Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same Institution of Investigation, 17688-17689 [2017-07322]
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
(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.
By order of the Commission.
Issued: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–07319 Filed 4–11–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1047]
Certain Semiconductor Devices and
Consumer Audiovisual Products
Containing the Same Institution of
Investigation
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR. 210.10 (2017).
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
March 7, 2017, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of Broadcom Corporation of
Irvine, California. A letter
supplementing the complaint was filed
on March 22, 2017. The complaint
mstockstill on DSK30JT082PROD with NOTICES
SUMMARY:
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18:45 Apr 11, 2017
Jkt 241001
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 semiconductor
devices and consumer audiovisual
products containing the same by reason
of infringement of certain claims of U.S.
Patent No. 8,284,844 (‘‘the ’844 patent’’);
U.S. Patent No. 7,590,059 (‘‘the ’059
patent’’); U.S. Patent No. 8,068,171 (‘‘the
’171 patent’’); U.S. Patent No. 7,310,104
(‘‘the ’104 patent’’); and U.S. Patent No.
7,342,967 (‘‘the ’967 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
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 the Secretary, Docket Services
Division, U.S. International Trade
Commission, telephone (202) 205–1802.
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
April 6, 2017, 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,
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
or the sale within the United States after
importation of certain semiconductor
devices and consumer audiovisual
products containing the same by reason
of infringement of one or more of claims
1–14 of the ’844 patent; claims 11–30 of
the ’059 patent; claims 1–5 and 7 of the
’171 patent; claims 1, 10, 11, 16, 17 and
22 of the ’104 patent; and claims 1–4 of
the ’967 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:
Broadcom Corporation, 5300 California
Avenue, Irvine, CA 92617
(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:
MediaTek Inc., No. 1, Dusing 1st Road,
Hsinchu Science Park, Hsinchu City
30078, Taiwan
MediaTek USA Inc., 2840 Junction
Avenue, San Jose, CA 95134
MStar Semiconductor Inc., 4F–1, No.
26, Tai-Yuan Street, ChuPei Hsinchu
Hsien 302, Taiwan
Sigma Designs, Inc., 47467 Fremont
Boulevard, Fremont, CA 94538
LG Electronics Inc., Twin Tower 128,
Seoul 150–721, Republic of Korea
LG Electronics U.S.A., Inc., 1000 Sylvan
Avenue, Englewood Cliffs, NJ 07632
Funai Electric Company, Ltd., 7–7–1
Nakagaito, Daito City, Osaka 574–
0013, Japan
Funai Corporation, Inc., 201 Route 17
North, Suite 903, Rutherford, NJ
07070
P&F USA, Inc., 2555 Marconi Drive,
Suite 300, Alpharetta, GA 30005
Vizio, Inc., 39 Tesla, Irvine, CA 92618
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
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
E:\FR\FM\12APN1.SGM
12APN1
Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / 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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–07322 Filed 4–11–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–977]
Certain Arrowheads With Deploying
Blades and Components Thereof and
Packaging Therefor; Final Commission
Determination of Violation; Issuance of
a General Exclusion Order and a Cease
and Desist Order; and Termination of
the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has terminated the abovecaptioned investigation with a finding
of violation of section 337, and has
issued a general exclusion order
directed against infringing arrowheads
with deploying blades and components
thereof and packaging therefor, and a
cease and desist order directed against
respondent Shenzhen Zowaysoon
Trading Company Ltd. (‘‘Zowaysoon
Trading’’) of Shenzhen, China. The
Commission has terminated the
investigation.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
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SUMMARY:
VerDate Sep<11>2014
18:45 Apr 11, 2017
Jkt 241001
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 December 22, 2015, based on a
complaint filed on behalf of FeraDyne
Outdoors LLC and Out RAGE LLC, both
of Cartersville, Georgia. 80 FR 79612–
13. The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain arrowheads with deploying
blades and components thereof and
packaging therefor by reason of
infringement of certain claims of U.S.
Patent Nos. RE44,144 (‘‘the ’144
patent’’); 6,517,454 (‘‘the ’454 patent’’);
8,758,176 (‘‘the ’176 patent’’); 8,986,141
(‘‘the ’141 patent’’); 9,068,806 (‘‘the ’806
patent’’); 7,771,298 (‘‘the ’298 patent’’);
D710,962 (‘‘the D’962 patent’’);
D711,489 (‘‘the D’489 patent’’); and of
U.S. Trademark Registration No.
4,812,058 (‘‘the RAGE mark’’). The
complaint further alleged the existence
of a domestic industry. The
Commission’s notice of investigation
named the following nine respondents:
Zowaysoon Trading; Linyi Junxing
Sports Equipment Co., Ltd. (‘‘Junxing
Sports’’) of Shandong, China; Ningbo
Forever Best Import & Export Co., Ltd.
(‘‘Forever Best’’) of Jiangsu, China;
Ningbo Linkboy Outdoor Sports Co.,
Ltd. (‘‘Linkboy Outdoor’’) of Zhejiang,
China; Xiamen Xinhongyou Industrial
Trade Co. Ltd. (‘‘Xinhongyou
Industrial’’) and Xiamen Zhongxinyuan
Industry & Trade Ltd. (‘‘Zhongxinyuan
Industry’’), both of Fujian, China; and
Zhengzhou IRQ Trading Limited
Company (‘‘IRQ Trading’’) and
Zhengzhou Paiao Trade Co., Ltd.
(‘‘Paiao Trade’’), both of Henan, China.
The Office of Unfair Import
Investigations (‘‘OUII’’) is also a party to
the investigation.
On April 28, 2016, complainants filed
a motion for summary determination of
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Fmt 4703
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17689
a violation of section 337 pursuant to
section 337(g)(2) and Commission Rule
210.16(c)(2) to support its request for
entry of a general exclusion order with
respect to all asserted intellectual
property. OUII filed a response in
support of the motion.
On May 10, 2016, the Commission
issued notice of its determination not to
review the ALJ’s ID (Order No. 6)
finding the following seven respondents
in default: Junxing Sports, Forever Best,
Linkboy Outdoor, Zowaysoon Trading,
Zhongxinyuan Industry, IRQ Trading,
and Paiao Trade. On June 23, 2016, the
Commission issued notice of its
determination not to review the ALJ’s ID
(Order No. 8) finding Xinhongyou
Industrial in default. On June 28, 2016,
the Commission issued notice of its
determination not to review the ALJ’s ID
(Order No. 9) terminating the
investigation as to (1) Faith Sports based
on withdrawal of the complaint as to
Faith Sports; and (2) claims 2–3, 5, and
8 of the ’545 patent; claims 5 and 10 of
the ’298 patent; claim 3 of the ’176
patent; claim 8 of the ’141 patent; and
claim 3 of the ’806 patent based on
withdrawal of these patent claims
against all named respondents.
The ALJ issued the subject ID on
August 22, 2016, granting complainants’
motion for summary determination. The
ALJ found that all eight defaulting
respondents met the importation
requirement and that complainants
satisfied the domestic industry
requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a
violation of section 337 has occurred
based on its finding that each of the
defaulting respondents’ accused
products infringe one or more of the
asserted claims of the patents at issue
and infringe the trademark at issue as
established by substantial, reliable, and
probative evidence in accordance with
Commission Rule 210.16(c)(2). No
petitions for review of the ID were filed.
The ID also contained the ALJ’s
recommended determination on remedy
and bonding. The ALJ recommended
issuance of a general exclusion order
with respect to the asserted intellectual
property, but did not recommend
issuance of cease and desist orders
directed against the defaulting
respondents.
On October 6, 2016, the Commission
issued notice of its determination to
review in part the ALJ’s ID. On review,
the Commission (1) corrected
typographical errors on pages 14, 18,
and 24 of the ID; (2) modified page 8 of
the ID; and (3) determined to take no
position on the ID’s finding that
complainants satisfy the economic
prong of the domestic industry
E:\FR\FM\12APN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17688-17689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07322]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1047]
Certain Semiconductor Devices and Consumer Audiovisual Products
Containing the Same 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 March 7, 2017, under section 337
of the Tariff Act of 1930, as amended, on behalf of Broadcom
Corporation of Irvine, California. A letter supplementing the complaint
was filed on March 22, 2017. 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 semiconductor devices and consumer audiovisual
products containing the same by reason of infringement of certain
claims of U.S. Patent No. 8,284,844 (``the '844 patent''); U.S. Patent
No. 7,590,059 (``the '059 patent''); U.S. Patent No. 8,068,171 (``the
'171 patent''); U.S. Patent No. 7,310,104 (``the '104 patent''); and
U.S. Patent No. 7,342,967 (``the '967 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute.
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 the Secretary, Docket
Services Division, U.S. International Trade Commission, telephone (202)
205-1802.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR. 210.10 (2017).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 6, 2017, 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
semiconductor devices and consumer audiovisual products containing the
same by reason of infringement of one or more of claims 1-14 of the
'844 patent; claims 11-30 of the '059 patent; claims 1-5 and 7 of the
'171 patent; claims 1, 10, 11, 16, 17 and 22 of the '104 patent; and
claims 1-4 of the '967 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:
Broadcom Corporation, 5300 California Avenue, Irvine, CA 92617
(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:
MediaTek Inc., No. 1, Dusing 1st Road, Hsinchu Science Park, Hsinchu
City 30078, Taiwan
MediaTek USA Inc., 2840 Junction Avenue, San Jose, CA 95134
MStar Semiconductor Inc., 4F-1, No. 26, Tai-Yuan Street, ChuPei Hsinchu
Hsien 302, Taiwan
Sigma Designs, Inc., 47467 Fremont Boulevard, Fremont, CA 94538
LG Electronics Inc., Twin Tower 128, Seoul 150-721, Republic of Korea
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ
07632
Funai Electric Company, Ltd., 7-7-1 Nakagaito, Daito City, Osaka 574-
0013, Japan
Funai Corporation, Inc., 201 Route 17 North, Suite 903, Rutherford, NJ
07070
P&F USA, Inc., 2555 Marconi Drive, Suite 300, Alpharetta, GA 30005
Vizio, Inc., 39 Tesla, Irvine, CA 92618
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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
[[Page 17689]]
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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07322 Filed 4-11-17; 8:45 am]
BILLING CODE 7020-02-P
