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