InterDigital Inc (IDCC)

[my3sons87]

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–868]
Certain Wireless Devices With 3G and/
or 4G Capabilities and Components
Thereof; Commission Decision Not To
Review an Initial Determination
Regarding Substitution of
Respondents
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 116), substituting
Microsoft Mobility OY (‘‘MMO’’) for one
of the two Nokia respondents.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2532. 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 SW., Washington, DC 20436,
telephone [phone]. 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 February 5, 2013, based on a
complaint filed by InterDigital
Communications, Inc. of King of
Prussia, Pennsylvania, as well as
InterDigital Technology Corporation,
IPR Licensing, Inc., and InterDigital
Holdings, Inc., each of Wilmington,
Delaware (collectively, ‘‘InterDigital’’).
78 FR 8191 (Feb. 5, 2013). The
complaint alleged violations of section
337 of the Tariff Act of 1930, as
amended 19 U.S.C. 1337, by reason of
the infringement of certain claims from
seven United States Patents. The notice
of institution named ten respondents
including Nokia, Inc. of White Plains,
New York; and Nokia Corp. of Espoo,
Finland (collectively, ‘‘Nokia’’).
On September 2, 2013, Microsoft
Corp. (‘‘Microsoft’’), through an affiliate,
entered into a Stock and Asset Purchase
Agreement with Nokia Corp. (‘‘the
Purchase Agreement’’). Pursuant to the
Purchase Agreement, Microsoft
subsidiary Microsoft Mobility OY
(‘‘MMO’’) acquired substantially all of
Nokia’s Devices & Services Business,
which includes all of Nokia’s mobile
device business, including smartphones.
Those assets include the entirety of
respondent Nokia, Inc. as well as
substantial assets from Nokia Corp.,
which maintains other lines of business,
including network equipment and
mapping technology. Microsoft also
agreed to acquire all liabilities of Nokia
Corp. from pending litigations including
this investigation. Microsoft has
assumed control of defending this
investigation.
On May 20, 2014, Nokia and MMO
moved to substitute MMO for Nokia,
Inc. and Nokia Corp. On May 30, 2013,
InterDigital and the Commission
investigative attorney (‘‘IA’’) filed
responses in opposition.
On June 13, 2014, the ALJ issued the
subject ID (Order No. 116), which
substituted MMO for Nokia, Inc. but not
for Nokia Corp.
On June 23, 2014, the respondents
(Nokia, Inc.; Nokia Corp.; and MMO)
filed a petition for review of Order No.
116, seeking substitution as to Nokia
Corp. as well. On June 30, 2014,
InterDigital and the IA filed oppositions
to the respondents’ petition.
The Commission has determined not
to review the ID. The Commission notes
that pursuant to Commission Rule
210.21(c), 19 CFR 210.21(c), Nokia Corp.
may enter into a consent order to
terminate its participation in this
investigation.
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 Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR Part
210).
By order of the Commission.
Issued: July 14, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014–16881 Filed 7–17–14; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT