[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81310-81311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32412]
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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; Notice of
Commission Determination To Modify a Limited Exclusion Order and Cease-
and-Desist Orders
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 to modify a limited exclusion order and
cease-and-desist orders issued in the above-captioned investigation
following the decision of the United States Court of Appeals for the
Federal Circuit in Vizio, Inc. v. U.S. International Trade Commission,
605 F.3d 1330 (Fed. Cir. 2010).
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
[[Page 81311]]
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 including Vizio
and AmTran. 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 this 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 within the scope of the investigation 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 various respondents in the above referenced investigation,
including Vizio, Inc. (``Vizio''); AmTran Technology Co., Ltd.
(``AmTran''); Syntax-Brillian Corporation (``SBC''); Taiwan Kolin Co.,
Ltd.; Proview International Holdings, Ltd.; Proview Technology
(Shenzhen) Co., Ltd.; Proview Technology, Ltd.; TPV Technology, Ltd.
(``TPV Technology''); TPV International (USA), Inc. (``TPV USA''); Top
Victory Electronics (Taiwan) Co., Ltd. (``Top Victory Electronics'');
and Envision Peripherals, Inc. (``Envision''). Cease-and-desist orders
were issued against Vizio, TPV USA, Envision, and SBC.
Respondents Vizio, AmTran, TPV Technology, TPV USA, Top Victory
Electronics, and Envision appealed to the United States Court of
Appeals for the Federal Circuit (``Federal Circuit''). On May 26, 2010,
the Federal Circuit issued a decision reversing certain Commission
findings of infringement by so-called ``work-around'' products and
ordering 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).
Shortly before the Federal Circuit issued its opinion, respondents
Vizio and AmTran settled with complainant Funai and moved to rescind
the limited exclusion order and cease-and-desist orders with respect to
these respondents. On August 9, 2010, the Commission rescinded the
limited exclusion order and the cease-and-desist orders with respect to
Vizio and AmTran.\1\
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\1\ The Commission has not modified the cease-and-desist order
directed to SBC because the findings of infringement by SBC were not
appealed and therefore remain intact.
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The Federal Circuit issued its mandate on October 28, 2010 sub nom.
TPV Technology v. U.S. International Trade Commission. In accordance
with the Federal Circuit's order, the Commission has determined to
modify the limited exclusion order and the cease-and-desist orders
directed to the activities of TPV USA and Envision.
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 210.76(a)(1) of the Commission's Rules of Practice and
Procedure (19 CFR 210.76(a)(1)).
By order of the Commission.
Issued: December 21, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-32412 Filed 12-23-10; 8:45 am]
BILLING CODE 7020-02-P