[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Pages 12994-12995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5399]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-764]
In the Matter of Certain Digital Televisions and Components
Thereof, and Certain Electronic Devices Having a Blu-Ray Disc Player
and Components Thereof; 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 first complaint was filed with
the U.S. International Trade Commission on February 4, 2011, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on
behalf of LG Electronics, Inc. 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 digital televisions and components thereof by
reason of infringement of certain claims of U.S. Patent No. 6,785,906
(the '906 patent), U.S. Patent No. RE 37,326 (the '326 patent), U.S.
Patent No. 5,533,071 (the '071 patent), and U.S. Patent No. 5,923,711
(the '711 patent). 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 a cease and desist order.
Notice is also given that a second complaint was filed with the
U.S. International Trade Commission on February 4, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
LG Electronics, Inc. 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 electronic devices having a Blu-ray Disc player and components
thereof by reason of infringement of certain claims of U.S. Patent No.
7,701,835 (the '835 patent), U.S. Patent No. 7,577,080 (the '080
patent), U.S. Patent No. 7,619,961 (the '961 patent), and U.S. Patent
No. 7,756,398 (the '398 patent). 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 a cease and desist order.
ADDRESSES: The complaints, except for any confidential information
contained therein, are 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: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2571.
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 complaints, the U.S.
International Trade Commission, on March 3, 2011, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, a consolidated 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 digital televisions and components thereof that infringe one or
more of claims 1-9, 11-12, and 16-19 of the '906 patent, claims 29, 32,
35, 38 and 40 of the '326 patent, claim 1 of the '071 patent, and
claims 1, 14, 31, and 38 of the '711 patent; 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 electronic devices
having a Blu-ray Disc player and components thereof that infringe one
or more of claims 14-20 and 27-33 of the '835 patent, claims 16-29 of
the '080 patent, claims 1-2, 5-7, 9-10 and 13-15 of the '961 patent and
[[Page 12995]]
claims 10 and 14 of the '398 patent; 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:
Sony Corporation, 7-1 Konan, 1-chome, Minato-ku, Tokyo 108-0075, Japan;
Sony Corporation of America, 550 Madison Avenue, New York, NY 10022;
Sony Electronics, Inc., 16530 Via Esprillo, San Diego, CA 92127;
Sony Computer Entertainment, Inc., 2-6-21, Minami-Aoyama, Minato-ku,
Tokyo 107-0062, Japan;
Sony Computer Entertainment America LLC, 919 East Hillsdale Blvd.,
Foster City, CA 94404.
(c) The Commission investigative attorney, party to this
investigation, is Thomas S. Fusco, 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 complaints 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 complaints and the notice
of investigation. Extensions of time for submitting responses to the
complaints and the notice of investigation will not be granted unless
good cause therefore is shown.
Failure of a respondent to file a timely response to each
allegation in the complaints and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaints 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 complaints 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.
By order of the Commission.
Issued: March 3, 2011.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-5399 Filed 3-8-11; 8:45 am]
BILLING CODE 7020-02-P