Certain Consumer Electronics With Display and Processing Capabilities; Notice of Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation, 12035-12036 [2015-05013]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Notices]
[Pages 12035-12036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05013]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-Ta-884]


Certain Consumer Electronics With Display and Processing 
Capabilities; Notice of Commission Determination To Grant a Joint 
Motion To Terminate the Investigation on the Basis of a Settlement 
Agreement; Termination of Investigation

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 grant the joint motion to terminate the 
above-captioned investigation based upon a settlement agreement. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this

[[Page 12036]]

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 
https://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://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 June 25, 2013, based on a complaint filed by Graphics Properties 
Holdings, Inc. of New Rochelle, New York (``GPH''), 78 FR 38072 (June 
25, 2013). The complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain consumer 
electronics with display and processing capabilities by reason of 
infringement of certain claims of United States Patent Nos. 6,650,327; 
8,144,158; and 5,717,881. The notice of investigation named several 
entities as respondents, including Toshiba Corporation of Tokyo, Japan, 
and Toshiba America Information Systems, Inc. of Irvine, California 
(collectively ``Toshiba''); Toshiba America, Inc. of New York, New York 
(``Toshiba America''). The Office of Unfair Import Investigations is a 
party to the investigation. The Commission has terminated the 
investigation with respect to the remaining respondents. See Notice 
(Aug. 16, 2013); Notice (Sept. 13, 2013); Notice (Dec. 20, 2013); 
Notice (Mar. 10, 2014); Notice (May 6, 2014). The Commission also later 
terminated the investigation in part with respect to certain claims of 
the asserted patents. Notice (Mar. 11, 2014); Notice (Apr. 25, 2014).
    On August 29, 2014, the presiding administrative law judge issued 
his final initial determination (``ID''), finding a violation of 
section 337 with respect to Toshiba but finding no violation with 
respect to Toshiba America. Toshiba petitioned for review of the final 
ID, and the Commission determined to review certain aspects of the 
final ID regarding Toshiba. No party, however, petitioned for review of 
the final ID's finding regarding Toshiba America, and the Commission 
determined not to review that issue. See 79 FR 65698 (Nov. 5, 2014).
    On October 30, 2014, the Commission determined to review the final 
ID in part with respect to issues of claim construction, validity, 
infringement, the domestic industry requirement, and Toshiba's 
affirmative defenses of licensing and RAND. 79 FR 65698 (November 5, 
2014). The notice of review requested briefing on various issues of 
violation, remedy, bonding, and the public interest. Id.
    The Commission twice extended the target date for completion of the 
investigation to accommodate the parties' settlement negotiations. 
Notice (Jan. 9, 2015); Notice (Feb. 4, 2015).
    On February 4, 2015, GPH, Toshiba and Toshiba America filed a joint 
motion to terminate the investigation based on a settlement agreement 
pursuant to Commission Rule Sec.  210.21(b). On February 18, 2015, the 
Commission investigative attorney filed a response supporting the joint 
motion.
    The Commission has determined to grant the joint motion and to 
terminate the investigation in its entirety.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: February 27, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-05013 Filed 3-4-15; 8:45 am]
 BILLING CODE 7020-02-P