In the Matter of Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 41521-41522 [2011-17685]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41521-41522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17685]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-786]


In the Matter of Certain Integrated Circuits, Chipsets, and 
Products Containing Same Including Televisions; 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 8, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Freescale Semiconductor, Inc. of Austin, Texas.

[[Page 41522]]

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 integrated 
circuits, chipsets, and products containing same including televisions 
by reason of infringement of certain claims of U.S. Patent No 5,467,455 
(``the `455 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 July 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 integrated 
circuits, chipsets, and products containing same including televisions 
that infringe one or more of claims 9 and 10 of the `455 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: Freescale Semiconductor, Inc., 6501 William 
Cannon Drive West, Austin, TX 78735.
    (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:

Funai Electric Co., Ltd., 7-7-1 Nakagaito, Daito, Osaka 574-0013, 
Japan.
Funai Corporation, Inc., 201 Route 17, Suite 903, Rutherford, NJ 07070.
MediaTek Inc., No. 1 Dusing Road, Hsinchu Science Park, Hsinchu City, 
Taiwan 30078.
Zoran Corporation, 1390 Kifer Road, Sunnyvale, CA 94086.

    (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.
    The Commission notes that issues regarding whether Complainant may 
be precluded from asserting its complaint in light of a Commission 
decision in a prior investigation involving the same patent may be 
present here. In instituting this investigation, the Commission has not 
made any determination as to whether Complainant is so precluded. 
Accordingly, the presiding administrative law judge may wish to 
consider this issue at an early date. Any such decision should be 
issued in the form of an initial determination (ID) under Rule 
210.42(c), 19 CFR 210.42(c). The ID will become the Commission's final 
determination 45 days after the date of service of the ID unless the 
Commission determines to review the ID. Any such review will be 
conducted in accordance with Commission Rules 210.43, 210.44 and 
210.45, 19 CFR 210.43, 210.44, and 210.45.
    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.

     Issued: July 8, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17685 Filed 7-13-11; 8:45 am]
BILLING CODE 7020-02-P