Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, 36573-36574 [2013-14448]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–882]
Certain Digital Media Devices,
Including Televisions, Blu-Ray Disc
Players, Home Theater Systems,
Tablets and Mobile Phones,
Components Thereof and Associated
Software
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.
The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
U.S. International Trade
Commission.
ACTION: Notice, Institution of
investigation pursuant to 19 U.S.C.
1337.
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).
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on May
13, 2013, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Black Hills Media,
LLC of Wilmington, Delaware. 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
media devices, including televisions,
blu-ray disc players, home theater
systems, tablets and mobile phones,
components thereof and associated
software, by reason of infringement of
U.S. Patent No. 8,028,323 (‘‘the ‘323
patent’’), U.S. Patent No. 8,214,873 (‘‘the
‘873 patent’’), U.S. Patent No. 8,230,099
(‘‘the ‘099 patent’’), U.S. Patent No.
8,045,952 (‘‘the ‘952 patent’’), U.S.
Patent No. 8,050,652 (‘‘the ‘652 patent’’),
and U.S. Patent No. 6,618,593 (‘‘the ‘593
patent’’). The complaint further alleges
that an industry exists in the United
States as required by subsection (a)(2) of
section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited 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
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
June 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 digital media
devices, including televisions, blu-ray
disc players, home theater systems,
tablets and mobile phones, components
thereof and associated software by
reason of infringement of one or more of
claims 1–5, 10, 11, 13, 14, and 16–18 of
the ‘323 patent; claims 1, 2, 5–8, 15–19,
22, 23, 25–27, 30, 31, 34–37, and 44–46
of the 873 patent; claims 1 and 10–12
of the ‘099 patent; claims 1, 2–4, 9–12,
and 14 of the ‘952 patent; claims 1, 3,
4, 6, 7, 10, 11, 13, 42–45, 47–50, 52 and
55 of the ‘652 patent; and claims 1, 4,
7, 10 and 13–21 of the ‘593 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: Black Hills
Media, LLC, 1000 N. West Street, Suite
1200, Wilmington, Delaware 92064.
(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:
Samsung Electronics Co. Ltd., 1320–
10, Seocho 2-dong Seocho-gu, Seoul,
Republic of Korea;
Samsung Electronics America, Inc.,
105 Challenger Road, Ridgefield Park,
New Jersey 02660;
Samsung Telecommunications
America, LLC, 1301 East Lookout Drive,
Richardson, Texas 75082;
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:52 Jun 17, 2013
Jkt 229001
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
36573
LG Electronics, Inc., LG Twin Towers,
20 Yeouido-dong, Yeogdeungpo-gu,
Seoul 150–721, Republic of Korea;
LG Electronics U.S.A., Inc., 1000
Sylvan Avenue, Englewood Cliffs, New
Jersey 07632;
LG Electronics MobileComm U.S.A.,
Inc., 10101 Old Grove Road, San Diego,
California 92131;
Panasonic Corporation, 10006 Oaza
Kodoma, Kadoma-shi, Osaka 571–8501,
Japan;
Panasonic Corporation of North
America, One Panasonic Way,
Secaucus, New Jersey 07904;
Toshiba Corporation, 1–1, Shibaura 1Chome, Minato-ku, Tokyo 105–8001,
Japan;
Toshiba America Information
Systems, Inc. 9740 Irvine Boulevard,
Irvine, California 92618;
Sharp Corporation, 22–22 Nagaikecho, Abenko-ku, Osaka 545–8522,
Japan;
Sharp Electronics Corporation, 1
Sharp Plaza, Mahwah, New Jersey
07495.
(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(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.
E:\FR\FM\18JNN1.SGM
18JNN1
36574
Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / Notices
By order of the Commission.
Issued: June 13, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–14448 Filed 6–17–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–830]
Certain Dimmable Compact
Fluorescent Lamps and Products
Containing Same; Termination as to
Three Respondents on the Basis of
Settlement; Decision To Review an
Initial Determination Finding No
Violation of Section 337; Schedule for
Filing Written Submissions
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to
terminate the investigation as to three
respondents on the basis of settlement.
The Commission has also determined to
review in part the final initial
determination (‘‘ID’’) issued by the
presiding administrative law judge
(‘‘ALJ’’) on February 27, 2013, finding
no violation of section 337 of the Tariff
Act of 1930 in this investigation.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2532. 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. Hearingimpaired 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 Andrzej Bobel and
Neptun Light, Inc., both of Lake Forest,
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:52 Jun 17, 2013
Jkt 229001
Illinois (collectively, ‘‘Neptun’’). 77 FR
11587 (Feb. 27, 2012). The complaint
alleged violations of section 337 of the
Tariff Act of 1930, as amended 19 U.S.C.
1337, by reason of the infringement of
certain claims of United States Patent
Nos. 5,434,480 (‘‘the ’480 patent’’) and
8,035,318 (‘‘the ’318 patent’’). The
complaint named numerous
respondents, many of whom have been
terminated from the investigation on the
basis of settlement agreement, consent
order, or withdrawal of the complaint.
The remaining respondents are
Technical Consumer Products, Inc. of
Aurora, Ohio; Shanghai Qiangling
Electronics Co., Ltd. of Shanghai, China;
Zhejiang Qiang Ling Electronic Co. Ltd.
of Zhenjiang, China (collectively,
‘‘TCP’’); U Lighting America Inc. of San
Jose, California (‘‘ULA’’); and Golden U
Lighting Manufacturing (Shenzhen) of
Shenzhen, China (‘‘Golden U’’). Claim 9
of the ’480 patent is asserted against
ULA and Golden U, and claims 1 and
12 of the ’318 patent are asserted against
TCP.
On February 27, 2013, the ALJ issued
his final Initial Determination (‘‘ID’’).
The ID found no violation of section 337
on the basis of Neptun’s failure to
satisfy the economic prong of the
domestic industry requirement of
section 337. The ALJ also found that
respondent TCP’s accused products do
not infringe the asserted claims of the
’318 patent.
On March 12, 2013, Neptun filed a
petition for review of the ID; TCP and
ULA each filed a contingent petition for
review of the ID. On March 20, 2013,
Neptun opposed TCP’s and ULA’s
petitions, and TCP and ULA each
opposed Neptun’s petition. On April 3,
2013, the Commission extended the
whether-to-review deadline and the
target date by approximately six weeks.
Notice (Apr. 3, 2013).
On June 10, 2013, Neptun and TCP
filed an unopposed joint motion to
terminate the investigation as to TCP on
the basis of a settlement agreement
between Neptun and TCP. The
Commission finds that it is in the public
interest to terminate the investigation as
to TCP on the basis of settlement, and
the Commission grants the joint motion.
Turning to the petitions for review of
the ID, having examined the record of
this investigation, including the ALJ’s
final ID, the petitions for review, and
the responses thereto, the Commission
has determined to review the ALJ’s
finding that Neptun did not satisfy the
domestic industry requirement. The
Commission has also determined to
review the ALJ’s claim construction of
‘‘integrated into’’ in claim 9 of the ’480
patent, as well as the ALJ’s finding of
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
infringement insofar as the finding is
based upon that construction. The
Commission has determined not to
review the remainder of the ID.
In connection with the Commission’s
review, the parties are asked to respond
only to the questions enumerated below.
For all other matters under review, the
Commission finds the extensive briefing
before the ALJ and the petitions for
review to be sufficient. Each party
should address questions 1–4 in its
opening brief, and may respond to each
other’s arguments in reply. Neptun
should address question 5 in its opening
brief, with ULA addressing question 5
in ULA’s reply brief.
(1) What is the plain and ordinary
meaning of ‘‘integrated into’’ (include
citations to the record where you made
such arguments to the ALJ)? In the
context of an electronic circuit, does the
construction of ‘‘integrated into’’ as ‘‘in
some way connected to’’ render
superfluous that claim term, including
the word ‘‘into’’?
(2) Whether the specification of the
’480 patent (including the passages cited
in ULA’s petition for review at pages
26–32) supports a construction of
‘‘integrated into’’ in which the boosting
circuit uses downstream rectified
current to perform boosting. If not,
explain whether you contend that the
specification limits the term ‘‘integrated
into’’ to something other than its plain
and ordinary meaning.
(3) Whether the prosecution history of
the ’480 patent permits a construction of
‘‘integrated into’’ in which the boosting
circuit is downstream from the rectifier,
and where the rectifier itself does not
perform boosting.
(4) Whether the boosting circuit in
ULA’s accused products uses
downstream rectified current to perform
boosting, and whether ULA’s products
meet the ‘‘integrated into’’ claim
limitation, literally or under the
doctrine of equivalents.
(5) Which of complainants’ asserted
expenses constitute investments that fall
under 19 U.S.C. 1337(a)(3)(C), such as
investments in engineering, research
and development, or licensing? Please
identify and provide a reasonable
estimate, based on the evidence of
record, of the portion of these expenses
that are associated with the exploitation
of the ’480 patent. Please explain,
qualitatively, how these expenses—and
the underlying activities that these
expenses reflect—relate to exploitation
of the ’480 patent.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
E:\FR\FM\18JNN1.SGM
18JNN1
]]>Agencies
[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Notices]
[Pages 36573-36574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14448]
[[Page 36573]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-882]
Certain Digital Media Devices, Including Televisions, Blu-Ray
Disc Players, Home Theater Systems, Tablets and Mobile Phones,
Components Thereof and Associated Software
AGENCY: U.S. International Trade Commission.
ACTION: Notice, Institution of investigation pursuant to 19 U.S.C.
1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on May 13, 2013, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Black Hills Media, LLC of Wilmington, Delaware. 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 media devices, including
televisions, blu-ray disc players, home theater systems, tablets and
mobile phones, components thereof and associated software, by reason of
infringement of U.S. Patent No. 8,028,323 (``the `323 patent''), U.S.
Patent No. 8,214,873 (``the `873 patent''), U.S. Patent No. 8,230,099
(``the `099 patent''), U.S. Patent No. 8,045,952 (``the `952 patent''),
U.S. Patent No. 8,050,652 (``the `652 patent''), and U.S. Patent No.
6,618,593 (``the `593 patent''). The complaint further alleges that an
industry exists in the United States as required by subsection (a)(2)
of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited 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 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 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 digital
media devices, including televisions, blu-ray disc players, home
theater systems, tablets and mobile phones, components thereof and
associated software by reason of infringement of one or more of claims
1-5, 10, 11, 13, 14, and 16-18 of the `323 patent; claims 1, 2, 5-8,
15-19, 22, 23, 25-27, 30, 31, 34-37, and 44-46 of the 873 patent;
claims 1 and 10-12 of the `099 patent; claims 1, 2-4, 9-12, and 14 of
the `952 patent; claims 1, 3, 4, 6, 7, 10, 11, 13, 42-45, 47-50, 52 and
55 of the `652 patent; and claims 1, 4, 7, 10 and 13-21 of the `593
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: Black Hills Media, LLC, 1000 N. West
Street, Suite 1200, Wilmington, Delaware 92064.
(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:
Samsung Electronics Co. Ltd., 1320-10, Seocho 2-dong Seocho-gu,
Seoul, Republic of Korea;
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield
Park, New Jersey 02660;
Samsung Telecommunications America, LLC, 1301 East Lookout Drive,
Richardson, Texas 75082;
LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Yeogdeungpo-
gu, Seoul 150-721, Republic of Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs,
New Jersey 07632;
LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San
Diego, California 92131;
Panasonic Corporation, 10006 Oaza Kodoma, Kadoma-shi, Osaka 571-
8501, Japan;
Panasonic Corporation of North America, One Panasonic Way,
Secaucus, New Jersey 07904;
Toshiba Corporation, 1-1, Shibaura 1-Chome, Minato-ku, Tokyo 105-
8001, Japan;
Toshiba America Information Systems, Inc. 9740 Irvine Boulevard,
Irvine, California 92618;
Sharp Corporation, 22-22 Nagaike-cho, Abenko-ku, Osaka 545-8522,
Japan;
Sharp Electronics Corporation, 1 Sharp Plaza, Mahwah, New Jersey
07495.
(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(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.
[[Page 36574]]
By order of the Commission.
Issued: June 13, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14448 Filed 6-17-13; 8:45 am]
BILLING CODE 7020-02-P
