Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same; Notice of Institution of Investigation, 1725-1726 [2012-301]

Download as PDF Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Peggy O’Dell, Deputy Director, Operations. [FR Doc. 2012–279 Filed 1–10–12; 8:45 am] BILLING CODE P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–824] Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same; Notice of Institution of Investigation 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 December 5, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Walker Digital, LLC, of Stamford, Connecticut. Letters supplementing the complaint were filed on December 21, 2011, and December 22, 2011. The complaint, as supplemented, 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 Blu-ray disc players, components thereof and products containing same by reason of infringement of certain claims of U.S. Patent No 6,263,505 (‘‘the ‘505 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. SUMMARY: 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 pmangrum on DSK3VPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 15:02 Jan 10, 2012 Jkt 226001 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 January 5, 2012, 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 Blu-ray disc players, components thereof and products containing same that infringe one or more of claims 7, 8, 10, 12, 14, and 15 of the ‘505 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: Walker Digital, LLC, 2 High Ridge Park, Stamford, CT 06905. (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: D&M Holdings, Inc., D&M Building 2– 1, Nisshin-cho, Kawasaki-ku, Kawasakishi, Kanagawa 210–8569, Japan. D&M Holdings US, Inc., 100 Corporate Drive, Mahwah, NJ 07430. Denon Electronics (USA) LLC, 100 Corporate Drive, Mahwah, NJ 07430. Funai Electric Co., Ltd., 7–7–1 Nakagaito, Daito City, Osaka 574–0013, Japan. Funai Corporation, Inc., 201 Route 17 North, Suite 903, Rutherford, NJ 07070. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 1725 Haier Group Corporation, 1 Haier Road, Hi-Tech Zone, Qindao 266101, China. Haier America Trading, LLC, 1356 Broadway, New York, NY 10018. Harman International Industries, Inc., 400 Atlantic Street, 15th Floor, Stamford, CT 06901. Inkel Corporation, 3–8, CheongcheonDong, Bupyeong-Gu, Incheon, 4.3–853, South Korea. LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-gu, Seoul 150–721, South Korea. LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632. Marantz America LLC, 100 Corporate Drive, Mahwah, NJ 07430. Onkyo Sound & Vision Corporation, 2–1 Nisshin-cho, Neyagawa-shi, Osaka 572–8540, Japan. Onkyo USA Corporation, 18 Park Way, Upper Saddle River, NJ 07458. Orion America, Inc., 1150 S. Main Street, Princeton, IN 47670. Orion Electric Co., Ltd., 41–1 Iehisacho, Echizen-shi, Fukui 915–8555, Japan. Panasonic Corporation, 1006 Oaza Kodoma, Kadoma-shi, Osaka 571–8501, Japan. Panasonic Corporation of North America, One Panasonic Way, Seacaucus, NJ 07094. P&F USA, Inc., 3015 Windward Plaza, Suite 100, Alpharetta, GA 30005. Philips Electronics North America Corp., 3000 Minuteman Road, Andover, Massachusetts 01810. Pioneer Corporation, 1–1 Shin-ogura, Saiwai-ku, Kawasaki-shi, Kanagawa 212–0031, Japan. Pioneer Electronics (USA) Inc., 1925 East Dominguez Street, Long Beach, CA 90810. Samsung Electronics Co., Ltd., 1320– 10, Seocho 2-dong, Seocho-gu, Seoul 137–857, South Korea. Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield Park, NJ 07660. Sharp Corporation, 22–22 Nagaikecho, Abeno-ku, Osaka 545–8522, Japan. Sharp Electronics Corporation, 1 Sharp Plaza, Mahwah, NJ 07495. Sherwood America, Inc., 14730 Beach Boulevard, #102, La Mirada, CA 90638. Sony Corporation, 1–7–1 Konan, Minato-ku, Tokyo 108–0075, Japan. Sony Computer Entertainment, Inc., 1–7–1 Konan, Minato-ku, Tokyo 108– 0075, Japan. Sony Corporation of America, 1550 Madison Avenue, New York, NY 10022. Sony Electronics, Inc., 6530 Via Esprillo, San Diego, CA 92127. Sony Computer Entertainment, America LLC, 919 East Hillsdale Boulevard, Foster City, CA 94404. E:\FR\FM\11JAN1.SGM 11JAN1 1726 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices Toshiba Corporation, 1–1, Shibaura 1–Chome, Minato-ku, Tokyo 105–8001, Japan. Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, Irvine, CA 92618. 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 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: January 5, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–301 Filed 1–10–12; 8:45 am] pmangrum on DSK3VPTVN1PROD with NOTICES BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–743] Investigations: Terminations, Modifications and Rulings: Certain Video Game Systems and Controllers U.S. International Trade Commission. AGENCY: VerDate Mar<15>2010 15:02 Jan 10, 2012 Jkt 226001 ACTION: Notice. Notice is hereby given that the U.S. International Trade Commission has determined to reviewin-part and affirm the final initial determination of the administrative law judge that no violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), has been shown in the above-captioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2661. 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 (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 November 5, 2010, based on a complaint filed by Motiva, LLC of Dublin, Ohio (‘‘Motiva’’). 75 FR 68379 (Nov. 5, 2010). The complaint alleged violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain video game systems and controllers by reason of infringement of claims 16, 27–32, 44, 57, 68, 81, and 84 of U.S. Patent No. 7,292,151 and claims 1–6 and 8–15 of U.S. Patent No. 7,492,268. The complaint named Nintendo Co., Ltd. of Kyoto, Japan and Nintendo of America, Inc. of Redmond, Washington (collectively, ‘‘Nintendo’’) as the only respondents. On November 2, 2011, the administrative law judge (‘‘ALJ’’) issued his final initial determination (‘‘ID’’) in this investigation finding no violation of section 337. Specifically, the ALJ found that the accused products do not infringe the asserted patents. The ALJ also determined that Motiva had not proven that a domestic industry exists or is in the process of being established with respect to the two asserted patents. SUMMARY: PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 On November 15, 2011, complainant Motiva and the Commission investigative attorney (‘‘IA’’) filed petitions for review of portions of the ID. On November 23, 2011, respondent Nintendo filed a response to both petitions and the IA filed a response to Motiva’s petition. Having examined the record of this investigation, including the ALJ’s final ID and the parties’ submissions, the Commission has determined to deny the petitions for review. The Commission has further determined to review two issues in the ID on its own initiative: (1) A statement in the ID connecting the relevant level of skill in the art to the skill of the inventors, and (2) the relevant time frame for considering whether a domestic industry exists or is in the process of being established. Upon review, the Commission has issued an opinion relating to those two issues. The Commission has determined not to review the remainder of the ID, thus affirming the ALJ’s determination of no violation of section 337. The investigation is terminated. The authority for the Commission’s determination is contained in section 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: January 5, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–302 Filed 1–10–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decree In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed consent decree in United States v. Michael P. Trinski and Michael G. Hogan, Case No. 07–C–3600, was lodged with the United States District Court for the Northern District of Illinois on December 28, 2011. This proposed Consent Decree concerns a complaint filed by the United States against Michael P. Trinski and Michael G. Hogan, pursuant to Section 301(a) of the Clean Water Act, 33 U.S.C. 1311(a), to obtain injunctive relief from and impose civil penalties against the Defendants for discharging dredged or fill material into waters of the United States without a permit. The proposed Consent Decree requires payment of a civil penalty and donation E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1725-1726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-301]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-824]


Certain Blu-Ray Disc Players, Components Thereof and Products 
Containing Same; Notice of Institution of Investigation

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 December 5, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Walker Digital, LLC, of Stamford, Connecticut. Letters supplementing 
the complaint were filed on December 21, 2011, and December 22, 2011. 
The complaint, as supplemented, 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 Blu-
ray disc players, components thereof and products containing same by 
reason of infringement of certain claims of U.S. Patent No 6,263,505 
(``the `505 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 January 5, 2012, 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 Blu-ray disc 
players, components thereof and products containing same that infringe 
one or more of claims 7, 8, 10, 12, 14, and 15 of the `505 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:
    Walker Digital, LLC, 2 High Ridge Park, Stamford, CT 06905.
    (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:
    D&M Holdings, Inc., D&M Building 2-1, Nisshin-cho, Kawasaki-ku, 
Kawasaki-shi, Kanagawa 210-8569, Japan.
    D&M Holdings US, Inc., 100 Corporate Drive, Mahwah, NJ 07430.
    Denon Electronics (USA) LLC, 100 Corporate Drive, Mahwah, NJ 07430.
    Funai Electric Co., Ltd., 7-7-1 Nakagaito, Daito City, Osaka 574-
0013, Japan.
    Funai Corporation, Inc., 201 Route 17 North, Suite 903, Rutherford, 
NJ 07070.
    Haier Group Corporation, 1 Haier Road, Hi-Tech Zone, Qindao 266101, 
China.
    Haier America Trading, LLC, 1356 Broadway, New York, NY 10018.
    Harman International Industries, Inc., 400 Atlantic Street, 15th 
Floor, Stamford, CT 06901.
    Inkel Corporation, 3-8, Cheongcheon-Dong, Bupyeong-Gu, Incheon, 
4.3-853, South Korea.
    LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, 
Yeongdeungpo-gu, Seoul 150-721, South Korea.
    LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, 
NJ 07632.
    Marantz America LLC, 100 Corporate Drive, Mahwah, NJ 07430.
    Onkyo Sound & Vision Corporation, 2-1 Nisshin-cho, Neyagawa-shi, 
Osaka 572-8540, Japan.
    Onkyo USA Corporation, 18 Park Way, Upper Saddle River, NJ 07458.
    Orion America, Inc., 1150 S. Main Street, Princeton, IN 47670.
    Orion Electric Co., Ltd., 41-1 Iehisa-cho, Echizen-shi, Fukui 915-
8555, Japan.
    Panasonic Corporation, 1006 Oaza Kodoma, Kadoma-shi, Osaka 571-
8501, Japan.
    Panasonic Corporation of North America, One Panasonic Way, 
Seacaucus, NJ 07094.
    P&F USA, Inc., 3015 Windward Plaza, Suite 100, Alpharetta, GA 
30005.
    Philips Electronics North America Corp., 3000 Minuteman Road, 
Andover, Massachusetts 01810.
    Pioneer Corporation, 1-1 Shin-ogura, Saiwai-ku, Kawasaki-shi, 
Kanagawa 212-0031, Japan.
    Pioneer Electronics (USA) Inc., 1925 East Dominguez Street, Long 
Beach, CA 90810.
    Samsung Electronics Co., Ltd., 1320-10, Seocho 2-dong, Seocho-gu, 
Seoul 137-857, South Korea.
    Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield 
Park, NJ 07660.
    Sharp Corporation, 22-22 Nagaike-cho, Abeno-ku, Osaka 545-8522, 
Japan.
    Sharp Electronics Corporation, 1 Sharp Plaza, Mahwah, NJ 07495.
    Sherwood America, Inc., 14730 Beach Boulevard, 102, La 
Mirada, CA 90638.
    Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan.
    Sony Computer Entertainment, Inc., 1-7-1 Konan, Minato-ku, Tokyo 
108-0075, Japan.
    Sony Corporation of America, 1550 Madison Avenue, New York, NY 
10022.
    Sony Electronics, Inc., 6530 Via Esprillo, San Diego, CA 92127.
    Sony Computer Entertainment, America LLC, 919 East Hillsdale 
Boulevard, Foster City, CA 94404.

[[Page 1726]]

    Toshiba Corporation, 1-1, Shibaura 1-Chome, Minato-ku, Tokyo 105-
8001, Japan.
    Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, 
Irvine, CA 92618.
    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 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: January 5, 2012.
    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-301 Filed 1-10-12; 8:45 am]
BILLING CODE 7020-02-P
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