[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Page 47616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22332]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-687]
In the Matter of Certain Video Displays, Components Thereof, and
Products Containing Same; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 12, 2009, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
LG Electronics, Inc. of Korea. An amended complaint was filed on August
27, 2009. The amended complaint 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
video displays, components thereof, and products containing same by
reason of infringement of certain claims of U.S. Patent Nos. 5,790,096;
5,537,612; 5,459,522; and 7,154,564. The amended complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, is 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., 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 impairments who will need special assistance 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 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.
FOR FURTHER INFORMATION CONTACT: Jeffrey T. Hsu, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2579.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2009).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on September 10, 2009, 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)(1)(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 video
displays, components thereof, or products containing same that infringe
one or more of claims 24 and 25 of U.S. Patent No. 5,790,096; claims 1-
9 of U.S. Patent No. 5,537,612; claim 1 of U.S. Patent No. 5,459,522;
claims 1-5 and 7-16 of U.S. Patent No. 7,154,564, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) 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--LG Electronics, Inc., LG Twin Towers, 20,
Yeouido-dong, Yeongdeungpo-gu, Seoul, 150-721, Korea.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Funai Electric Company, Ltd., 7-7-1 Nakaigato, Daito City, Osaka, 574-
0013, Japan.
Funai Corporation, Inc., 201 Route 17 North, Suite 903, Rutherford, NJ
07070.
P&F USA, Inc., 3015 Windward Plaza, Ste. 100, Alpharetta, GA 30005-
8724.
Vizio, Inc., 39 Telsa, Irvine, CA 92618.
(c) The Commission investigative attorney, party to this
investigation, is Jeffrey T. Hsu, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondents in accordance with section
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR
210.13. Pursuant to 19 CFR 201.16(d) 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will
not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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 a respondent.
Issued: September 11, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-22332 Filed 9-15-09; 8:45 am]
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