In the Matter of Certain Light-Emitting Diodes and Products Containing the Same; Notice of Institution of Investigation, 40745-40746 [2011-17303]
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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 https://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 (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. 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
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SUMMARY:
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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, https://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
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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:
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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
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 Dockets Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
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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
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15:30 Jul 08, 2011
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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.
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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]
-----------------------------------------------------------------------
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 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 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
