Certain Three-Dimensional Cinema Systems and Components Thereof Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 49264-49265 [2016-17711]

Download as PDF 49264 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices 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 21, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–17712 Filed 7–26–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–939] Certain Three-Dimensional Cinema Systems and Components Thereof Commission’s Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation. The Commission has issued a limited exclusion order prohibiting the importation of certain three-dimensional cinema systems, and components thereof, that infringe certain claims of the patents at issue. The Commission has also issued cease and desist orders directed to the two respondents. The remedial orders are suspended as to certain patent claims pending final resolution of a validity issue. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–3438. Copies of non-confidential sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 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 (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 12, 2014, based on a complaint filed by RealD, Inc. of Beverly Hills, California (‘‘RealD’’). 79 FR 73902–03 (Dec. 12, 2014). The complaint alleges 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 three-dimensional cinema systems, and components thereof, that infringe certain claims of U.S. Patent Nos. 7,905,602 (‘‘the ’602 patent’’); 8,220,934 (‘‘the ’934 patent’’); 7,857,455 (‘‘the ’455 patent’’); and 7,959,296 (‘‘the ’296 patent’’). Id. at 73902. The notice of investigation named as respondents MasterImage 3D, Inc. of Sherman Oaks, California, and MasterImage 3D Asia, LLC of Seoul, Republic of Korea (collectively, ‘‘MasterImage’’). Id. at 73903. The Office of Unfair Import Investigations was not named as a party to the investigation. Id. On July 23, 2015, the Commission terminated the investigation as to various of the asserted claims and the ’602 patent in its entirety. Notice (July 23, 2015) (determining not to review Order No. 6 (July 2, 2015)); Notice (Aug. 20, 2015) (determining not to review Order No. 7 (Aug. 3, 2015)). On September 25, 2015, the Commission determined on summary determination that RealD satisfied the economic prong of the domestic industry requirement through its significant investment in plant, significant investment in labor, and substantial investment in engineering, research, and development. Notice (Sept. 25, 2015) (determining to review in part Order No. 9 (Aug. 20, 2015)). The Commission, however, reversed the summary determination with respect to RealD’s investment in equipment. Id. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 On December 16, 2015, the presiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘ID’’) finding a violation of section 337 with respect to the three remaining asserted patents. The ALJ found that the asserted claims of the ’455, ’296, and ’934 patents are infringed and not invalid or unenforceable. The ALJ found that the technical prong of the domestic industry requirement was satisfied for the ’455, ’296, and ’934 patents. The ALJ also issued a Recommended Determination on Remedy and Bonding (‘‘RD’’), recommending that a limited exclusion order and cease and desist orders should issue and that a bond of 100 percent should be imposed during the period of Presidential review. On December 29, 2015, MasterImage filed a petition for review challenging various findings in the final ID. On January 6, 2016, RealD filed a response to MasterImage’s petition. On January 15, 2016, and January 19, 2016, MasterImage and RealD respectively filed post-RD statements on the public interest under Commission Rule 210.50(a)(4). The Commission did not receive any post-RD public interest comments from the public in response to the Commission notice issued on December 22, 2015. 80 FR 80795 (Dec. 28, 2015). On February 16, 2016, the Commission determined to review the final ID in part and requested additional briefing from the parties on certain issues. 81 FR at 8744–45. Specifically, the Commission determined to review (1) the ID’s construction of the ‘‘uniformly modulate’’ limitation recited in claims 1 and 17 of the ’455 patent; (2) the ID’s infringement findings with respect to the asserted claims of the ’455 patent; (3) the ID’s findings on validity of the asserted claims of the ’455 patent; (4) the ID’s finding of proper inventorship of the ’296 patent; (5) the ID’s findings on validity of the asserted claims of the ’934 patent; and (6) the ID’s finding regarding the technical prong of the domestic industry requirement with respect to the ’455 patent. Id. at 8745. The Commission also solicited briefing from the parties and the public on the issues of remedy, the public interest, and bonding. Id. On March 1, 2016, the parties filed initial written submissions addressing the Commission’s questions and the issues of remedy, the public interest, and bonding. On March 11, 2016, the parties filed response briefs. No comments were received from the public. On April 18, 2016, the Commission requested additional briefing on the effect of a Final Written Decision issued by the Patent Trial and E:\FR\FM\27JYN1.SGM 27JYN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices Appeal Board of the U.S. Patent and Trademark Office (‘‘PTAB’’) on April 14, 2016, finding certain claims of the ’934 patent unpatentable, on the Commission’s final determination. 81 FR 23749–50 (Apr. 22, 2016). On April 26, 2016, the parties filed initial written submissions addressing the Commission’s question. On May 3, 2016, the parties filed response briefs. Having examined the record of this investigation, including the final ID and the parties’ submissions, the Commission has determined that RealD has proven a violation of section 337 based on infringement of claims 1–3, 9– 11, 13, 15, 17–19, and 21 of the ’455 patent; claims 1, 2, 7, 8, 11, and 12 of the ’296 patent; and claims 1, 6, and 11 of the ’934 patent. The Commission has determined to modify the ALJ’s construction of the ‘‘uniformly modulate’’ limitation recited in claims 1 and 17 of the ’455 patent. Under the modified construction, the Commission has determined that RealD has proven that the accused MasterImage Horizon 3D, 3D S, M, Rv1, and Rv2 products infringe the asserted claims of the ’455 patent and that the technical prong of the domestic industry requirement is satisfied with respect to that patent. The Commission has determined that the asserted claims of the ’455 patent are not invalid under 35 U.S.C. 102(e), 102(g), 103, and 112, ¶¶ 1 and 2. The Commission has determined that the asserted claims of the ’296 patent are not invalid under 35 U.S.C. 116 for improper inventorship. The Commission has also determined that the asserted claims of the ’934 patent are not invalid under 35 U.S.C. 102(g) and 103. The Commission has determined the appropriate remedy is a limited exclusion order prohibiting the importation of certain threedimensional cinema systems, and components thereof, that infringe the asserted claims of the ’455, ’296, and ’934 patents and cease and desist orders directed against MasterImage. The Commission has determined the public interest factors enumerated in section 337(d)(1) and (f)(1) do not preclude issuance of the limited exclusion order or cease and desist orders. In view of the PTAB’s Final Written Decision finding certain claims of the ’934 patent unpatentable, the Commission has determined to suspend the enforcement of the limited exclusion order and cease and desist orders as to claims 1, 6, and 11 of the ’934 patent pending final resolution of the PTAB’s Final Written Decision. See 35 U.S.C. 318(b). The Commission has also determined to set a bond in the amount VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 of 100 percent of the entered value of excluded products imported during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. 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). By order of the Commission. Issued: July 21, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–17711 Filed 7–26–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1014] Certain Intermediate Bulk Containers; 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 June 22, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. ¨ 1337, on behalf of Schutz Container Systems Inc. of North Branch, New Jersey. The complaint was supplemented on June 29 and July 7, 2016. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States or sale of certain composite intermediate bulk containers by reason of infringement of certain trade dress, the threat or effect of which is to substantially destroy or injure a domestic industry. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited 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 on this matter can be obtained by SUMMARY: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 49265 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. SUPPLEMENTARY INFORMATION: Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on July 21, 2016, 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)(A) of section 337 in the importation into the United States or sale of certain composite intermediate bulk containers, the threat or effect of which is to substantially destroy or injure a domestic industry; (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: Schutz Container Systems Inc., 200 Aspen Hill Road, North Branch, NJ 08876–5950. (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: Zhenjiang Runzhou Jinshan Packaging Factory, Road Dantu City Industrial Park, Hengshun Zhenjiang, China. (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(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 E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49264-49265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17711]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-939]


Certain Three-Dimensional Cinema Systems and Components Thereof 
Commission's Final Determination Finding a Violation of Section 337; 
Issuance of a Limited Exclusion Order and Cease and Desist Orders; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in this investigation. The Commission 
has issued a limited exclusion order prohibiting the importation of 
certain three-dimensional cinema systems, and components thereof, that 
infringe certain claims of the patents at issue. The Commission has 
also issued cease and desist orders directed to the two respondents. 
The remedial orders are suspended as to certain patent claims pending 
final resolution of a validity issue. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3438. 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 (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 12, 2014, based on a complaint filed by RealD, Inc. of 
Beverly Hills, California (``RealD''). 79 FR 73902-03 (Dec. 12, 2014). 
The complaint alleges 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 three-dimensional cinema systems, and 
components thereof, that infringe certain claims of U.S. Patent Nos. 
7,905,602 (``the '602 patent''); 8,220,934 (``the '934 patent''); 
7,857,455 (``the '455 patent''); and 7,959,296 (``the '296 patent''). 
Id. at 73902. The notice of investigation named as respondents 
MasterImage 3D, Inc. of Sherman Oaks, California, and MasterImage 3D 
Asia, LLC of Seoul, Republic of Korea (collectively, ``MasterImage''). 
Id. at 73903. The Office of Unfair Import Investigations was not named 
as a party to the investigation. Id.
    On July 23, 2015, the Commission terminated the investigation as to 
various of the asserted claims and the '602 patent in its entirety. 
Notice (July 23, 2015) (determining not to review Order No. 6 (July 2, 
2015)); Notice (Aug. 20, 2015) (determining not to review Order No. 7 
(Aug. 3, 2015)).
    On September 25, 2015, the Commission determined on summary 
determination that RealD satisfied the economic prong of the domestic 
industry requirement through its significant investment in plant, 
significant investment in labor, and substantial investment in 
engineering, research, and development. Notice (Sept. 25, 2015) 
(determining to review in part Order No. 9 (Aug. 20, 2015)). The 
Commission, however, reversed the summary determination with respect to 
RealD's investment in equipment. Id.
    On December 16, 2015, the presiding administrative law judge 
(``ALJ'') issued a final initial determination (``ID'') finding a 
violation of section 337 with respect to the three remaining asserted 
patents. The ALJ found that the asserted claims of the '455, '296, and 
'934 patents are infringed and not invalid or unenforceable. The ALJ 
found that the technical prong of the domestic industry requirement was 
satisfied for the '455, '296, and '934 patents. The ALJ also issued a 
Recommended Determination on Remedy and Bonding (``RD''), recommending 
that a limited exclusion order and cease and desist orders should issue 
and that a bond of 100 percent should be imposed during the period of 
Presidential review.
    On December 29, 2015, MasterImage filed a petition for review 
challenging various findings in the final ID. On January 6, 2016, RealD 
filed a response to MasterImage's petition. On January 15, 2016, and 
January 19, 2016, MasterImage and RealD respectively filed post-RD 
statements on the public interest under Commission Rule 210.50(a)(4). 
The Commission did not receive any post-RD public interest comments 
from the public in response to the Commission notice issued on December 
22, 2015. 80 FR 80795 (Dec. 28, 2015).
    On February 16, 2016, the Commission determined to review the final 
ID in part and requested additional briefing from the parties on 
certain issues. 81 FR at 8744-45. Specifically, the Commission 
determined to review (1) the ID's construction of the ``uniformly 
modulate'' limitation recited in claims 1 and 17 of the '455 patent; 
(2) the ID's infringement findings with respect to the asserted claims 
of the '455 patent; (3) the ID's findings on validity of the asserted 
claims of the '455 patent; (4) the ID's finding of proper inventorship 
of the '296 patent; (5) the ID's findings on validity of the asserted 
claims of the '934 patent; and (6) the ID's finding regarding the 
technical prong of the domestic industry requirement with respect to 
the '455 patent. Id. at 8745. The Commission also solicited briefing 
from the parties and the public on the issues of remedy, the public 
interest, and bonding. Id.
    On March 1, 2016, the parties filed initial written submissions 
addressing the Commission's questions and the issues of remedy, the 
public interest, and bonding. On March 11, 2016, the parties filed 
response briefs. No comments were received from the public. On April 
18, 2016, the Commission requested additional briefing on the effect of 
a Final Written Decision issued by the Patent Trial and

[[Page 49265]]

Appeal Board of the U.S. Patent and Trademark Office (``PTAB'') on 
April 14, 2016, finding certain claims of the '934 patent unpatentable, 
on the Commission's final determination. 81 FR 23749-50 (Apr. 22, 
2016). On April 26, 2016, the parties filed initial written submissions 
addressing the Commission's question. On May 3, 2016, the parties filed 
response briefs.
    Having examined the record of this investigation, including the 
final ID and the parties' submissions, the Commission has determined 
that RealD has proven a violation of section 337 based on infringement 
of claims 1-3, 9-11, 13, 15, 17-19, and 21 of the '455 patent; claims 
1, 2, 7, 8, 11, and 12 of the '296 patent; and claims 1, 6, and 11 of 
the '934 patent. The Commission has determined to modify the ALJ's 
construction of the ``uniformly modulate'' limitation recited in claims 
1 and 17 of the '455 patent. Under the modified construction, the 
Commission has determined that RealD has proven that the accused 
MasterImage Horizon 3D, 3D S, M, Rv1, and Rv2 products infringe the 
asserted claims of the '455 patent and that the technical prong of the 
domestic industry requirement is satisfied with respect to that patent. 
The Commission has determined that the asserted claims of the '455 
patent are not invalid under 35 U.S.C. 102(e), 102(g), 103, and 112, ]] 
1 and 2. The Commission has determined that the asserted claims of the 
'296 patent are not invalid under 35 U.S.C. 116 for improper 
inventorship. The Commission has also determined that the asserted 
claims of the '934 patent are not invalid under 35 U.S.C. 102(g) and 
103.
    The Commission has determined the appropriate remedy is a limited 
exclusion order prohibiting the importation of certain three-
dimensional cinema systems, and components thereof, that infringe the 
asserted claims of the '455, '296, and '934 patents and cease and 
desist orders directed against MasterImage. The Commission has 
determined the public interest factors enumerated in section 337(d)(1) 
and (f)(1) do not preclude issuance of the limited exclusion order or 
cease and desist orders.
    In view of the PTAB's Final Written Decision finding certain claims 
of the '934 patent unpatentable, the Commission has determined to 
suspend the enforcement of the limited exclusion order and cease and 
desist orders as to claims 1, 6, and 11 of the '934 patent pending 
final resolution of the PTAB's Final Written Decision. See 35 U.S.C. 
318(b). The Commission has also determined to set a bond in the amount 
of 100 percent of the entered value of excluded products imported 
during the period of Presidential review (19 U.S.C. 1337(j)). The 
Commission's orders and opinion were delivered to the President and to 
the United States Trade Representative on the day of their issuance.
    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).

    By order of the Commission.

    Issued: July 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-17711 Filed 7-26-16; 8:45 am]
BILLING CODE 7020-02-P