In the Matter of Certain Display Devices, Including Digital Televisions and Monitors II; Notice of Investigation, 13432-13433 [2011-5670]
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Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices
May 2009
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letter dated December 1, 1999, on the
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FM/PDFDocs/991201.pdf.
Dated: March 7, 2011.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2011–5591 Filed 3–10–11; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–765]
In the Matter of Certain Display
Devices, Including Digital Televisions
and Monitors II; Notice of Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
February 9, 2011, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Sony
Corporation of Tokyo, Japan. The
complaint alleges violations of section
337 based upon the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain display
devices, including digital televisions
and monitors by reason of infringement
of certain claims of U.S. Patent No.
5,731,847 (‘‘the ‘847 patent’’); U.S.
Patent No. 5,583,577 (‘‘the ‘577 patent’’);
U.S. Patent No. 6,661,472 (‘‘the ‘472
patent’’) and U.S. Patent No. RE 40,468
(‘‘the ‘468 patent’’). The complaint
further alleges that an industry in the
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SUMMARY:
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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 an
exclusion order and a cease and desist
order.
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 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: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
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
(2010).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
March 7, 2011, 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
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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 display devices,
including digital televisions and
monitors that infringe one or more of
claims 41–44 of the ‘468 patent; claims
1–4, 8, and 11–15 of the ‘472 patent;
claims 13, 15, 19, and 20 of the ‘577
patent; and claims 11, 12, 16, 27, 33–35,
and 39–41 of the ‘847 patent, 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 complainant is: Sony
Corporation, 1–7–1, Konan, Minato-ku,
Tokyo, Japan.
(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:
LG Electronics, Inc., LG Twin Towers,
20 Yeouido-dong, Yeongdeungpo-gu,
Seoul 150–721, Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan
Avenue, Englewood Cliffs, NJ 07632.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street, SW., Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Honorable Paul J. Luckern, Chief
2Administrative Law Judge, U.S.
International Trade Commission, shall
designate 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)–(e) and 210.13(a),
such responses will be considered by
E:\FR\FM\11MRN1.SGM
11MRN1
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices
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 respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: March 7, 2011.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011–5670 Filed 3–10–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–700]
In the Matter of Certain Mems Devices
and Products Containing Same; Notice
of Commission Decision To Review-inPart a Final Initial Determination
Finding a Violation of Section 337;
Request for Written Submissions
Regarding Remedy, Bonding, and the
Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part a final initial determination
(‘‘ID’’) of the presiding administrative
law judge (‘‘ALJ’’) finding a violation of
section 337 in the above-captioned
investigation, and is requesting written
submissions regarding remedy, bonding,
and the public interest.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2310. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
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SUMMARY:
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17:08 Mar 10, 2011
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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: The
Commission instituted this investigation
on December 31, 2009, based on a
complaint filed on December 1, 2009, by
Analog Devices, Inc. (‘‘Analog Devices’’)
of Norwood, Massachusetts. 75 FR 449–
50 (Jan. 5, 2010). The complaint, as
supplemented, alleged 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 microelectromechanical systems
(‘‘MEMS’’) devices and products
containing the same by reason of
infringement of certain claims of U.S.
Patent Nos. 7,220,614 (‘‘the ‘614 patent’’)
and 7,364,942 (‘‘the ‘942 patent’’). The
complaint further alleged that an
industry in the United States exists as
required by subsection (a)(2) of section
337. The complaint named as
respondents Knowles Electronics LLC of
Itasca, Illinois and Mouser Electronics,
Inc. of Mansfield, Texas.
On December 23, 2010, the ALJ issued
his final ID finding a violation of section
337 by respondents with respect to the
‘942 patent, and which also included
his recommendation on remedy and
bonding during the period of
Presidential review. The ALJ found no
section 337 violation with respect to the
‘614 patent due to non-infringement of
the asserted claims. On January 21,
2011, the Commission issued notice of
its determination to extend the deadline
to March 7, 2001, for determining
whether to review the final ID. On
January 18, 2011, Analog Devices,
respondents, and the Commission
investigative attorney (‘‘IA’’) filed
petitions for review of the final ID, and
each party filed responses to the other
parties’ petitions on January 26, 2011.
On February 4, 2011, Analog Devices
and respondents each filed submissions
on the public interest.
Upon considering the parties’ filings,
the Commission has determined to
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13433
review-in-part the ID. Specifically, the
Commission has determined to review:
(1) The ALJ’s construction of the claim
term ‘‘oven’’ relating to both the ‘614 and
‘942 patents; (2) the ALJ’s construction
of the claim term ‘‘sawing’’ relating to
both the ‘614 and ‘942 patents; (3) the
ALJ’s determination that the accused
process does not infringe, either literally
or under the doctrine of equivalents,
claims 12, 15, 31–32, 34–35, and 38–39
of the ‘614 patent or claim 1 of the ‘942
patent; (4) the ALJ’s finding that U.S.
Patent No. 5,597,767 (‘‘the ‘767 patent’’)
does not incorporate by reference U.S.
Patent Nos. 5,331,454 and 5,512,374
(‘‘the ‘374 patent’’); (5) the ALJ’s finding
that claims 2–6 and 8 are infringed by
the accused process; (6) the ALJ’s
findings that claims 34–35 and 38–39 of
the ‘614 patent, and claims 2–6 and 8 of
the ‘942 patent, are not anticipated,
under 35 U.S.C. § 102(a), by the ‘767
patent or the ‘374 patent; (7) the ALJ’s
findings that claims 34–35 and 38–39 of
the ‘614 patent are not obvious, under
35 U.S.C. § 103, in view of the ‘767
patent and the Sakata et al. prior art
reference; and (8) the ALJ’s finding that
the technical prong of the domestic
industry requirement has been satisfied
as to both the ‘614 and ‘942 patents. The
Commission has determined not to
review the remainder of the ID.
On review, with respect to violation,
the parties are requested to submit
briefing limited to the following issues:
(1) In arguing that the term ‘‘oven’’
should be construed as ‘‘a system that
includes a heated chamber,’’ is it the
contention of Complainant and the IA
that the system includes elements such
as a reservoir, heaters on the reservoir,
a delivery line that connects the
reservoir and the deposition chamber, a
vacuum line, a nitrogen line, and a
device (such as a computer) for
programming the temperature, gas
pressure, etc., of the oven? See
Complainant Analog’s Contingent
Petition at 25 and the IA’s Contingent
Petition at 6.
(2) If the term ‘‘oven’’ as it appears in
claim 1 of the ‘942 was construed
broadly to encompass the entire system,
would the claim cover a method in
which the wafer is inserted into, and the
anti-stiction compound is heated
within, any portion of the system,
including the elements listed in the
question above, such as a heater,
delivery line, or a device for
programming? In your response, please
address whether the Commission
should construe the disputed term in
light of the context supplied by the
claim, which indicates, for example,
that the anti-stiction compound is
heated within said oven.
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]]>Agencies
[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13432-13433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5670]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-765]
In the Matter of Certain Display Devices, Including Digital
Televisions and Monitors II; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 9, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Sony Corporation of Tokyo, Japan. The complaint alleges violations of
section 337 based upon the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain display devices, including digital televisions
and monitors by reason of infringement of certain claims of U.S. Patent
No. 5,731,847 (``the `847 patent''); U.S. Patent No. 5,583,577 (``the
`577 patent''); U.S. Patent No. 6,661,472 (``the `472 patent'') and
U.S. Patent No. RE 40,468 (``the `468 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 an exclusion order
and a cease and desist order.
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 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: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
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 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 7, 2011, 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 display
devices, including digital televisions and monitors that infringe one
or more of claims 41-44 of the `468 patent; claims 1-4, 8, and 11-15 of
the `472 patent; claims 13, 15, 19, and 20 of the `577 patent; and
claims 11, 12, 16, 27, 33-35, and 39-41 of the `847 patent, 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 complainant is: Sony Corporation, 1-7-1, Konan, Minato-ku,
Tokyo, Japan.
(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:
LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-gu,
Seoul 150-721, Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ
07632.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief 2Administrative Law Judge, U.S. International Trade
Commission, shall designate 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)-(e) and 210.13(a), such responses will be
considered by
[[Page 13433]]
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 respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 7, 2011.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-5670 Filed 3-10-11; 8:45 am]
BILLING CODE 7020-02-P
