Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Denial of Motion To Amend; and Termination of the Investigation, 43899-43900 [2018-18569]

Download as PDF Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices The information that the BLM collects is necessary to ensure that each RAC is structured to provide fair membership balance, as prescribed by each RAC’s charter. Title of Collection: Bureau of Land Management Resource Advisory Council Application. OMB Control Number: 1004–0204. Form Number: Form 1120–19. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Persons who apply for positions on Resource Advisory Councils. Total Estimated Number of Annual Respondents: 200. Total Estimated Number of Annual Responses: 200. Estimated Completion Time per Response: 4 Hours. Total Estimated Number of Annual Burden Hours: 800. Respondent’s Obligation: Required to obtain or retain a benefit. Frequency of Collection: On occasion. Total Estimated Annual Nonhour Burden Cost: None. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Mark Purdy, Management Analyst, Bureau of Land Management. [FR Doc. 2018–18619 Filed 8–27–18; 8:45 am] BILLING CODE 4310–84–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–583 and 731– TA–1381 (Final)] Cast Iron Soil Pipe Fittings From China daltland on DSKBBV9HB2PROD with NOTICES Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of cast iron soil pipe fittings, excluding drain bodies, from China, provided for in subheading 7307.11.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be sold in the United 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 20:00 Aug 27, 2018 Jkt 244001 States at less than fair value (‘‘LTFV’’) and to be subsidized by the government of China.2 The Commission also determines that an industry in the United States is not materially injured or threatened with material injury by reason of imports of drain bodies from China that are sold in the United States at LTFV and subsidized by the government of China. Background The Commission, pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), instituted these investigations effective July 13, 2017, following receipt of a petition filed with the Commission and Commerce by the Cast Iron Soil Pipe Institute, Mundelein, Illinois. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of cast iron soil pipe fittings from China were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on March 19, 2018 (83 FR 12024). The hearing was held in Washington, DC, on June 26, 2018, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on August 22, 2018. The views of the Commission are contained in USITC Publication 4812 (August 2018), entitled Cast Iron Soil Pipe Fittings from China: Investigation Nos. 701–TA–583 and 731–TA–1381 (Final). By order of the Commission. Issued: August 22, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–18563 Filed 8–27–18; 8:45 am] BILLING CODE 7020–02–P 2 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the countervailing and antidumping duty orders on cast iron soil pipe fittings from China. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 43899 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1044] Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Denial of Motion To Amend; 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 found a violation of section 337 of the Tariff Act of 1930 (‘‘section 337’’), as amended, in this investigation. The Commission has issued a limited exclusion order prohibiting the importation of certain graphics systems and televisions containing the same that infringe claim 1–5 and 8 of U.S. Patent No. 7,633,506 (‘‘the ’506 patent’’). The Commission has also issued cease and desist orders directed to Respondents VIZIO, Inc. (‘‘VIZIO’’) and Sigma Designs, Inc. (‘‘SDI’’). The Commission has further determined to deny Complainants’ motion for leave to amend the complaint and the notice of investigation. The investigation is terminated. SUMMARY: FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. 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. 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 Investigation No. 337–TA–1044 on March 22, 2017, based on a complaint filed by Complainants E:\FR\FM\28AUN1.SGM 28AUN1 daltland on DSKBBV9HB2PROD with NOTICES 43900 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices Advanced Micro Devices, Inc. of Sunnyvale, California and ATI Technologies ULC of Canada (collectively, ‘‘AMD’’ or ‘‘Complainants’’). See 82 FR 14748 (Mar. 22, 2017). The complaint, as amended, alleges 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 graphics systems, components thereof, and consumer products containing the same, by reason of infringement of certain claims of the ’506 patent; U.S. Patent No. 7,796,133 (‘‘the ’133 patent’’); U.S. Patent No. 8,760,454 (‘‘the ’454 patent’’); and U.S. Patent No. 9,582,846 (‘‘the ’846 patent’’). Id. The notice of investigation identified LG Electronics, Inc. of Seoul, Republic of Korea, LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey, and LG Electronics MobileComm U.S.A. Inc. of San Diego, California (collectively, ‘‘LG’’), VIZIO of Irvine, California, MediaTek Inc. of Hsinchu City, Taiwan and Media Tek USA Inc. of San Jose, California (collectively, ‘‘MediaTek’’), and SDI of Fremont, California, as respondents in this investigation. See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. On October 20, 2017, the ALJ issued an initial determination terminating the investigation as to LG based on settlement. See Order No. 48 (Oct. 20, 2017), unreviewed, Comm’n Notice (Nov. 13, 2017). The remaining respondents in this investigation are VIZIO, MediaTek, and SDI (hereinafter, ‘‘the Remaining Respondents’’). The ALJ also terminated the investigation with respect to all asserted claims of the ’454 and ’846 patents; claims 6, 7, and 9 of the ’506 patent; and claims 2, 4–13, and 40 of the ’133 patent. See Order No. 33 (Aug. 15, 2017), unreviewed, Comm’n Notice (Sept. 5, 2017); Order No. 43 (Oct. 5, 2017), unreviewed, Comm’n Notice (Oct. 31, 2017); Order No. 49 (Oct. 20, 2017), unreviewed, Comm’n Notice (Nov. 13, 2017); Order No. 53 (Oct. 31, 2017), unreviewed, Comm’n Notice (Nov. 28, 2017). Claims 1–5 and 8 of the ’506 patent and claims 1 and 3 of the ’133 patent (hereinafter, ‘‘the asserted claims’’) remain pending in this investigation. On April 13, 2018, the ALJ issued her final Initial Determination (‘‘FID’’) and Recommended Determination on Remedy and Bond (‘‘RD’’) finding a violation of section 337 with respect to the ’506 patent but not the ’133 patent. Specifically, the FID finds that: (1) Certain accused products infringe the VerDate Sep<11>2014 20:00 Aug 27, 2018 Jkt 244001 asserted claims of the ’506 patent but not the ’133 patent; (2) the asserted claims are not invalid; and (3) Complainants satisfy the economic and technical prongs of the domestic industry requirement with respect to both asserted patents. In addition, the ALJ recommended that the Commission issue: (1) A Limited Exclusion Order against the infringing accused products; and (2) Cease and Desist Orders against Respondents VIZIO and SDI. The ALJ further recommended against setting a bond during Presidential review. On June 14, 2018, the Commission issued a Notice determining to review the FID in part. See 83 FR 28660–62 (June 20, 2018). The Commission sought written submissions in response to certain questions relating to the claim construction of the terms ‘‘unified shader’’ (recited in the ’506 and ’133 patent claims), ‘‘packet’’ (recited in the ’133 patent claims), and ‘‘ALU/memory pair’’ (recited in the ’133 patent claims). See id. The Commission also solicited written submissions on the issues of remedy, the public interest, and bonding. See id. On June 28, 2018, the parties filed written submissions in response to the June 14, 2018 Notice, and on July 6, 2018, the parties filed responses to each other’s submissions. On June 26, 2018, Complainants filed a motion for leave to amend the complaint and notice of investigation to add V-Silicon Inc. and V-Silicon International, Inc. as respondents in this investigation (Motion). On July 5 and 6, 2018, OUII and Respondents, respectively, filed responses to Complainants’ motion to amend. As explained in the Commission’s Opinion issued concurrently herewith, the Commission has determined to deny Complainants’ Motion. In addition, having examined the record of this investigation, including the FID, the RD, and the parties’ submissions, the Commission has determined to affirm the FID’s ultimate conclusions of a section 337 violation with respect to the ’506 patent and no section 337 violation with respect to the ’133 patent. In addition, the Commission has determined to modify the FID in part with respect to: (1) The importation requirement as to Respondents MediaTek and SDI; and (2) the claim construction of the terms ‘‘unified shader,’’ ‘‘packet,’’ and ‘‘ALU/ memory pair’’ as well as certain related FID findings on infringement, validity, and the technical prong of the domestic industry requirement. All findings in the FID that are not inconsistent with the Commission’s determination are affirmed. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 Accordingly, the Commission finds that there is a violation of section 337 with respect to the ’506 patent. The Commission has determined that the appropriate remedy is a limited exclusion order against Respondents’ infringing products, and cease and desist orders against Respondents VIZIO and SDI. The Commission has also determined that the public interest factors enumerated in subsections 337(d)(l) and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude the issuance of the limited exclusion order and cease and desist orders. The Commission has further determined to set a bond at zero (0) percent of entered value during the Presidential review period (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: August 22, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–18569 Filed 8–27–18; 8:45 am] BILLING CODE 7020–02–P NUCLEAR REGULATORY COMMISSION [NRC–2018–0001] Sunshine Act Meetings Weeks of August 27, September 3, 10, 17, 24, October 1, 2018. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. MATTERS TO BE CONSIDERED: TIME AND DATE: Week of August 27, 2018 There are no meetings scheduled for the week of August 27, 2018. Week of September 3, 2018—Tentative There are no meetings scheduled for the week of September 3, 2018. Week of September 10, 2018—Tentative Monday, September 10, 2018 10:00 a.m. Briefing on NRC International Activities (Closed—Ex. 1 & 9). E:\FR\FM\28AUN1.SGM 28AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43899-43900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18569]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1044]


Certain Graphics Systems, Components Thereof, and Consumer 
Products Containing the Same; Commission Final Determination Finding a 
Section 337 Violation; Issuance of a Limited Exclusion Order and Cease 
and Desist Orders; Denial of Motion To Amend; and 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 found a violation of section 337 of the Tariff Act of 
1930 (``section 337''), as amended, in this investigation. The 
Commission has issued a limited exclusion order prohibiting the 
importation of certain graphics systems and televisions containing the 
same that infringe claim 1-5 and 8 of U.S. Patent No. 7,633,506 (``the 
'506 patent''). The Commission has also issued cease and desist orders 
directed to Respondents VIZIO, Inc. (``VIZIO'') and Sigma Designs, Inc. 
(``SDI''). The Commission has further determined to deny Complainants' 
motion for leave to amend the complaint and the notice of 
investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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. 
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 Investigation No. 
337-TA-1044 on March 22, 2017, based on a complaint filed by 
Complainants

[[Page 43900]]

Advanced Micro Devices, Inc. of Sunnyvale, California and ATI 
Technologies ULC of Canada (collectively, ``AMD'' or ``Complainants''). 
See 82 FR 14748 (Mar. 22, 2017). The complaint, as amended, alleges 
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 graphics systems, components thereof, and 
consumer products containing the same, by reason of infringement of 
certain claims of the '506 patent; U.S. Patent No. 7,796,133 (``the 
'133 patent''); U.S. Patent No. 8,760,454 (``the '454 patent''); and 
U.S. Patent No. 9,582,846 (``the '846 patent''). Id. The notice of 
investigation identified LG Electronics, Inc. of Seoul, Republic of 
Korea, LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey, and 
LG Electronics MobileComm U.S.A. Inc. of San Diego, California 
(collectively, ``LG''), VIZIO of Irvine, California, MediaTek Inc. of 
Hsinchu City, Taiwan and Media Tek USA Inc. of San Jose, California 
(collectively, ``MediaTek''), and SDI of Fremont, California, as 
respondents in this investigation. See id. The Office of Unfair Import 
Investigations (``OUII'') is also a party to the investigation.
    On October 20, 2017, the ALJ issued an initial determination 
terminating the investigation as to LG based on settlement. See Order 
No. 48 (Oct. 20, 2017), unreviewed, Comm'n Notice (Nov. 13, 2017). The 
remaining respondents in this investigation are VIZIO, MediaTek, and 
SDI (hereinafter, ``the Remaining Respondents''). The ALJ also 
terminated the investigation with respect to all asserted claims of the 
'454 and '846 patents; claims 6, 7, and 9 of the '506 patent; and 
claims 2, 4-13, and 40 of the '133 patent. See Order No. 33 (Aug. 15, 
2017), unreviewed, Comm'n Notice (Sept. 5, 2017); Order No. 43 (Oct. 5, 
2017), unreviewed, Comm'n Notice (Oct. 31, 2017); Order No. 49 (Oct. 
20, 2017), unreviewed, Comm'n Notice (Nov. 13, 2017); Order No. 53 
(Oct. 31, 2017), unreviewed, Comm'n Notice (Nov. 28, 2017). Claims 1-5 
and 8 of the '506 patent and claims 1 and 3 of the '133 patent 
(hereinafter, ``the asserted claims'') remain pending in this 
investigation.
    On April 13, 2018, the ALJ issued her final Initial Determination 
(``FID'') and Recommended Determination on Remedy and Bond (``RD'') 
finding a violation of section 337 with respect to the '506 patent but 
not the '133 patent. Specifically, the FID finds that: (1) Certain 
accused products infringe the asserted claims of the '506 patent but 
not the '133 patent; (2) the asserted claims are not invalid; and (3) 
Complainants satisfy the economic and technical prongs of the domestic 
industry requirement with respect to both asserted patents. In 
addition, the ALJ recommended that the Commission issue: (1) A Limited 
Exclusion Order against the infringing accused products; and (2) Cease 
and Desist Orders against Respondents VIZIO and SDI. The ALJ further 
recommended against setting a bond during Presidential review.
    On June 14, 2018, the Commission issued a Notice determining to 
review the FID in part. See 83 FR 28660-62 (June 20, 2018). The 
Commission sought written submissions in response to certain questions 
relating to the claim construction of the terms ``unified shader'' 
(recited in the '506 and '133 patent claims), ``packet'' (recited in 
the '133 patent claims), and ``ALU/memory pair'' (recited in the '133 
patent claims). See id. The Commission also solicited written 
submissions on the issues of remedy, the public interest, and bonding. 
See id. On June 28, 2018, the parties filed written submissions in 
response to the June 14, 2018 Notice, and on July 6, 2018, the parties 
filed responses to each other's submissions.
    On June 26, 2018, Complainants filed a motion for leave to amend 
the complaint and notice of investigation to add V-Silicon Inc. and V-
Silicon International, Inc. as respondents in this investigation 
(Motion). On July 5 and 6, 2018, OUII and Respondents, respectively, 
filed responses to Complainants' motion to amend. As explained in the 
Commission's Opinion issued concurrently herewith, the Commission has 
determined to deny Complainants' Motion.
    In addition, having examined the record of this investigation, 
including the FID, the RD, and the parties' submissions, the Commission 
has determined to affirm the FID's ultimate conclusions of a section 
337 violation with respect to the '506 patent and no section 337 
violation with respect to the '133 patent. In addition, the Commission 
has determined to modify the FID in part with respect to: (1) The 
importation requirement as to Respondents MediaTek and SDI; and (2) the 
claim construction of the terms ``unified shader,'' ``packet,'' and 
``ALU/memory pair'' as well as certain related FID findings on 
infringement, validity, and the technical prong of the domestic 
industry requirement. All findings in the FID that are not inconsistent 
with the Commission's determination are affirmed.
    Accordingly, the Commission finds that there is a violation of 
section 337 with respect to the '506 patent. The Commission has 
determined that the appropriate remedy is a limited exclusion order 
against Respondents' infringing products, and cease and desist orders 
against Respondents VIZIO and SDI. The Commission has also determined 
that the public interest factors enumerated in subsections 337(d)(l) 
and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude the issuance 
of the limited exclusion order and cease and desist orders. The 
Commission has further determined to set a bond at zero (0) percent of 
entered value during the Presidential review period (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: August 22, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-18569 Filed 8-27-18; 8:45 am]
BILLING CODE 7020-02-P

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