In the Matter of Certain Light-Emitting Diodes and Products Containing the Same; Notice of Institution of Investigation, 40745-40746 [2011-17303]

Download as PDF Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Notices ACTION: Notice. Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled In Re Electronic Digital Media Devices and Components Thereof, DN 2827; the Commission is soliciting comments on any public interest issues raised by the complaint. FOR FURTHER INFORMATION CONTACT: James R. Holbein, Secretary to the Commission, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov, and 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 (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. Hearingimpaired 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 has received a complaint filed on behalf of Apple Inc. on July 5, 2011. The complaint alleges 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 electronic digital media devices and components thereof. The complaint names as respondents Samsung Electronics Co., Ltd. of Korea; Samsung Electronics America Inc. of Ridgefield Park, NJ; and Samsung Telecommunications America LLC of Richardson, TX. The complainant, proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five pages in length, on any public interest issues raised by the complaint. Comments should address whether issuance of an exclusion order and/or a cease and desist order in this investigation would negatively affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in erowe on DSK5CLS3C1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:30 Jul 08, 2011 Jkt 223001 the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the potential orders; (iii) Indicate the extent to which like or directly competitive articles are produced in the United States or are otherwise available in the United States, with respect to the articles potentially subject to the orders; and (iv) Indicate whether Complainant, Complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to an exclusion order and a cease and desist order within a commercially reasonable time. Written submissions must be filed no later than by close of business, five business days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Submissions should refer to the docket number (‘‘Docket No. 2827’’) in a prominent place on the cover page and/or the first page. The Commission’s rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ documents/ handbook_on_electronic_filing.pdf). Persons with questions regarding electronic filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. This action is taken under the authority of section 337 of the Tariff Act PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 40745 of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50(a)(4) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.50(a)(4)). By order of the Commission. Issued: July 6, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17278 Filed 7–8–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–784] In the Matter of Certain Light-Emitting Diodes and Products Containing the Same; Notice of Institution of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: Notice is hereby given that two complaints were filed with the U.S. International Trade Commission on June 3, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of OSRAM GmbH of Germany. Both complaints allege 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 lighting-emitting diodes and products containing same by reason of infringement of certain claims of U.S. Patents. The first complaint asserts U.S. Patent No. 6,812,500 (‘‘the ‘500 patent’’); U.S. Patent No. 7,078,732 (‘‘the ‘732 patent’’); U.S. Patent No. 7,126,162 (‘‘the ‘162 patent’’); U.S. Patent No. 7,345,317 (‘‘the ‘317 patent’’); U.S. Patent No. 7,629,621 (‘‘the ‘621 patent’’); U.S. Patent No. 6,459,130 (‘‘the ‘130 patent’’); U.S. Patent No. 6,927,469 (‘‘the ‘469 patent’’); U.S. Patent No. 7,199,454 (‘‘the ‘454 patent’’); and U.S. Patent No. 7,427,806 (‘‘the ‘806 patent’’). The second complaint asserts U.S. Patent No. 6,849,881 (‘‘the ‘881 patent’’); U.S. Patent No. 6,975,011 (‘‘the ‘011 patent’’); U.S. Patent No. 7,106,090 (‘‘the ‘090 patent’’); U.S. Patent No. 7,151,283 (‘‘the ‘283 patent’’); and U.S. Patent No. 7,271,425 (‘‘the ‘425 patent’’) as well as the ‘500 patent, ‘732 patent, ‘162 patent, ‘621 patent, ‘130 patent, ‘469 patent, and ‘454 patent. Each 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 the two SUMMARY: E:\FR\FM\11JYN1.SGM 11JYN1 40746 Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Notices investigations and, after the investigation, issue an exclusion order and cease and desist orders. Letters regarding the possible consolidation of investigations stemming from these complaints were received on June 21, June 22, and June 29, 2011. ADDRESSES: The complaints, 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 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. FOR FURTHER INFORMATION CONTACT: The Office of Dockets Services, U.S. International Trade Commission, telephone (202) 205–1802. erowe on DSK5CLS3C1PROD with NOTICES 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 complaints and letters received, the U.S. International Trade Commission has decided to institute two investigations on a partially consolidated basis, and on July 5, 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 light-emitting diodes and products containing the same that infringe one or more of claims 1, 10, and 11 of the ‘881 patent; claims 1 and 2 of the ‘011 patent; claims 1, 6, and 7 of the ‘090 patent; claims 1–4, 6– 8, 11, 17, 19, 22, 24–26, 29, and 32–35 of the ‘283 patent; and claims 1–4, 6– 9, 16, and 17 of the ‘425 patent, and whether an industry in the United VerDate Mar<15>2010 15:30 Jul 08, 2011 Jkt 223001 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: OSRAM GmbH, Hellabrunner Strasse 1, 81543 Munich, Germany. (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, Yeongdungpo-gu, Seoul, 150–721, South Korea; LG Innotek Co., Ltd., Seoul Square 20F, Namdaemunno 5-ga, Jung-gu, Seoul, 100–714, South Korea; LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632; LG Innotek U.S.A., Inc., 10225 Willow Creek Road, San Diego, CA 92131. (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. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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. PO 00000 By order of the Commission. Frm 00070 Fmt 4703 Sfmt 4703 Issued: July 6, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17303 Filed 7–8–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–785] In the Matter of Certain Light-Emitting Diodes and Products Containing Same; Notice of Institution of Investigation Institution of investigation pursuant to 19 U.S.C. 1337. U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that two complaints were filed with the U.S. International Trade Commission on June 3, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of OSRAM GmbH of Germany. Both complaints allege 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 light-emitting diodes and products containing same by reason of infringement of certain claims of U.S. Patents. The first complaint asserts U.S. Patent No. 6,812,500 (‘‘the ‘500 patent’’); U.S. Patent No. 7,078,732 (‘‘the ‘732 patent’’); U.S. Patent No. 7,126,162 (‘‘the ‘162 patent’’); U.S. Patent No. 7,345,317 (‘‘the ‘317 patent’’); U.S. Patent No. 7,629,621 (‘‘the ‘621 patent’’); U.S. Patent No. 6,459,130 (‘‘the ‘130 patent’’); U.S. Patent No. 6,927,469 (‘‘the ‘469 patent’’); U.S. Patent No. 7,199,454 (‘‘the ‘454 patent’’); and U.S. Patent No. 7,427,806 (‘‘the ‘806 patent’’). The second complaint asserts U.S. Patent No. 6,849,881 (‘‘the ‘881 patent’’); U.S. Patent No. 6,975,011 (‘‘the ‘011 patent’’); U.S. Patent No. 7,106,090 (‘‘the ‘090 patent’’); U.S. Patent No. 7,151,283 (‘‘the ‘283 patent’’); and U.S. Patent No. 7,271,425 (‘‘the ‘425 patent’’) as well as the ‘500 patent, ‘732 patent, ‘162 patent, ‘621 patent, ‘130 patent, ‘469 patent, and ‘454 patent. Each 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 the two investigations and, after the investigation, issue an exclusion order and cease and desist orders. Letters regarding the possible consolidation of investigations stemming from these complaints were SUMMARY: E:\FR\FM\11JYN1.SGM 11JYN1

Agencies

[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Notices]
[Pages 40745-40746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17303]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-784]


In the Matter of Certain Light-Emitting Diodes and Products 
Containing the Same; Notice of Institution 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 two complaints were filed with the 
U.S. International Trade Commission on June 3, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
OSRAM GmbH of Germany. Both complaints allege 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 lighting-emitting diodes and products containing same by reason 
of infringement of certain claims of U.S. Patents. The first complaint 
asserts U.S. Patent No. 6,812,500 (``the `500 patent''); U.S. Patent 
No. 7,078,732 (``the `732 patent''); U.S. Patent No. 7,126,162 (``the 
`162 patent''); U.S. Patent No. 7,345,317 (``the `317 patent''); U.S. 
Patent No. 7,629,621 (``the `621 patent''); U.S. Patent No. 6,459,130 
(``the `130 patent''); U.S. Patent No. 6,927,469 (``the `469 patent''); 
U.S. Patent No. 7,199,454 (``the `454 patent''); and U.S. Patent No. 
7,427,806 (``the `806 patent''). The second complaint asserts U.S. 
Patent No. 6,849,881 (``the `881 patent''); U.S. Patent No. 6,975,011 
(``the `011 patent''); U.S. Patent No. 7,106,090 (``the `090 patent''); 
U.S. Patent No. 7,151,283 (``the `283 patent''); and U.S. Patent No. 
7,271,425 (``the `425 patent'') as well as the `500 patent, `732 
patent, `162 patent, `621 patent, `130 patent, `469 patent, and `454 
patent. Each 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 the two

[[Page 40746]]

investigations and, after the investigation, issue an exclusion order 
and cease and desist orders.
    Letters regarding the possible consolidation of investigations 
stemming from these complaints were received on June 21, June 22, and 
June 29, 2011.

ADDRESSES: The complaints, 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 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.

FOR FURTHER INFORMATION CONTACT: The Office of Dockets Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    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 complaints and 
letters received, the U.S. International Trade Commission has decided 
to institute two investigations on a partially consolidated basis, and 
on July 5, 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 light-
emitting diodes and products containing the same that infringe one or 
more of claims 1, 10, and 11 of the `881 patent; claims 1 and 2 of the 
`011 patent; claims 1, 6, and 7 of the `090 patent; claims 1-4, 6-8, 
11, 17, 19, 22, 24-26, 29, and 32-35 of the `283 patent; and claims 1-
4, 6-9, 16, and 17 of the `425 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: OSRAM GmbH, Hellabrunner Strasse 1, 81543 
Munich, Germany.
    (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, Yeongdungpo-gu, 
Seoul, 150-721, South Korea;
LG Innotek Co., Ltd., Seoul Square 20F, Namdaemunno 5-ga, Jung-gu, 
Seoul, 100-714, South Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632;
    LG Innotek U.S.A., Inc., 10225 Willow Creek Road, San Diego, CA 
92131.

    (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.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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: July 6, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17303 Filed 7-8-11; 8:45 am]
BILLING CODE 7020-02-P