[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Notices]
[Pages 20860-20861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9201]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-713]
Certain Display Devices, Including Digital Televisions and
Monitors; 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 March 18, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Sony Corporation of Japan. A letter supplementing the complaint was
filed on April 14, 2010. The 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 display devices, including digital televisions and monitors by
reason of infringement of certain claims of U.S. Patent Nos. 5,434,626;
5,751,373; 6,111,614; 5,583,577; 5,684,542; 5,731,847; 6,661,472;
6,816,131; Re 38,055 and Re 40,468. The 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 cease and desist orders.
ADDRESSES: The 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: Mareesa A. Frederick, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2055.
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 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 14, 2010, 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 display
devices, including digital televisions or monitors that infringe one or
more of claims 41, 44, 45, 61, and 64 of U.S. Patent No. Re 38,055;
claims 41-44 of U.S. Patent No. Re 40,468; claims 13, 15, 19, and 20 of
U.S. Patent No. 5,583,577; claims 6 and 8 of U.S. Patent No. 5,684,542;
claims 11, 12, 16, 27, 33-35, and 39-41 of U.S. Patent No. 5,731,847;
claims 1-4, 8, and 11-15 of U.S. Patent No. 6,661,472; claims 1, 4, 20-
22, 29, 30, 32, and 33 of U.S. Patent No. 5,434,626; claims 1 and 5 of
U.S. Patent No. 5,751,373; claims 1-4 of U.S. Patent No. 6,111,614; and
claims 9, 12, 17, 19, 25, 26, 28, and 35 of U.S. Patent No. 6,816,131,
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:
Sony Corporation, 1-7-1, Konan, Minato-ku, Tokyo, Japan.
[[Page 20861]]
(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:
TPV Technology Limited, Suite 1023, 10th Floor, Ocean Centre, Harbour
City, 5 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong.
Top Victory Electronics (Taiwan) Co., Ltd., 10F, No. 230, Liancheng
Road, Zhounghe City, Taipei County, Taiwan.
TPV International (USA), Inc., 3737 Executive Center Drive, Suite 261,
Austin, Texas 78731.
Envision Peripherals, Inc., 47490 Seabridge Drive, Fremont, California
94538.
Top Victory Investments Ltd., Suite 1023, 10th Floor, Ocean Centre,
Harbour City, Tsim Sha Tsui, Kowloon, Hong Kong.
TPV Electronics (Fujian) Co., Ltd., Yuan Hong Road, Shang-zheng, Fuqing
City, Fujian Province, China.
TPV Display Technology (Wuhan) Co., Ltd., Unique No. 11 of Zhuankou
Development, District of Economic Technological, Development Zone,
Wuhan City, China.
TPV Technology (Beijing) Co., Ltd., No. 10, Jiuxianqiao Road, Chaoyang
District, Beijing, China 100016.
Chimei Innolux Corporation, No. 160 Kesyue Road, Jhunan Science Park,
Miaoli County 350, Taiwan.
Innolux Corporation, 2525 Brockton Drive, Suite 300, Austin, Texas
78758.
ViewSonic Corporation, 381 Brea Canyon Road, Walnut, California 91789.
(c) The Commission investigative attorney, party to this
investigation, is Mareesa A. Frederick, 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 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)-(e) 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 complaint and the notice
of investigation. Extensions of time for submitting responses to the
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 complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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 the respondent.
Issued: April 16, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-9201 Filed 4-20-10; 8:45 am]
BILLING CODE 7020-02-P