In the Matter of Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same II; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 42136-42137 [2011-17966]

Download as PDF 42136 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices 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 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)). Issued: July 12, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17932 Filed 7–15–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–787] In the Matter of Certain MotionSensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same II; 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 a complaint was filed with the U.S. International Trade Commission on June 13, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ogma, LLC of Longview, Texas. Supplements to the complaint were filed on June 17 and 29, 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 motion-sensitive sound effects devices and image display devices and components and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,150,947 (‘‘the ’947 patent’’) and U.S. Patent No. 5,825,427 (‘‘the ’427 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 and supplements, except for any srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 confidential information contained therein, are 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 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 11, 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 motion-sensitive sound effects devices and image display devices and components and products containing same that infringe one or more of claims 1, 9, and 19 of the ’947 patent or claims 1 and 2 of the ’427 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: Ogma, LLC, 3301 W. Marshall Avenue, Longview, TX 75604. (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: 3M Company, 3M Center, St. Paul, MN 55144. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Bensussen Deutsch & Associates, Inc., d/b/a Power A, 15525 WoodinvilleRedmond Road, NE., Woodinville, WA 98072. Casio America, Inc., 570 Mount Pleasant Avenue, Dover, NJ 07801. Casio Computer Co., Ltd., 6–2, Honmachi 1-chome, Shibuya-ku, Tokyo 151–8543, Japan. Christie Digital Systems USA, Inc., 10550 Camden Drive, Cypress, CA 90630. Eiki International, Inc., 30251 Esperanza, Rancho Santa Margarita, CA 92688. Intec, Inc., 7600 Corporate Center Dr., Suite 400, Miami, FL 33126. Mitsubishi Electric Corporation, Tokyo Building, 2–7–3, Marunouchi, Chiyoda-ku, Tokyo 100–8310, Japan. Mitsubishi Electric & Electronics USA, Inc., 5665 Plaza Drive, Cypress, CA 90630. Optoma Corporation, 5F., No. 108, Minchiuan Road, Shindian City, Taipei, Taiwan. Optoma Technology, Inc., 715 Sycamore Drive, Milpitas, CA 95035. Performance Designed Products LLC, 14144 Ventura Boulevard, Suite 200, Sherman Oaks, CA 91423. Planar Systems, Inc., 1195 NW. Compton Drive, Beaverton, OR 97006. Supersonic, Inc., 6555 Bandini Boulevard, Commerce, CA 90040. Toshiba Corporation, 1–1, Shibaura 1-chome, Minato-ku, Tokyo 105– 8001, Japan. Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, Irvine, CA 92618–1697. (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 E. James Gildea is designated as the presiding administrative law judge. The Commission has determined to assign this investigation to Judge Gildea, who is the presiding administrative law judge in Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same, Inv. No. 337–TA–773, in view of the overlapping subject matter in the two investigations. The presiding administrative law judge is authorized to consolidate Inv. No. 337–TA–773 and this investigation if he deems it appropriate. 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 E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Notices 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 13, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17966 Filed 7–15–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1127 (Final) (Remand)] Certain Lightweight Thermal Paper From Germany; Remand Proceedings United States International Trade Commission. ACTION: Notice. AGENCY: The U.S. International Trade Commission (‘‘Commission’’) hereby gives notice of the court-ordered remand of its final determination in Investigation No. 731–TA–1127 concerning certain lightweight thermal paper (‘‘LWTP’’) from Germany. For further information concerning the conduct of this proceeding and rules of general application, consult the Commission’s Rules of Practice and Procedure, Part 201, subparts A through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207). DATES: Effective Date: July 1, 2011. FOR FURTHER INFORMATION CONTACT: Christopher Cassise, Office of Investigations, telephone 202–708– 5408, or Marc A. Bernstein, Office of General Counsel, telephone 202–205– 3087, U.S. International Trade srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:43 Jul 15, 2011 Jkt 223001 Commission, 500 E Street, SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (http:// www.usitc.gov). The public record of Investigation No. 731–TA–1127 may be viewed on the Commission’s electronic docket (‘‘EDIS’’) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—In November 2008, the Commission determined that a domestic industry was threatened with material injury by reason of imports of certain lightweight thermal paper from Germany that the Department of Commerce found were sold at less than fair value (LTFV). Papierfabrik August Koehler AG and Koehler America, Inc. (collectively ‘‘Koehler’’), respectively an exporter and importer of LWTP from Germany, contested the Commission’s determination before the Court of International Trade (CIT). The CIT affirmed the Commission’s determination. Papierfabrik August Koehler AG v. United States, 675 F. Supp.2d 1172 (Ct. Int’l Trade 2009). On appeal, the United States Court of Appeals for the Federal Circuit vacated the judgment of the CIT. The Federal Circuit held that the Commission improperly failed to consider certain materials Koehler introduced, consisting of a worksheet prepared in the Commerce dumping investigation containing intermediate dumping margin calculations concerning certain types of LWTP, including LWTP having basis weight of 48 grams per square meter (‘‘48 gram LWTP’’). Papierfabrik August Koehler AG v. United States, App. No. 2010–1147 (Fed. Cir. January 11, 2011) (non-precedential opinion). The Federal Circuit subsequently denied the Commission’s petition for rehearing and rehearing en banc. Paperfabrik August Koehler AG v. United States, App. No. 2010–1147 (Fed. Cir. May 18, 2011). On June 15, 2011, the CIT remanded this matter to the Commission. It ordered the Commission to take ‘‘action consistent with the [Federal Circuit] decision’’ and ‘‘to revise its final determination with respect to the threat of material injury from subject merchandise from Germany, in accordance with the decision [of the Federal Circuit]. The Commission shall specifically explain PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 42137 how its decision to deny Koehler’s request to exclude a subset of subject merchandise from the Commission’s threat of material injury determination complies with the Court of Appeals’ interpretation of 19 U.S.C. 1673d(c)(1)(A) and the decision in Algoma Steel Corp. v. United States, 865 F.2d 240 (Fed. Cir. 1989).’’ Papierfabrik August Koehler AG v. United States, Slip. Op. 11–67 (Ct. Int’l Trade June 15, 2011). Participation in the proceeding.— Only those persons who were interested parties to the original investigation (i.e., persons listed on the Commission Secretary’s service list) and participated in the appeal proceedings before the Federal Circuit may participate in the remand proceeding. Such persons need not re-file their appearance notices or protective order applications to participate in the remand proceeding. Business proprietary information (‘‘BPI’’) referred to during the remand proceeding will be governed, as appropriate, by the administrative protective order issued in the original investigation. Written submissions.—The Commission is reopening the record to obtain additional information pertinent to the issue on which the CIT has directed a remand. In addition, the Commission will permit the parties to file comments pertaining to any new factual information and the following issues: 1. The nature of the action the opinion of the Federal Circuit and the remand instructions of the CIT require the Commission to take on remand. 2. What factual findings and legal conclusions the Commission should make in light of the information in the remand record from Department of Commerce proceedings concerning dumping of imports of 48 gram LWTP from Germany. Comments should be limited to no more than twenty (20) double-spaced and single-sided pages of textual material. The parties may not submit any new factual information in their comments and may not address any issue other than those listed above. Any such comments must be filed with the Commission no later than August 5, 2011. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42136-42137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17966]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-787]


 In the Matter of Certain Motion-Sensitive Sound Effects Devices 
and Image Display Devices and Components and Products Containing Same 
II; Notice of Institution of Investigation; Institution of 
Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 13, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ogma, LLC of Longview, Texas. Supplements to the complaint were filed 
on June 17 and 29, 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 motion-sensitive sound effects devices and image display 
devices and components and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 6,150,947 (``the '947 
patent'') and U.S. Patent No. 5,825,427 (``the '427 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 and supplements, except for any confidential 
information contained therein, are 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 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 11, 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 motion-
sensitive sound effects devices and image display devices and 
components and products containing same that infringe one or more of 
claims 1, 9, and 19 of the '947 patent or claims 1 and 2 of the '427 
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: Ogma, LLC, 3301 W. Marshall Avenue, 
Longview, TX 75604.
    (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:

3M Company, 3M Center, St. Paul, MN 55144.
Bensussen Deutsch & Associates, Inc., d/b/a Power A, 15525 Woodinville-
Redmond Road, NE., Woodinville, WA 98072.
Casio America, Inc., 570 Mount Pleasant Avenue, Dover, NJ 07801.
Casio Computer Co., Ltd., 6-2, Hon-machi 1-chome, Shibuya-ku, Tokyo 
151-8543, Japan.
Christie Digital Systems USA, Inc., 10550 Camden Drive, Cypress, CA 
90630.
Eiki International, Inc., 30251 Esperanza, Rancho Santa Margarita, CA 
92688.
Intec, Inc., 7600 Corporate Center Dr., Suite 400, Miami, FL 33126.
Mitsubishi Electric Corporation, Tokyo Building, 2-7-3, Marunouchi, 
Chiyoda-ku, Tokyo 100-8310, Japan.
Mitsubishi Electric & Electronics USA, Inc., 5665 Plaza Drive, Cypress, 
CA 90630.
Optoma Corporation, 5F., No. 108, Minchiuan Road, Shindian City, 
Taipei, Taiwan.
Optoma Technology, Inc., 715 Sycamore Drive, Milpitas, CA 95035.
Performance Designed Products LLC, 14144 Ventura Boulevard, Suite 200, 
Sherman Oaks, CA 91423.
Planar Systems, Inc., 1195 NW. Compton Drive, Beaverton, OR 97006.
Supersonic, Inc., 6555 Bandini Boulevard, Commerce, CA 90040.
Toshiba Corporation, 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, 
Japan.
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, 
Irvine, CA 92618-1697.

    (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 E. James 
Gildea is designated as the presiding administrative law judge.
    The Commission has determined to assign this investigation to Judge 
Gildea, who is the presiding administrative law judge in Certain 
Motion-Sensitive Sound Effects Devices and Image Display Devices and 
Components and Products Containing Same, Inv. No. 337-TA-773, in view 
of the overlapping subject matter in the two investigations. The 
presiding administrative law judge is authorized to consolidate Inv. 
No. 337-TA-773 and this investigation if he deems it appropriate.
    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

[[Page 42137]]

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 13, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17966 Filed 7-15-11; 8:45 am]
BILLING CODE 7020-02-P