In the Matter of Certain Personal Computer/Consumer Electronic Convergent Devices, Components Thereof, and Products Containing Same; Notice of Investigation, 363-364 [E5-8258]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Notices]
[Pages 363-364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8258]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-558]


In the Matter of Certain Personal Computer/Consumer Electronic 
Convergent Devices, Components Thereof, and Products Containing Same; 
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 December 6, 2005, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
InterVideo Digital Technology Corporation of Taiwan. The complaint 
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 personal computer/consumer electronic 
convergent devices, components thereof, and products containing same by 
reason of infringement of claims 1-10 of U.S. Patent No. 6,765,788 
(``the '788 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 a permanent limited 
exclusion order and cease and desist orders.
    On November 15, 2004, a petition for ex parte reexamination of the 
'788 patent was filed by Daniel R. McClure. Complaint, ] 58, p. 14, 
Exh. 19. On February 9, 2005, the U.S. Patent and Trademark Office 
(``PTO'') granted the petition and on November 30, 2005, the PTO issued 
a First Office Action rejecting all ten claims of the '788 patent. 
Complaint, ] 58, p. 14, Exh. 19. In view of the foregoing reexamination 
proceedings, which could result in disallowance or amendment of the 
asserted claims, the Commission is ordering the presiding 
Administrative Law Judge to issue an initial determination (``ID'') 
concerning whether the investigation should be stayed pending the 
completion of the reexamination of the '788 patent.

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

[[Page 364]]

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.

FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

    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 (2005).
    Scope Of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 29, 2006, 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 personal 
computer/consumer electronic convergent devices, components thereof, 
and products containing same by reason of infringement of one or more 
of claims 1-10 of U.S. Patent No. 6,765,788, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337.
    (2) The presiding Administrative Law Judge shall set the target 
date pursuant to Commission Rule 210.51, 19 CFR 210.51, and, as soon as 
is practicable, issue an ID concerning whether to stay the proceedings 
in light of the reexamination of the `788 patent. The Administrative 
Law Judge is authorized to receive briefing on the issue of whether to 
grant a stay of the proceedings as he deems necessary;
    (3) The ID issued pursuant to the preceding paragraph (whether 
issuing or denying a stay) shall be deemed an ID under Rule 210.42(c) 
of the Commission's Rules of Practice and Procedure (19 CFR 210.42(c)) 
and the parties to the investigation may petition for review of the ID 
or the Commission may determine to review the ID on its own motion;
    (4) 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--InterVideo Digital Technology Corporation, 
7F, No. 19-5, Sanchong Road, Nankang District, Taipei, Taiwan 115 
R.O.C.
    (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:

Dell, Inc., One Dell Way, Round Rock, Texas 78682.

WinBook Computer Corporation, 1555 W. Lane Avenue, Columbus, OH 43221.
Cyberlink Corp., 15F, 100, Ming-Chiuan Road, Hsin-Tien City, Taipei 
Hsien, Taiwan, R.O.C.
Cyberlink.com Corporation, 46750 Fremont Boulevard, Suite, Fremont, 
California 94538.

    (c) Jay H. Reiziss, 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
    (5) 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 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 
respondents, to find the facts to be as alleged in the complaint and 
this notice and to enter a final determination containing such 
findings, and may result in the issuance of a limited exclusion order 
or cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: December 29, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E5-8258 Filed 1-3-06; 8:45 am]
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