In the Matter of Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same; Notice of Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Orders, 17511-17512 [E9-8600]

Download as PDF Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices National Register of Historic Places from February 23 to February 28, 2009. For further information, please contact Edson Beall via: United States Postal Service mail, at the National Register of Historic Places, 2280, National Park Service, 1849 C St. NW., Washington, DC 20240; in person (by appointment), 1201 Eye St., NW., 8th floor, Washington DC 20005; by fax, 202–371–2229; by phone, 202–354– 2255; or by e-mail, Edson_Beall@nps.gov. OKLAHOMA Dated: April 9, 2009. J. Paul Loether, Chief, National Register of Historic Places/ National Historic Landmarks Program. Usher, Christian K., Luston House, 1135 E. Moses, Cushing, 09000079, Listed, 2/23/09 (Lustron Houses of Oklahoma) Kay County INTERNATIONAL TRADE COMMISSION Parkside Elementary School, 502 E. College, Blackwell, 09000075, Listed, 2/23/09 [Investigation No. 337–TA–617] OKLAHOMA Payne County Reifsnyder, Josephine, Luston House, 2119 Sherwood, Stillwater, 09000078, Listed, 2/ 23/09 (Lustron Houses of Oklahoma) OKLAHOMA Payne County OKLAHOMA Key Washington County State, County, Property Name, Address/Boundary, City, Vicinity, Reference Number, Action, Date, Multiple Name. House at 1554 SW. Rogers, Bartlesville, 09000080, Listed, 2/23/09 (Lustron Houses of Oklahoma) OREGON DELAWARE Benton County New Castle County Carney, John, Agricultural Complex, 4300 Thompson Bridge Rd., Greenville Vicinity, 09000050, Listed, 2/25/09 DELAWARE Whiteside Theatre, 361 SW. Madison Ave., Corvallis, 09000060, Listed, 2/25/09 OREGON Lane County Rosemont, 15 ⁄ Cragmere Rd., Wilmington Vicinity, 09000051, Listed, 2/27/09 Boyer, Clarence and Ethel, House, 1138 E. 22nd Ave., Eugene, 09000061, Listed, 2/25/ 09 DELAWARE VIRGINIA Sussex County Franklin County Woman’s Christian Temperance Union Fountain, Boardwalk at Rehoboth Ave., Rehoboth Beach, 09000052, Listed, 2/28/09 Piedmont Mill Historic District, 1709 Alean Rd., Boones Mill Vicinity, 09000063, Listed, 2/27/09 FLORIDA VIRGINIA Charlotte County Henrico County Babcock, Clarence L., House, 25537 Shore Dr., Punta Gorda, 09000053, Listed, 2/25/ 09 Druin-Horner House, 9904 River Rd., Richmond vicinity, 09000064, Listed, 2/25/ 09 New Castle County 12 MASSACHUSETTS VIRGINIA Middlesex County Martinsville Independent City Coolidge School, 319 Arlington St., Watertown, 09000055, Listed, 2/25/09 NEW YORK Dry Bridge School, 1005 Jordan St., Martinsville, 09000065, Listed, 2/25/09 (Rosenwald Schools in Virginia MPS) Suffolk County VIRGINIA Hopkins, Samuel, House, 415 Pipe Stave Hollow Rd., Miller Place, 09000057, Listed, 2/26/09 Petersburg Independent City NEW YORK rwilkins on PROD1PC63 with PROPOSALS Suffolk County Shelter Island Country Club, 26 Sunnyside Ave., Shelter Island, 09000058, Listed, 2/ 25/09 South Chappell Street Car Barn, 124 South Chappell St., Petersburg, 09000066, Listed, 2/25/09 [FR Doc. E9–8566 Filed 4–14–09; 8:45 am] BILLING CODE OKLAHOMA Kay County Northside Elementary School, 720 W. Doolin Ave., Blackwell, 09000074, Listed, 2/23/09 VerDate Nov<24>2008 16:44 Apr 14, 2009 Jkt 217001 17511 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 In the Matter of Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same; Notice of Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Orders AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined that there is a violation of 19 U.S.C. 1337 by Vizio, Inc. of Irvine, California (‘‘Vizio’’); AmTran Technology Co., Ltd. of Taiwan (‘‘AmTran’’); Syntax-Brillian Corporation of Tempe, Arizona (‘‘SBC’’); Taiwan Kolin Co., Ltd. of Taiwan (‘‘Taiwan Kolin’’); Proview International Holdings, Ltd. of Hong Kong (‘‘Proview International’’); Proview Technology (Shenzhen) Co., Ltd. of China (‘‘Proview Shenzhen’’); Proview Technology, Ltd. of Garden Grove, California (‘‘Proview Technology’’); TPV Technology, Ltd. of Hong Kong (‘‘TPV Technology’’); TPV International (USA), Inc. of Austin, Texas (‘‘TPV USA’’); Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan (‘‘Top Victory’’); and Envision Peripherals, Inc. of Fremont, California (‘‘Envision’’) (collectively, ‘‘respondents’’) in the above-captioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–1999. Copies of non-confidential documents filed in connection with this 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 E:\FR\FM\15APN1.SGM 15APN1 rwilkins on PROD1PC63 with PROPOSALS 17512 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on November 15, 2007, based on a complaint filed by Funai Electric Co., Ltd. of Japan and Funai Corporation of Rutherford, NJ (collectively ‘‘Funai’’), alleging violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital televisions and certain products containing the same by reason of infringement of certain claims of United States Patent Nos. 5,329,369 (‘‘the ’369 patent’’) and 6,115,074 (‘‘the ’074 patent’’). 72 FR 64240 (November 15, 2007). The complaint named fourteen respondents. Subsequent to institution, certain respondents were terminated from the investigation based on settlement agreements. On November 17, 2008, the ALJ issued his final initial determination (‘‘ID’’), finding that a violation of section 337 has occurred in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital televisions and certain products containing the same by reason of infringement of claims 1, 5, and 23 of the ’074 patent. The ALJ found that no violation exists with respect to the ’369 patent. Respondents, the Commission investigative attorney (‘‘IA’’), and complainant Funai each filed petitions for review of the ID on December 1, 2008. The IA, the respondents, and complainant Funai each filed responses to the petitions for review on December 9, 2008. On February 11, 2009, the Commission determined to review the ALJ’s determination that the respondents infringe claim 23 of the ’074 patent and requested written submissions on the issues under review, remedy, the public interest, and bonding. On February 24, 2009, the parties filed opening submissions, and on March 3, 2009, the parties filed response submissions. Several nonparties, including MediaTek, Inc., Taipei Economic and Cultural Representative Office, and Congressman Adam Schiff of California, also filed submissions addressing issues related to remedy, the public interest, and bonding. On March 5, 2009, the respondents filed a motion for leave to file a surreply to Funai’s response submission on remedy, the public interest, and bonding. Both the IA and Funai VerDate Nov<24>2008 16:44 Apr 14, 2009 Jkt 217001 opposed this motion. The Commission has determined to deny the respondents’ motion for leave to file a sur-reply. INTERNATIONAL TRADE COMMISSION Having examined the record of this investigation, including the ALJ’s final ID, the Commission has determined to (1) reverse the ALJ’s findings that the Proview and TPV respondents directly infringe claim 23 of the ’074 patent and (2) affirm the ALJ’s conclusion that all respondents induce infringement of claim 23 of the ’074 patent. In the Matter of Certain Cigarettes and Packaging Thereof; Notice of Commission Determination To Review the Presiding Administrative Law Judge’s Initial Summary Determination of Violation; Schedule for Written Submissions The Commission has determined that the appropriate form of relief is (i) a limited exclusion order prohibiting the unlicensed entry of digital televisions and products containing the same that infringe one or more of claims 1, 5, and 23 of the ’074 patent and are manufactured abroad by or on behalf of, or imported by or on behalf of, Vizio, AmTran, SBC, Taiwan Kolin, Proview International, Proview Shenzhen, Proview Technology, TPV Technology, TPV USA, Top Victory, and Envision; and (ii) cease and desist orders against domestic respondents Vizio, Proview Technology, TPV USA, Envision and SBC. The Commission further determined that the public interest factors enumerated in section 337(d) and (f)(19 U.S.C. 1337(d), (f)) do not preclude issuance of the limited exclusion order and the cease and desist orders. Finally, the Commission determined that the amount of bond during the Presidential review period (19 U.S.C. 1337(j)) shall be in the amount of two dollars and fifty cents ($2.50) per article that is subject to the order. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. 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 sections 210.42–50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–50). Issued: April 10, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–8600 Filed 4–14–09; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 [Investigation No. 337–TA–643] AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in its entirety the administrative law judge’s (‘‘ALJ’’) initial summary determination (‘‘ID’’) (Order No. 19) in the above-captioned investigation, in which he granted the complainant’s motion for a summary determination of violation. FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3112. Copies of the ALJ’s IDs and all other non-confidential documents filed in connection with this 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: On April 4, 2008, the Commission instituted this investigation, based on a complaint filed by Philip Morris USA Inc., naming Alcesia SRL; Emarket Systems Ltd. (d.b.a. https://all-discountcigarettes.com); Jamen Chong (d.b.a. https://asiadfs.com); Tri-kita (d.b.a. https://cheapcigarettes4all.com); Mr. Eduard Lee (d.b.a. https:// cigarettesonlineshop.com); Zonitech Properties Limited (d.b.a. https:// cigline.net); Zonitech Properties Limited (d.b.a. https://shopping-heaven.com); Cendano (d.b.a. https://galastore.com); Ms. Svetlana Trevinska (d.b.a. https:// E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Notices]
[Pages 17511-17512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8600]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-617]


 In the Matter of Certain Digital Televisions and Certain 
Products Containing Same and Methods of Using Same; Notice of 
Commission Final Determination of Violation of Section 337; Termination 
of Investigation; Issuance of Limited Exclusion Order and Cease and 
Desist Orders

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that there is a violation of 19 U.S.C. 1337 
by Vizio, Inc. of Irvine, California (``Vizio''); AmTran Technology 
Co., Ltd. of Taiwan (``AmTran''); Syntax-Brillian Corporation of Tempe, 
Arizona (``SBC''); Taiwan Kolin Co., Ltd. of Taiwan (``Taiwan Kolin''); 
Proview International Holdings, Ltd. of Hong Kong (``Proview 
International''); Proview Technology (Shenzhen) Co., Ltd. of China 
(``Proview Shenzhen''); Proview Technology, Ltd. of Garden Grove, 
California (``Proview Technology''); TPV Technology, Ltd. of Hong Kong 
(``TPV Technology''); TPV International (USA), Inc. of Austin, Texas 
(``TPV USA''); Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan 
(``Top Victory''); and Envision Peripherals, Inc. of Fremont, 
California (``Envision'') (collectively, ``respondents'') in the above-
captioned investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of non-
confidential documents filed in connection with this 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

[[Page 17512]]

contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 15, 2007, based on a complaint filed by Funai Electric Co., 
Ltd. of Japan and Funai Corporation of Rutherford, NJ (collectively 
``Funai''), alleging violations of section 337 of the Tariff Act of 
1930 (19 U.S.C. 1337) in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain digital televisions and certain products 
containing the same by reason of infringement of certain claims of 
United States Patent Nos. 5,329,369 (``the '369 patent'') and 6,115,074 
(``the '074 patent''). 72 FR 64240 (November 15, 2007). The complaint 
named fourteen respondents. Subsequent to institution, certain 
respondents were terminated from the investigation based on settlement 
agreements.
    On November 17, 2008, the ALJ issued his final initial 
determination (``ID''), finding that a violation of section 337 has 
occurred in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain digital televisions and certain products containing the same by 
reason of infringement of claims 1, 5, and 23 of the '074 patent. The 
ALJ found that no violation exists with respect to the '369 patent. 
Respondents, the Commission investigative attorney (``IA''), and 
complainant Funai each filed petitions for review of the ID on December 
1, 2008. The IA, the respondents, and complainant Funai each filed 
responses to the petitions for review on December 9, 2008.
    On February 11, 2009, the Commission determined to review the ALJ's 
determination that the respondents infringe claim 23 of the '074 patent 
and requested written submissions on the issues under review, remedy, 
the public interest, and bonding. On February 24, 2009, the parties 
filed opening submissions, and on March 3, 2009, the parties filed 
response submissions. Several non-parties, including MediaTek, Inc., 
Taipei Economic and Cultural Representative Office, and Congressman 
Adam Schiff of California, also filed submissions addressing issues 
related to remedy, the public interest, and bonding.
    On March 5, 2009, the respondents filed a motion for leave to file 
a sur-reply to Funai's response submission on remedy, the public 
interest, and bonding. Both the IA and Funai opposed this motion. The 
Commission has determined to deny the respondents' motion for leave to 
file a sur-reply.

    Having examined the record of this investigation, including the 
ALJ's final ID, the Commission has determined to (1) reverse the 
ALJ's findings that the Proview and TPV respondents directly 
infringe claim 23 of the '074 patent and (2) affirm the ALJ's 
conclusion that all respondents induce infringement of claim 23 of 
the '074 patent.

    The Commission has determined that the appropriate form of relief 
is (i) a limited exclusion order prohibiting the unlicensed entry of 
digital televisions and products containing the same that infringe one 
or more of claims 1, 5, and 23 of the '074 patent and are manufactured 
abroad by or on behalf of, or imported by or on behalf of, Vizio, 
AmTran, SBC, Taiwan Kolin, Proview International, Proview Shenzhen, 
Proview Technology, TPV Technology, TPV USA, Top Victory, and Envision; 
and (ii) cease and desist orders against domestic respondents Vizio, 
Proview Technology, TPV USA, Envision and SBC.
    The Commission further determined that the public interest factors 
enumerated in section 337(d) and (f)(19 U.S.C. 1337(d), (f)) do not 
preclude issuance of the limited exclusion order and the cease and 
desist orders. Finally, the Commission determined that the amount of 
bond during the Presidential review period (19 U.S.C. 1337(j)) shall be 
in the amount of two dollars and fifty cents ($2.50) per article that 
is subject to the order. The Commission's order was delivered to the 
President and the United States Trade Representative on the day of its 
issuance.
    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 sections 210.42-50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-50).

    Issued: April 10, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E9-8600 Filed 4-14-09; 8:45 am]
BILLING CODE 7020-02-P