Certain Digital Televisions Containing Integrated Circuit Devices and Components Thereof; Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337, 58041-58042 [2011-23890]
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices
No. 5,470,257 (‘‘the ‘257 patent’’)
following a remand from the United
States Court of Appeals for the Federal
Circuit (‘‘Federal Circuit’’) in John
Mezzalingua Associates v. Int’l Trade
Comm’n, 2011 U.S. App. LEXIS 8806
(Fed. Cir. Apr. 28, 2011).
FOR FURTHER INFORMATION CONTACT:
Michelle Klancnik, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5468. Copies of non-confidential
documents filed in connection with this
investigation are or 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 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. Hearing-impaired
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 instituted this investigation
on May 30, 2008, based on a complaint
filed by John Mezzalingua Associates,
Inc. d/b/a PPC, Inc. of East Syracuse,
New York (‘‘PPC’’). 73 FR 31145 (May
30, 2008). The complaint alleged
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 coaxial cable connectors and
components thereof and products
containing the same by reason of
infringement of various United States
Patents, including the ‘257 patent. The
complaint named eight respondents.
After institution, two respondents were
terminated based on consent orders and
four respondents were found to be in
default (‘‘defaulting respondents’’). Two
respondents, Fu-Ching Technical
Industry, Co., Ltd. and Gem Electronics,
Inc. (‘‘the active respondents’’),
remained active.
On October 13, 2009, the presiding
administrative law judge issued a final
initial determination (‘‘ID’’) and a
recommended determination on remedy
and bonding. The Commission
determined to review the final ID in
part.
On March 31, 2010, the Commission
found no violation of section 337 for the
‘257 patent. The Commission found
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15:46 Sep 16, 2011
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infringement of the ‘257 patent by the
defaulting respondents and no
infringement by the active respondents.
The Commission nevertheless found no
violation of section 337 because it found
no domestic industry for the ‘257
patent. Having found no violation, the
Commission did not make a remedy
determination for the ‘257 patent.
Complainant PPC appealed to the
Federal Circuit. In John Mezzalingua
Associates v. International Trade
Commission, 2011 U.S. App. LEXIS
8806 (Fed. Cir. Apr. 28, 2011), the
Federal Circuit reversed the
Commission’s finding of no violation,
entered a judgment of violation, and
remanded the investigation to the
Commission for proceedings consistent
with its opinion. The Federal Circuit’s
mandate issued on June 30, 2011.
On July 18, 2011, the Commission
issued a notice requesting comments
from the parties regarding how to
proceed with the investigation following
the remand from the Federal Circuit. On
July 29, 2011, PPC filed a response to
the Commission’s notice. On August 1,
2011, the Commission investigative
attorney filed a response to the
Commission’s notice.
Having reviewed the record to the
investigation including all relevant
submissions, the Commission has
determined that the appropriate form of
remedy is a general exclusion order. The
general exclusion order prohibits the
unlicensed entry of coaxial cable
connectors and components thereof and
products containing the same that
infringe claim 1 and/or 5 of the ‘257
patent.
The Commission further determined
that the public interest factors
enumerated in section 337(d) (19 U.S.C.
1337(d)) do not preclude issuance of the
general exclusion order. Finally, the
Commission determined that the
amount of bond during the Presidential
review period (19 U.S.C. 1337(j)) shall
be in the amount of thirteen (13) cents
per coaxial connector of the defaulting
respondents—Hanjiang Fei Yu
Electronics Equipment Factory of China,
Zhongguang Electronics of China,
Yangzhou Zhongguang Electronics Co.
of China, and Yangzhou Zhongguang
Foreign Trade Co. Ltd. of China. A bond
in the amount of zero is required for any
other coaxial cable connector or
component thereof or product
containing the same covered by the
general exclusion order. The
Commission’s order was delivered to
the President and the United States
Trade Representative on the day of its
issuance.
The authority for the Commission’s
determination is contained in section
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58041
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
Issued: September 13, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–23894 Filed 9–16–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–806]
Certain Digital Televisions Containing
Integrated Circuit Devices and
Components Thereof; 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
August 12, 2011, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Renesas
Electronics Corporation of Japan and
511 Technologies, Inc. of Marshall,
Texas. Letters supplementing the
complaint were filed on September 1,
2011 and September 6, 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 digital
televisions containing integrated circuit
devices and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 7,199,432 (‘‘the ‘432
patent’’) and U.S. Patent No. 6,531,400
(‘‘the ‘400 patent’’). The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a cease and desist
order.
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
SUMMARY:
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19SEN1
58042
Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices
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.
mstockstill on DSK4VPTVN1PROD 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 complaint, the U.S.
International Trade Commission, on
September 12, 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 digital televisions
containing integrated circuit devices
and components thereof that infringe
one or more of claims 9, 10, 12, 31, 32,
and 35 of the ‘432 patent and claims 6–
10 of the ‘400 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 complainants are:
Renesas Electronics Corporation,
Nippon Building, 2–6–2, Ote-machi,
Chiyoda-ku, Tokyo 100–0004, Japan;
511 Technologies, Inc., 511 N.
Washington Avenue, Marshall, TX
75670.
(b) The respondent is the following
entity alleged to be in violation of
section 337, and is the party upon
which the complaint is to be served:
Vizio, Inc., 39 Tesla, Irvine, CA 92618.
(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 Chief Administrative Law Judge,
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Jkt 223001
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 respondent 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 the 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: September 13, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–23890 Filed 9–16–11; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Notice is hereby given that on
September 12, 2011, a proposed Consent
Decree in United States of America v.
CDS Investment Co., et al., Civil Action
No. 2:11–cv–5696, D.J. Ref. 90–11–3–
1604/1, was lodged with the United
States District Court for the Eastern
District of Pennsylvania.
In this action the United States sought
reimbursement of response costs
incurred and to be incurred in
connection with the release or
threatened release of hazardous
substances at the AIW Frank/MidCounty Mustang Superfund Site (the
‘‘Site’’) located near Exton, West
Whiteland Township, Chester County,
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Pennsylvania. The Consent Decree
obligates the Settling Defendants to pay
a total of $830,000 which the United
States and Pennsylvania will share in
reimbursement of past response costs
each has incurred at the Sites. The
United States will receive 75% of this
amount, and Pennsylvania will receive
25%. Pennsylvania will file a separate
complaint and consent decree in order
to effectuate its settlement with the
Settling Defendants. The settlement also
contains provisions by which the
United States would receive at least
65% of the proceeds of any future
recovery on insurance policies related to
business operations at the Sites.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States of America v. CDS Investment
Co., et al., Civil Action No. 2:11–cv–
5696, D.J. Ref. 90–11–3–1604/1.
During the public comment period,
the Consent Decree may be examined on
the following Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html, maintained by
the Department of Justice. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611 or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. In
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $8.50 (@ 25 cents per
page reproduction cost) payable to the
U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
Consent Decree Library at the stated
address.
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2011–23957 Filed 9–16–11; 8:45 am]
BILLING CODE 4410–15–P
E:\FR\FM\19SEN1.SGM
19SEN1
Agencies
[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 58041-58042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23890]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-806]
Certain Digital Televisions Containing Integrated Circuit Devices
and Components Thereof; 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 August 12, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Renesas Electronics Corporation of Japan and 511 Technologies, Inc. of
Marshall, Texas. Letters supplementing the complaint were filed on
September 1, 2011 and September 6, 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 digital televisions containing integrated
circuit devices and components thereof by reason of infringement of
certain claims of U.S. Patent No. 7,199,432 (``the `432 patent'') and
U.S. Patent No. 6,531,400 (``the `400 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
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
[[Page 58042]]
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 September 12, 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 digital
televisions containing integrated circuit devices and components
thereof that infringe one or more of claims 9, 10, 12, 31, 32, and 35
of the `432 patent and claims 6-10 of the `400 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 complainants are:
Renesas Electronics Corporation, Nippon Building, 2-6-2, Ote-machi,
Chiyoda-ku, Tokyo 100-0004, Japan;
511 Technologies, Inc., 511 N. Washington Avenue, Marshall, TX 75670.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Vizio, Inc., 39 Tesla, Irvine, CA 92618.
(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 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 respondent 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 the 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: September 13, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-23890 Filed 9-16-11; 8:45 am]
BILLING CODE 7020-02-P