Certain Products Containing Interactive Program Guide and Parental Controls Technology; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based Upon a Settlement Agreement; Termination of the Investigation, 16532-16533 [2013-05993]

Download as PDF 16532 srobinson on DSK4SPTVN1PROD with NOTICES ACTION: Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 47) of the presiding administrative law judge (‘‘ALJ’’) terminating the investigation. FOR FURTHER INFORMATION CONTACT: Amanda S. Pitcher, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2737. 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 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. 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 February 27, 2012, based on a complaint filed by Eastman Kodak Company of Rochester, New York. 77 FR 11588–89 (Feb. 27, 2012). The complaint alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 7,210,161; 7,742,084; 7,453,605; 7,936,391; and 6,292,218 by certain electronic devices for capturing and transmitting images, and components thereof. The complaint further alleges that an industry in the United States exists as required by subsections (a)(2) and (3) of section 337. The Notice of Institution named as respondents Apple Inc. of Cupertino, California; High Tech Computer Corp. a/k/a HTC Corp. of Taoyuan, Taiwan; HTC America, Inc. of Bellevue, Washington; and Exedea, Inc. of Houston, Texas. On February 12, 2013, the ALJ issued the subject ID, terminating the investigation pursuant to Commission Rule 210.21 for good cause. None of the parties petitioned for review of the ID. The Commission has determined not to review the ID. 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 section 210.42 of the Commission’s VerDate Mar<14>2013 17:37 Mar 14, 2013 Jkt 229001 Rules of Practice and Procedure (19 CFR 210.42). By order of the Commission. Issued: March 11, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–05995 Filed 3–14–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–820] Certain Products Containing Interactive Program Guide and Parental Controls Technology; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based Upon a Settlement Agreement; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 58) terminating the investigation based upon a settlement agreement in the above captioned investigation. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2392. 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 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. 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 December 21, 2011, based on a complaint filed by Rovi Corporation of Santa Clara, California; Rovi Guides, Inc. (f/k/a/Gemstar-TV Guide International Inc.) of Santa Clara, PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 California; United Video Properties, Inc. of Santa Clara, California; Gemstar Development Corporation of Santa Clara, California; and Index Systems, Inc. of Tortola, the British Virgin Islands (collectively, ‘‘Rovi’’). 76 FR 79214–5 (Dec. 21, 2011). The complaint alleged violations of Section 337 of the Tariff Act of 1930, as amended, 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 products containing interactive program guide and parental controls technology by reason of infringement of certain claims of U.S. Patent Nos. 7,493,643; RE41,993; 6,701,523; and 7,047,547. The notice of investigation named Vizio, Inc. of Irvine, California (‘‘Vizio’’); Haier Group Corp. of Shandong, China (‘‘HGC’’); and Haier America of New York, New York (‘‘Haier America’’) as respondents. The Office of Unfair Import Investigations was also named as a party, but later decided not to participate in the investigation under the Commission’s Supplement to the Strategic Human Capital Plan 2009–2013. Commission Investigative Staff’s Notice of Nonparticipation (Jan. 6, 2012). The Commission later terminated the investigation as to Haier America and HGC based on consent orders. Notice (June 18, 2012) (Order No. 18); Notice (June 18, 2012) (Order No. 19). On January 4, 2013, Rovi and Vizio jointly filed a motion to terminate the investigation based upon a settlement agreement. Rovi and Vizio filed public and confidential versions of the motion to terminate and the settlement agreement. On January 8, 2013, the ALJ granted the motion as an ID (Order No. 56). On January 29, 2013, the Commission determined to review the ID and found that the public version of the settlement agreement did not comply with Commission Rules 210.21(b)(1) and 201.6. Accordingly, the Commission remanded the investigation to the ALJ to require Rovi and Vizio to file a renewed motion to terminate along with public and confidential versions of the settlement agreement that comply with Commission rules. In response to the Commission’s January 29, 2013 Order, Rovi and Vizio jointly filed a renewed motion to terminate the investigation based upon a settlement agreement on February 13, 2013, that included a fully unredacted confidential version of the settlement agreement and a lightly redacted public version. On February 19, 2013, the ALJ issued the subject ID (Order No. 58) granting the motion. The ALJ found that termination would be in the public interest. E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices No petitions for review of the ID were filed. The Commission has determined not to review the ID. 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 section 210.42–46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–46). By order of the Commission. Issued: March 11, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–05993 Filed 3–14–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–873] Certain Integrated Circuit Devices and Products Containing the Same; Institution of Investigation Pursuant to 19 U.S.C. 1337 U.S. International Trade Commission. ACTION: Notice. srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 8, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Tela Innovations, Inc. of Los Gatos, California. A letter supplementing the complaint was filed on February 28, 2013. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain integrated circuit devices and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 8,264,049 (‘‘the ’049 patent’’); U.S. Patent No. 8,264,044 (‘‘the ’044 patent’’); U.S. Patent No. 8,258,550 (‘‘the ’550 patent’’); U.S. Patent No. 8,258,547 (‘‘the ’547 patent’’); U.S. Patent No. 8,217,428 (‘‘the ’428 patent’’); U.S. Patent No. 8,258,552 (‘‘the ’552 patent’’); and U.S. Patent No. 8,030,689 (‘‘the ’689 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 VerDate Mar<14>2013 17:37 Mar 14, 2013 Jkt 229001 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 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 (2012). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 11, 2013, 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 circuit devices and products containing the same that infringe one or more of claims 1–11 and 20–23 of the ’049 patent; claims 1–5, 7, 8, 10–14, 17, 18, 21–25, 28, 29, 32–36, 39, and 40 of the ’044 patent; claims 1–23, 26–31, and 38–46 of the ’550 patent; claims 1–34 of the ’547 patent; claims 1–13 of the ’428 patent; claims 1–5, 11, and 18–47 of the ’552 patent; and claims 2–4, 29, and 33– 46 of the ’689 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 16533 recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1) and (f)(1); (3) 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: Tela Innovations, Inc., 485 Alberto Way, Suite 115, Los Gatos, CA 95032. (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: HTC Corporation, 23 Xinghua Road, Taoyuan, 330, Taiwan. HTC America, Inc., 13920 SE. Eastgate Way, Bellevue, WA 98005. LG Electronics, Inc., LG Twin Towers, 20, Yeouido-dong, Yeongdeungpo-gu, Seoul 150–721, Republic of Korea. LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632. LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San Diego, CA 92131. Motorola Mobility LLC, 600 N. U.S. Highway 45, Libertyville, IL 60048. Nokia Corporation (Nokia Oyj), Keilalahdentie 2–4, FI–02150 Espoo, Finland. Nokia, Inc., 200 South Matilda Avenue, West Washington Avenue, Sunnyvale, CA 94086. Pantech Co., Ltd., Pantech R&D Center, I–2, DMC Sangam-dong Mapo-go, Seoul, 121–270, Republic of Korea. Pantech Wireless, Inc., 5607 Glenridge Dr. NE., Suite 500, Atlanta, GA 30342. (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 E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Pages 16532-16533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05993]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-820]


Certain Products Containing Interactive Program Guide and 
Parental Controls Technology; Commission Determination Not To Review an 
Initial Determination Terminating the Investigation Based Upon a 
Settlement Agreement; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 58) 
terminating the investigation based upon a settlement agreement in the 
above captioned investigation.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. 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 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. 
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 December 21, 2011, based on a complaint filed by Rovi Corporation of 
Santa Clara, California; Rovi Guides, Inc. (f/k/a/Gemstar-TV Guide 
International Inc.) of Santa Clara, California; United Video 
Properties, Inc. of Santa Clara, California; Gemstar Development 
Corporation of Santa Clara, California; and Index Systems, Inc. of 
Tortola, the British Virgin Islands (collectively, ``Rovi''). 76 FR 
79214-5 (Dec. 21, 2011). The complaint alleged violations of Section 
337 of the Tariff Act of 1930, as amended, 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 products 
containing interactive program guide and parental controls technology 
by reason of infringement of certain claims of U.S. Patent Nos. 
7,493,643; RE41,993; 6,701,523; and 7,047,547. The notice of 
investigation named Vizio, Inc. of Irvine, California (``Vizio''); 
Haier Group Corp. of Shandong, China (``HGC''); and Haier America of 
New York, New York (``Haier America'') as respondents. The Office of 
Unfair Import Investigations was also named as a party, but later 
decided not to participate in the investigation under the Commission's 
Supplement to the Strategic Human Capital Plan 2009-2013. Commission 
Investigative Staff's Notice of Nonparticipation (Jan. 6, 2012). The 
Commission later terminated the investigation as to Haier America and 
HGC based on consent orders. Notice (June 18, 2012) (Order No. 18); 
Notice (June 18, 2012) (Order No. 19).
    On January 4, 2013, Rovi and Vizio jointly filed a motion to 
terminate the investigation based upon a settlement agreement. Rovi and 
Vizio filed public and confidential versions of the motion to terminate 
and the settlement agreement. On January 8, 2013, the ALJ granted the 
motion as an ID (Order No. 56). On January 29, 2013, the Commission 
determined to review the ID and found that the public version of the 
settlement agreement did not comply with Commission Rules 210.21(b)(1) 
and 201.6. Accordingly, the Commission remanded the investigation to 
the ALJ to require Rovi and Vizio to file a renewed motion to terminate 
along with public and confidential versions of the settlement agreement 
that comply with Commission rules.
    In response to the Commission's January 29, 2013 Order, Rovi and 
Vizio jointly filed a renewed motion to terminate the investigation 
based upon a settlement agreement on February 13, 2013, that included a 
fully unredacted confidential version of the settlement agreement and a 
lightly redacted public version. On February 19, 2013, the ALJ issued 
the subject ID (Order No. 58) granting the motion. The ALJ found that 
termination would be in the public interest.

[[Page 16533]]

    No petitions for review of the ID were filed. The Commission has 
determined not to review the ID.
    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 section 210.42-46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-46).

    By order of the Commission.

    Issued: March 11, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-05993 Filed 3-14-13; 8:45 am]
BILLING CODE 7020-02-P