[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46793-46794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21901]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-617]
In the Matter of Certain Digital Televisions and Certain
Products Containing Same and Methods of Using Same; Enforcement
Proceeding; Notice of Institution of Formal Enforcement Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has instituted a formal enforcement proceeding relating to
the limited exclusion order and cease and desist orders issued at the
conclusion of the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of all
nonconfidential 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 202-205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server
(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 the matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 15, 2007, based on a complaint filed by Funai Electric Co.,
Ltd. of Japan and Funai Corporation of Rutherford, New Jersey
(collectively ``Funai'') against several respondents including Vizio,
Inc. of Irvine, California (``Vizio''); AmTran Technology Co., Ltd. of
Taiwan (``AmTran''); Syntax-Brillian Corporation of Tempe, Arizona
(``SBC''); Taiwan Kolin Co., Ltd. of Taiwan (``Taiwan Kolin''); Proview
International Holdings, Ltd. of Hong Kong (``Proview International'');
Proview Technology (Shenzhen) Co., Ltd. of China (``Proview
Shenzhen''); Proview Technology, Ltd. of Garden Grove, California
(``Proview Technology''); TPV Technology, Ltd. of Hong Kong (``TPV
Technology''); TPV International (USA), Inc. of Austin, Texas (``TPV
USA''); Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan (``Top
Victory Electronics''); and Envision Peripherals, Inc. of Fremont,
California (``Envision''), among others. 72 Fed. Reg. 64240 (2007). The
complaint alleged violations of Section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. * 1337, in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain digital televisions and certain products
containing same by reason of infringement of one or more claims of U.S.
Patent Nos. 6,115,074 (``the `074 patent'') and 5,329,369.
On April 10, 2009, the Commission terminated this investigation
with a finding of violation of Section 337 by reason of infringement of
claim 1, 5, and 23 of the `074 patent. 74 FR 17511 (2009). The
Commission determined that the appropriate form of relief is (1) a
limited exclusion order under 19 U.S.C. * 1337(d)(1) prohibiting the
unlicensed entry of certain digital televisions and certain products
containing the same that infringe one or more of claims 1, 5, and 23 of
the `074 patent, and are manufactured abroad by or on behalf of, or
imported by or on behalf of, Vizio, AmTran, TPV Technology, TPV USA,
Top Victory Electronics, Envision, Taiwan Kolin, SBC, Proview
International, Proview Shenzhen, Proview Technology; and (2) cease and
desist orders directed to Vizio, TPV USA, SBC, Proview Technology, and
Envision.
On August 14, 2009, Funai filed a complaint seeking enforcement
proceedings under Commission Rule 210.75, 19 CFR 210.75. The complaint
alleges that Vizio, AmTran, TPV Technology, TPV USA, Top Victory
Electronics, Envision, Proview International, Proview Shenzhen, Proview
Technology, Suzhou Raken Technology Ltd. of China (``Suzhou''), and Top
Victory Investments, Ltd. of Hong Kong (``Top Victory Investments'')
have violated the limited exclusion order and/or the cease and desist
orders issued at the conclusion of the original investigation.
Funai's enforcement complaint also requests that the Commission
seek temporary emergency action under Commission rule 210.77, 19 CFR
210.77, to modify its remedial orders to make express that all
respondents' ATSC-compliant digital televisions are presumed to
infringe the `074 patent. The Commission has denied this request for
temporary emergency action because the Commission does not have the
information necessary to determine whether respondents are currently
violating the Commission's limited exclusion and cease and desist
orders.
Having examined the complaint seeking a formal enforcement
proceeding, and having found that the complaint complies with the
requirements for institution of a formal enforcement proceeding
contained in Commission rule 210.75, 19 CFR 210.75 the Commission has
determined to institute a formal enforcement proceeding to determine
whether the respondents are in violation of the Commission's limited
exclusion order and cease and desist orders issued in the
investigation, and what, if any, enforcement measures are appropriate.
The following entities are named as parties to the formal enforcement
proceeding: (1) Complainant Funai, (2) respondents Vizio, AmTran, TPV
Technology, TPV USA, Top Victory Electronics, Envision, Proview
International, Proview Shenzhen,
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Proview Technology, Suzhou, and Top Victory Investments; and (3) a
Commission investigative attorney to be designated by the Director,
Office of Unfair Import Investigations.
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 210.75 of the Commission's Rules of Practice and Procedure
(19 CFR 210.75).
By order of the Commission.
Issued: September 4, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-21901 Filed 9-10-09; 8:45 am]
BILLING CODE 7020-02-P