[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Page 80844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32214]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-617]
In the Matter of Certain Digital Television Products and Certain
Products Containing Same and Methods of Using Same; Enforcement
Proceeding; Notice of Commission Decision Not To Review an Initial
Determination (Order No. 40) Granting a Motion To Terminate the
Enforcement Proceeding; Termination of 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 determined not to review the presiding administrative
law judge's (``ALJ'') initial determination granting complainants'
motion to withdraw the enforcement complaint in the above-captioned
proceeding, and has terminated the enforcement proceeding.
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 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 (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 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. 72 FR 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 television products 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 its investigation with
a finding of violation of Section 337 by reason of infringement of
claims 1, 5, and 23 of the `074 patent. 74 FR 17511 (2009). The
Commission issued a limited exclusion order prohibiting importation
into the United States of certain digital televisions and certain
products containing the same that are covered by one or more of claims
1, 5, and 23 of the `074 patent and that are manufactured abroad by or
on behalf of, or imported by or on behalf of the respondents in the
above referenced investigation.
On September 11, 2009, the Commission instituted an enforcement
proceeding based on an enforcement complaint filed by Funai, alleging
that certain respondents violated the Commission's limited exclusion
order and cease and desist orders. 74 FR 46793.
On May 26, 2010, the Federal Circuit issued a decision that
reversed certain Commission findings of infringement by so-called
``work-around'' products in the underlying investigation and ordered
the Commission to take action consistent with its opinion. See Vizio,
Inc. v. Int'l Trade Comm'n, 605 F.3d 1330 (Fed. Cir. 2010).
On November 23, 2010, Funai moved to withdraw its enforcement
complaint and terminate the enforcement proceeding. No party opposed
this motion. The ALJ granted Funai's motion and issued the subject
initial determination (``ID''). No petitions for review of the ID were
filed.
The Commission has determined not to review the subject ID, and has
terminated the enforcement proceeding.
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 210.42-43 of the Commission's Rules of Practice and
Procedure (19 CFR 210.42-43).
By order of the Commission.
Issued: December 17, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-32214 Filed 12-22-10; 8:45 am]
BILLING CODE 7020-02-P