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]
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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
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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
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[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://
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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]
=======================================================================
-----------------------------------------------------------------------
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