Certain Digital Televisions And Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of the Investigation, 4374-4375 [2011-1428]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 4374 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices and cease and desist order entered on November 24, 2009 against respondents AIA Engineering Limited and Vega Industries Ltd. (‘‘AIA’’) in the subject investigation, pending resolution of the validity of United States Patent No. RE39,998 by the United States Court of Appeals for the Federal Circuit. FOR FURTHER INFORMATION CONTACT: Jia Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–4737. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 April 21, 2008, based on a complaint filed by Magotteaux International S/A and Magotteaux Inc. (‘‘Magotteaux’’). 73 FR 22431 (Apr. 25, 2008). The complaint, as supplemented, alleged 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, or the sale within the United States after importation of certain composite wear components and products containing the same that infringe certain claims of U.S. Patent No. RE39,998. The complaint named Fonderie Acciaiere Rioale S.P.A. (‘‘FAR’’) and AIA as respondents. FAR was subsequently terminated from the investigation on the basis of a settlement agreement, leaving AIA as the remaining respondent. On November 24, 2009, the Commission issued a limited exclusion order and a cease and desist order against AIA, who was found by the ALJ to be in default. The limited exclusion order prohibits the unlicensed entry for consumption of composite wear components and products containing the same that are covered by one or more of claims 12–13 and 16–21 of the ‘998 patent and that are manufactured abroad by or on behalf of, or are imported by or on behalf of, AIA or any VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. 74 FR 62814 (Dec. 1, 2009). The cease and desist order covers products that infringe claims 12–13 and 16–21 of the ‘998 patent and is directed to domestic respondent Vega Industries and any of its principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled and majority owned business entities, successors, and assigns. Id. On September 3, 2010, the ‘998 patent was declared invalid by the District Court for the Middle District of Tennessee in a declaratory judgment action filed by AIA against Magotteaux. On September 28, 2010, Magotteaux noticed an appeal of the district court’s decision to the Court of Appeals for the Federal Circuit. On October 5, 2010, AIA filed a petition under 19 U.S.C. 1337(k) and 19 CFR 210.76 asking the Commission to rescind its November 24, 2009 exclusion order and cease and desist order in light of the district court’s holding invalidating the ‘998 patent. Complainant Magotteaux opposed the petition on October 15, 2010 and requested that the Commission hold a public hearing. The Commission investigative attorney did not file a formal response, but did provide copies of certain Commission opinions referenced by Magotteaux in its opposition that were unavailable to the parties via the Commission’s EDIS database. On October 21, 2010, Magotteaux filed a motion for leave to supplement its October 15, 2010 response. On October 27, 2010, AIA filed a motion for leave to file a reply to Magotteaux’s response and supplement response. On November 1, 2010, the Commission granted both motions for leave. On November 11, 2010, Magotteaux moved for leave to file a sur-reply in response to AIA’s Reply. On November 19, 2010, AIA opposed the motion. On November 29, 2009, the Commission granted Magotteaux’s motion for leave to file a sur-reply, but indicated that no further briefing was expected. After consideration of the petition and the responses and replies thereto, the Commission has determined to temporarily rescind its limited exclusion order and cease and desist order entered on November 24, 2009 against AIA pending resolution on appeal of the district court’s decision by the Federal Circuit. The Commission’s remedial orders will become permanently rescinded if the Federal Circuit affirms the district court’s judgment with respect to claims 12–13 and 16–21 of the ‘998 patent, i.e., the PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 claims covered by the Commission’s remedial orders, and will be reinstated if the Federal Circuit reverses the district court’s judgment with respect to those claims. The Commission has determined to deny Magotteaux’s request for a public hearing. 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 section 210.76(b) of the Commission’s Rules of Practice and Procedure (19 CFR 210.76(b)). By order of the Commission. Issued: January 18, 2011. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–1421 Filed 1–24–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–742] Certain Digital Televisions And Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant’s Motion To Amend the Complaint and Notice of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 5) of the presiding administrative law judge (‘‘ALJ’’) granting complainant’s motion to amend the complaint and notice of the investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 205–3152. Copies of the ID and all other nonconfidential 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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. General information concerning the Commission may also be obtained by accessing its Internet server SUMMARY: E:\FR\FM\25JAN1.SGM 25JAN1 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. INTERNATIONAL TRADE COMMISSION On October 18, 2010, the Commission instituted an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on a complaint filed by LG Electronics, Inc. of Seoul, Korea (‘‘LG’’) alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain digital televisions and components thereof by reason of infringement of certain claims of U.S. Patent No. RE 37,070; U.S. Patent No. 6,785,906; and U.S. Patent No. 6,598,233. 75 FR 63857 (Oct. 18, 2010). Complainant LG named Vizio, Inc. of Irvine, California, AmTRAN Technology Co., Ltd. of Taipei, Taiwan and AmTRAN Logistic, Inc. of Irvine, California as respondents. On November 16, 2010, complainant moved to amend the complaint and notice of the investigation to include allegations of patent infringement relating to claims 29, 35, and 40 of U.S. Patent No. RE 37,326. On December 23, 2010, the ALJ issued an ID (Order No. 5) granting complainant’s motion to amend the complaint and notice of the investigation. No party petitioned for review of the subject ID. The Commission has determined not to review the ID. 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 section 210.42(h) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42(h)). In the Matter of Certain MLC Flash Memory Devices and Products Containing Same; Notice of Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based on a Settlement Agreement; Termination of Investigation SUPPLEMENTARY INFORMATION: Issued: January 19, 2011. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–1428 Filed 1–24–11; 8:45 am] mstockstill on DSKH9S0YB1PROD with NOTICES BILLING CODE 7020–02–P VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 [Investigation No. 337–TA–683] U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 29) granting a joint motion to terminate the investigation in its entirety based on a settlement agreement. SUMMARY: 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) 7908–2301. 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 August 27, 2009, based on a complaint filed by BTG International, Inc. of West Conshohocken, Pennsylvania (‘‘BTG’’). 74 FR 43723–4 (August 27, 2009). The complaint, as amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 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 MLC flash memory devices and products containing same by reason of PO 00000 Frm 00098 Fmt 4703 Sfmt 9990 4375 infringement of certain claims of U.S. Patent Nos. 5,394,362; 5,764,571; 5,872,735; 6,104,640; and 6,118,692. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named Samsung Electronics Co., Ltd, Samsung Electronics America, Inc., Samsung Semiconductor, Inc., Samsung Telecommunications America, LLC (collectively ‘‘Samsung’’); Apple, Inc., ASUStek Computer, Inc., ASUS Computer International, Dell, Inc., Lenovo (Singapore) Pte. Ltd, Lenovo (United States) Inc., PNY Technologies, Inc., Sony Corporation, Sony Electronics, Inc., Transcend Information, Inc. (all collectively ‘‘Covington Respondents’’); Research in Motion Corporation and Research in Motion, Ltd. of Ontario, Canada (collectively ‘‘RIM Respondents’’) as respondents. On December 20, 2010, BTG, Samsung, and the Covington Respondents filed a joint motion to terminate the investigation as to all respondents on the basis of a settlement agreement between BTG and Samsung, which effectively resolves the dispute between BTG and all Respondents in the investigation. On December 22, 2010, BTG and the Covington Respondents filed an amendment and correction to the joint motion to terminate. On December 23, 2010, the Commission investigative attorney filed a response in support of the motion. No other responses were received. On January 3, 2011, the ALJ issued the subject ID granting the joint motion to terminate the investigation in its entirety pursuant to Commission Rule 210.21(b). No petitions for review of the subject ID were filed. The Commission has determined not to review the ID. 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 section 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). By order of the Commission. Issued: January 19, 2011. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–1419 Filed 1–24–11; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4374-4375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1428]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-742]


Certain Digital Televisions And Components Thereof; Notice of 
Commission Determination Not To Review an Initial Determination 
Granting Complainant's Motion To Amend the Complaint and Notice of the 
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 not to review an initial determination 
(``ID'') (Order No. 5) of the presiding administrative law judge 
(``ALJ'') granting complainant's motion to amend the complaint and 
notice of the investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the ID and 
all other nonconfidential 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server

[[Page 4375]]

(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: On October 18, 2010, the Commission 
instituted an investigation under section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, based on a complaint filed by LG Electronics, 
Inc. of Seoul, Korea (``LG'') alleging a violation of section 337 in 
the importation, sale for importation, and sale within the United 
States after importation of certain digital televisions and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
RE 37,070; U.S. Patent No. 6,785,906; and U.S. Patent No. 6,598,233. 75 
FR 63857 (Oct. 18, 2010). Complainant LG named Vizio, Inc. of Irvine, 
California, AmTRAN Technology Co., Ltd. of Taipei, Taiwan and AmTRAN 
Logistic, Inc. of Irvine, California as respondents.
    On November 16, 2010, complainant moved to amend the complaint and 
notice of the investigation to include allegations of patent 
infringement relating to claims 29, 35, and 40 of U.S. Patent No. RE 
37,326.
    On December 23, 2010, the ALJ issued an ID (Order No. 5) granting 
complainant's motion to amend the complaint and notice of the 
investigation. No party petitioned for review of the subject ID. The 
Commission has determined not to review the ID.
    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 section 210.42(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    Issued: January 19, 2011.
    By order of the Commission.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-1428 Filed 1-24-11; 8:45 am]
BILLING CODE 7020-02-P