In the Matter of Certain Color Television Receivers and Color Display Monitors, and Components Thereof; Notice of Investigation, 15883-15884 [05-6126]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Notices]
[Pages 15883-15884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6126]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-534]


In the Matter of Certain Color Television Receivers and Color 
Display Monitors, 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 complaint was filed with the 
U.S. International Trade Commission on February 24, 2005, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Thomson Licensing S.A. of Boulogne, France, and Thomson Licensing Inc. 
of Princeton, New Jersey. A letter supplementing the complaint was 
filed on March 18, 2005. The complaint, as supplemented, alleges 
violations of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain color television receivers and color display 
monitors, and components thereof, by reason of infringement of claims 1 
and 3 of U.S. Patent No. 4,836,651, claim 1 of U.S. Patent No. 
5,041,888, claims 1, 5, and 7 of U.S. Patent No. 5,153,754, claims 1, 
3, 5, and 6 of U.S. Patent No. 5,389,893, and claims 1 and 2 of U.S. 
Patent No. 5,452,195. The complaint further alleges that an industry in 
the United States exists as required by subsection (a)(2) of section 
337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, 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, D.C. 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 be 
obtained by accessing its Internet server (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.

FOR FURTHER INFORMATION CONTACT: Steven R. Pedersen, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2781.

    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 (2004).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 18, 2005, 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 color 
television receivers or color display monitors, or components thereof, 
by reason of infringement of claim 1 or 3 of U.S. Patent No. 4,836,651, 
claim 1 of U.S. Patent No. 5,041,888, claim 1, 5, or 7 of U.S. Patent 
No. 5,153,754, claim 1, 3, 5, or 6 of U.S. Patent No. 5,389,893, or 
claim 1 or 2 of U.S. Patent No. 5,452,195, 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 complainants are--

Thomson Licensing S.A., 46 quai Alphonse Le Gallo, 92648 Boulogne, 
France.
Thomson Licensing Inc., 2 Independence Way, Princeton, NJ 08540.

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

BenQ Corp., 157 Shan-Ying Rd., Gueishan, Taoyuan 333, Taiwan.
BenQ Optronics (Suzhou) Co., Ltd., 169 Zhujiang Rd., New District, 
Suzhou, Jiangsu, China 215011.
BenQ America Corp., 53 Discovery, Irvine, California 92618.
AU Optronics Corp., No. 1, Li-Hsin Road 2, Science-Based Industrial 
Park, Hsinchu 300, Taiwan.

    (c) Steven R. Pedersen, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as 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) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20

[[Page 15884]]

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 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 to authorize the administrative law judge and the 
Commission, without further notice to that respondent, to find the 
facts to be as alleged in the complaint and this notice and to enter 
both an initial determination and a final determination containing such 
findings, and may result in the issuance of a limited exclusion order 
or a cease and desist order or both directed against that respondent.

    By order of the Commission.

    Issued: March 23, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-6126 Filed 3-28-05; 8:45 am]
BILLING CODE 7020-02-P