[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10311-10312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4692]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-631]
In the Matter of Certain Liquid Crystal Display Devices and
Products Containing the Same; Notice of Commission Determination To
Rescind 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 rescind the limited exclusion order and
cease and desist orders issued in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2310. 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
(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 January 25, 2008, based on a complaint filed by Samsung Electronics
Co., Ltd. (``Samsung'') of Korea. 73 FR 4626-27. The complaint, as
supplemented, 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 liquid crystal display (``LCD'') devices
and products containing the same by reason of infringement of certain
claims of U.S. Patent Nos. 7,193,666; 6,771,344 (``the `344 patent'');
7,295,196; and 6,937,311 (``the `311 patent''). The complaint further
alleged the existence of a domestic industry as to each asserted
patent. The Commission's notice of investigation named the following
respondents: Sharp Corporation of Japan; Sharp Electronics Corporation
of Mahwah, New Jersey; and Sharp Electronics Manufacturing Company of
America, Inc. of San Diego, California (collectively, ``Sharp'').
On January 26, 2009, the presiding administrative law judge
(``ALJ'') issued his final initial determination (``ID'') finding a
violation of section 337 by respondents as to the `311 and `344 patents
only, and issued his recommended determinations on remedy and bonding.
On February 9, 2009, Sharp and the Commission investigative attorney
(``IA'') filed petitions for review of the final ID. The IA and Samsung
filed responses to the petitions on February 17, 2009.
On March 30, 2009, the Commission determined to review several of
the ID's findings, and requested the parties to respond to certain
questions concerning those findings. The Commission also requested
written submissions on the issues of remedy, the public interest, and
bonding from the parties and interested non-parties. 74 FR 15301-02
(April 3, 2009).
On April 10 and April 17, 2009, respectively, complainant Samsung,
the Sharp respondents, and the IA filed briefs and reply briefs on the
issues for which the Commission requested written submissions. Also,
the Commission received four submissions from interested non-parties on
the issues of remedy, the public interest, and bonding.
On June 24, 2009, the Commission issued notice of its determination
to affirm-in-part and reverse-in-part the ID. The Commission affirmed
the ALJ's finding of a violation of section 337 with respect to claims
7 and 8 of the `344 patent, but reversed the ALJ's finding of a
violation with respect to the `311 patent. 74 FR 31311-12 (June 30,
2009)
Further, the Commission issued (as modified on December 14, 2009):
(1) A limited exclusion order prohibiting the unlicensed entry of LCD
devices, including display panels and modules, and LCD televisions or
professional displays containing the same that infringe claims 7 or 8
of the `344 patent, that are manufactured abroad by or on behalf of, or
are imported by or on
[[Page 10312]]
behalf of, Sharp, or any of its affiliated companies, parents,
subsidiaries, licensees, contractors, or other related business
entities, or successors or assigns; and (2) cease and desist orders
prohibiting Sharp Electronics Corp. and Sharp Electronics Manufacturing
Co. from conducting any of the following activities in the United
States: Importing, selling, marketing, advertising, distributing,
offering for sale, transferring (except for exportation), and
soliciting U.S. agents or distributors for, LCD devices, including
display panels and modules, and LCD televisions or professional
displays containing the same that are covered by claims 7 or 8 of the
`344 patent.
On February 12, 2010, complainant Samsung and respondent Sharp
filed a joint petition to rescind the remedial orders under Commission
Rule 210.76(a)(1) on the basis of a settlement agreement between the
parties. The parties asserted that their settlement agreement
constitutes ``changed conditions of fact or law'' sufficient to justify
rescission of the order under Commission Rule 210.76(a)(1), 19 CFR
210.76(a)(1). The IA did not oppose the joint petition.
Having reviewed the parties' submissions, the Commission has
determined that the settlement agreement satisfies the requirement of
Commission Rule 210.76(a)(1), 19 CFR 210.76(a)(1), that there be
changed conditions of fact or law. The Commission therefore has issued
an order rescinding the limited exclusion order and cease and desist
orders previously issued in this investigation.
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.76(a)(1) of the
Commission's Rules of Practice and Procedure (19 CFR 210.76(a)(1)).
Issued: March 1, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-4692 Filed 3-4-10; 8:45 am]
BILLING CODE 7020-02-P