AMEND COMPLAINT AND NOTICE
OF INVESTIGATION
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission did not
determine to review the presiding administrative law judge=s (“ALJ”) initial determination (“ID”)
(Order No. 17) granting a motion of complainants Technology Properties Limited LLC and
Phoenix Digital Solutions LLC of Cupertino, California and Patriot Scientific Corporation of
Carlsbad, California (collectively “Complainants”) to amend the Complaint and Notice of
Investigation (“NOI”). The ID therefore became the determination of the Commission.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
telephone (202) 708-2301. Copies of non-confidential documents filed in connection with this
investigation are or will be 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,
S.W., Washington, D.C. 20436, telephone (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 Commission=s electronic docket (EDIS)
at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can
be obtained by contacting the Commission=s TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
August 24, 2012, based on a complaint filed by Complainants. 77 Fed. Reg. 51572-573 (August
24, 2012). The complaint alleges violations of Section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. § 1337, by reason of infringement of certain claims of U.S. Patent No.
5,809,336. The complaint further alleges the existence of a domestic industry. The
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Commission’s notice of investigation named numerous respondents, including Huawei
Technologies Co, Ltd. of Shenzhen, China (“Huawei”); Huawei North America of Plano, Texas
(“Huawei North America”); Sierra Wireless, Inc. of British Columbia, Canada and Sierra
Wireless America, Inc. of Carlsbad, California (collectively “Sierra”). The Office of Unfair
Import Investigation was also named as a participating party. On February 4, 2013, the
Commission terminated the investigation with respect to Sierra. Notice (Feb. 4, 2013); see Order
No. 17 (Jan. 15, 2013).
On November 13, 2012, Complainants filed a motion to amend the Complaint and NOI to
remove Huawei North America as a respondent and to add Huawei Device Co., Ltd., Huawei
Device USA Inc., and Futurewei Technologies, Inc. (collectively, “Proposed Respondents”) as
respondents. On November 23, 2012, the Commission investigative staff filed a response in
support of the motion. On November 26, 2012, Huawei and Proposed Respondents filed a
response opposing the motion.
On January 8, 2013, the ALJ issued the subject ID, granting Complainants’ motion to
amend the Complaint and NOI pursuant to section 210.14(b)(1) of the Commission=s Rules of
Practice and Procedure (19 C.F.R. ' 210.14(b)(1)). The ALJ found that good cause supported
granting the motion because the public interest will be best served by the inclusion of all relevant
parties in a single investigation. No petitions for review of this ID were filed.
The subject ID became the determination of the Commission on February 8, 2013, under
section 210.42(h)(3) of the Commission=s Rules of Practice and Procedure (19 C.F.R. '
210.42(h)(3)).
The authority for the Commission=s determination is contained in section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. ' 1337), and in section 210.42 of the Commission=s
Rules of Practice and Procedure (19 C.F.R. ' 210.42).
By order of the Commission.
/s/
Lisa R. Barton
Acting Secretary to the Commission
Issued: February 15, 2013
