Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and Blu-Ray Players; Institution of Investigation, 27078 [2017-12158]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Page 27078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12158]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1060]


Certain Consumer Electronic Devices, Including Televisions, 
Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and 
Blu-Ray Players; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 9, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of ARRIS Enterprises 
LLC of Suwanee, Georgia. Supplements were filed on May 26, 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 consumer electronic 
devices, including televisions, gaming consoles, mobile phones and 
tablets, and network-enabled DVD and Blu-ray players by reason of 
infringement of U.S. Patent No. 6,473,858 (``the '858 patent''); U.S. 
Patent No. 6,934,148 (``the '148 patent''); U.S. Patent No. 7,113,502 
(``the '502 patent''); U.S. Patent No. 7,752,564 (``the '564 patent''); 
U.S. Patent No. 8,300,156 (``the '156 patent''); and U.S. Patent No. 
9,521,466 (``the '466 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 

    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 June 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 consumer 
electronic devices, including televisions, gaming consoles, mobile 
phones and tablets, and network-enabled DVD and Blu-ray players by 
reason of infringement of one or more of claims 29, 33-39, 42, and 43 
of the '858 patent; claims 1, 2, and 4 of the '148 patent; claims 1-6, 
18-21, and 34-37 of the '502 patent; claims 1-6 and 8-22 of the '564 
patent; claims 1-6, 9, and 11-31 of the '156 patent; and claims 1-5, 7, 
8, 12, and 15-17 of the '466 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: ARRIS Enterprises LLC, 3871 Lakefield 
Drive, Suwanee, GA 30024.
    (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:

Sony Corporation, 1-7-1 Konan Minato-ku, Tokyo, 108-0075, Japan
Sony Corporation of America, 25 Madison Avenue, New York, NY 10010-8601
Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127
Sony Interactive Entertainment, Inc., 1-7-1 Konan Minato-ku, Tokyo, 
108-0075, Japan
Sony Mobile Communications (USA), Inc., 2207 Bridgepointe Parkway, San 
Mateo, CA 94404
Sony Interactive Entertainment LLC, 2207 Bridgepointe Parkway, San 
Mateo, CA 94404
Sony Interactive Entertainment America LLC, 2207 Bridgepointe Parkway, 
San Mateo, CA 94404

    (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.

    By order of the Commission.

    Issued: June 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12158 Filed 6-12-17; 8:45 am]
BILLING CODE 7020-02-P