In the Matter of Certain Liquid Crystal Display Devices and Products Containing the Same; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 39897 [2011-16903]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Page 39897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16903]



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INTERNATIONAL TRADE COMMISSION



[Inv. No. 337-TA-782]




In the Matter of Certain Liquid Crystal Display Devices and 

Products Containing the Same; Notice of Institution of Investigation; 

Institution of Investigation Pursuant to 19 U.S.C. 1337



AGENCY: U.S. International Trade Commission.



ACTION: Notice.



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SUMMARY: Notice is hereby given that a complaint was filed with the 

U.S. International Trade Commission on June 1, 2011, under section 337 

of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 

Samsung Electronics Co., Ltd. of Korea. Letters supplementing the 

complaint were filed on June 17 and June 20, 2011. 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 liquid crystal display devices and 

products containing the same by reason of infringement of certain 

claims of U.S. Patent No. 6,771,344 (``the `344 patent''); U.S. Patent 

No. 6,882,375 (``the `375 patent''); U.S. Patent No. 7,535,537 (``the 

`537 patent''); U.S. Patent No. 7,787,087 (``the `087 patent''); and 

U.S. Patent No. RE41,363 (``the `363 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 cease and desist orders.



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 (2011).



    Scope of Investigation: Having considered the complaint, the U.S. 

International Trade Commission, on June 29, 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 liquid 

crystal display devices and products containing the same that infringe 

one or more of claims 2-8 of the `344 patent; claims 1, 8, 13, 14, 19, 

and 20-23 of the `375 patent; claims 1 and 2 of the `537 patent; claims 

1-7 of the `087 patent; or claims 1, 8-10, 12, and 14-17 of the `363 

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: Samsung Electronics Co., Ltd., Samsung 

Electronics Bldg., 1320-10, Seocho 2-dong, Seocho-gu, Seoul, Korea 137-

857.

    (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:



AU Optronics Corp., No. 1 Li-Hsin Road 2, Hsinchu Science Park, Hsinchu 

30078, Taiwan.

AU Optronics Corporation America, 9720 Cypresswood Drive, Suite 241, 

Houston, TX 77070.

Acer America Corporation, 333 West San Carlos Street, Suite 1500, San 

Jose, CA 95110.

Acer Inc., 369 Fu Hsin North Road 7F-5, T083aipei 10479, Taiwan.

BenQ America Corp., 15375 Barranca, Suite A205, Irvine, CA 92618.

BenQ Corp., 16 Jihu Rd., Taipei 114, Taiwan.

SANYO Electric Co., Ltd., 5-5 Keihan-Hondori 2-Chome, Moriguchi City, 

Osaka 570-8677, Japan.

SANYO North America Corporation, 2055 Sanyo Avenue, San Diego, CA 

92154.



    (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 Administrative 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 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: June 29, 2011.

James R. Holbein,

Secretary to the Commission.

[FR Doc. 2011-16903 Filed 7-6-11; 8:45 am]

BILLING CODE 7020-02-P