Certain Digital Video-Capable Devices and Components Thereof; Institution of Investigation, 67373-67374 [2020-23358]

Download as PDF Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices Co., Ltd. (‘‘Aijiu’’) in the aboveidentified investigation. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–2392. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.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 July 22, 2020, based on a complaint filed on behalf of Hyper Ice, Inc. (‘‘Hyper Ice’’) of Irvine, California. 85 FR 44322 (July 22, 2020). The complaint, as supplemented, 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, or the sale within the United States after importation of certain percussive massage devices by reason of infringement of certain claims of U.S. Patent No. 10,561,574; U.S. Design Patent No. D855,822; and U.S. Design Patent No. D886,317. The complaint further alleges that a domestic industry exists. The Commission’s notice of investigation named nineteen respondents. The notice of investigation also named the Office of Unfair Import Investigations (‘‘OUII’’) as a party. On September 17, 2020, third parties Xinde and Aijiu each moved to intervene as a respondent in the investigation because they have an interest in infringement issues as to the asserted patents. Xinde and Aijiu have certified that Complainant Hyper Ice and the Respondents that have appeared in the investigation do not oppose their motions. On September 24, 2020, OUII filed a response in support of the motions. On September 25, 2020, the ALJ issued an ID granting the motions to intervene pursuant to Commission Rule 210.19, 19 CFR 210.19. See Order No. 11 at 4 (Sep. 25, 2020). The ID finds that the motions are timely; that Xinde and Aijiu have an interest in presenting evidence that their respective percussive massage devices do not infringe the asserted patents in view of VerDate Sep<11>2014 17:35 Oct 21, 2020 Jkt 253001 Complainant Hyper Ice’s request for a general exclusion order; and that the third parties’ interests are not adequately represented by existing parties. Id. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. Xinde and Aijiu are hereby intervenors in the investigation. The Commission vote for this determination took place on October 16, 2020. 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: October 16, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–23354 Filed 10–21–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1224] Certain Digital Video-Capable Devices and Components Thereof; 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 September 18, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Koninklijke Philips N.V. of the Netherlands and Philips North America LLC of Cambridge, Massachusetts. 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 video-capable devices and components thereof by reason of infringement of U.S. Patent No. 9,436,809 (‘‘the ’809 patent’’); U.S. Patent No. 9,590,977 (‘‘the ’977 patent’’); U.S. Patent No. 10,091,186 (‘‘the ’186 patent’’); and U.S. Patent No. 10,298,564 (‘‘the ’564 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 SUMMARY: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 67373 limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. 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. 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 (2020). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 16, 2020, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1–6, 9, 11, 12, 14, 15, 17, 22, 23, 26, 49, 50, and 52–54 of the ’809 patent; claims 1–3, 8–12, and 14–20 of the ’977 patent; claims 1–7, and 9–16 of the ’186 patent; and claims 1–11, 14–23, 25, and 28 of the ’564 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is ‘‘(a) digital videocapable integrated circuits supplied by Intel, LG, MediaTek, and Realtek, printed circuit board assemblies E:\FR\FM\22OCN1.SGM 22OCN1 67374 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices incorporating the same, and any associated hardware, software, and/or firmware enabling digital video capabilities; (b) digital video-capable displays containing such components; and (c) digital video-capable computers containing such components’’; (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1) and (f)(1); (4) 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 complainants are: Koninklijke Philips N.V., High Tech Campus 5, 5656 AE Eindhoven, Netherlands Philips North America LLC, 222 Jacobs Street, Cambridge, Massachusetts 02141 (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: Dell Technologies Inc., One Dell Way, Round Rock, Texas 78682–7000 Dell Inc., One Dell Way, Round Rock, Texas 78682–7000 Hisense Co. Ltd., Hisense Tower, No. 17 Donghaixi Road, South District, Qingdao, Shandong Province 266071, China Hisense Visual Technology Co., Ltd. (f/ k/a Qingdao Hisense Electric Co., Ltd.), No. 218 Qianwangang Road, Qingdao Economic & Technological Development Zone, Qingdao, Shandong Province 266555, China Hisense Electronics Manufacturing, Company of America Corporation, 7310 McGinnis Ferry Road, Suwanee, GA 20024 Hisense USA Corporation, 7310 McGinnis Ferry Road, Suwanee, GA 20024 Hisense Import & Export Co. Ltd., Hisense Tower, No. 17 Donghaixi Road, South District, Qingdao, Shandong Province 266071, China Hisense International Co., Ltd., Hisense Tower, Floor 22, No. 17 Donghaixi Road, South District, Qingdao, Shandong Province 266071, China Hisense International (HK) Co., Ltd., Room 3101–3105, Singga Commercial Centre, No. 148 Connaught Road West, Sheung Wan, Hong Kong (SAR) VerDate Sep<11>2014 17:35 Oct 21, 2020 Jkt 253001 Hisense International (Hong Kong) America Investment Co., Ltd., Room 3101–3105, Singga Commercial Centre, No. 148 Connaught Road West, Sheung Wan, Hong Kong (SAR) HP, Inc., 1501 Page Mill Rd., Palo Alto, CA 94304–1126 Lenovo Group Ltd., Lincoln House, 23rd Floor, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong (SAR) Lenovo (United States), Inc., 8001 Development Drive, Morrisville, NC 27560 LG Electronics, Inc., LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, Republic of Korea, 07736 LG Electronics USA, Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632 TCL Industries Holdings Co., Ltd., 9 Floor, TCL Electronics Holdings Limited Building, TCL International E City, #1001 Zhongshan Park Road, Nanshan District, Shenzhen, Guangdong, 518067, China TCL Electronics Holdings Ltd. (f/k/a TCL Multimedia Technology Holdings Ltd.) 7/F, TCL Building, 22 Science Park E, Hong Kong Science Park, Hong Kong (SAR) TCL King Electrical Appliances (Huizhou) Co. Ltd. No. 78 Zhongkai Development Zone, Huizhou, 516006, China TTE Technology, Inc., 555 South Promenade Avenue, Suite 103, Corona, CA 92881 TCL Moka International Ltd., 7/F Hong Kong Science Park, Bldg. 22 E, 22 Science Park East Avenue, Sha Tin, Hong Kong TCL Moka Manufacturing S.A. de C.V., Calle 4ta, No. 55, Cd. Industrial, 22444 Tijuana, B.C., Mexico TCL Smart Device (Vietnam) Company Ltd, No. 26 VSIP II–A, Street 32, Vietnam Singapore Industrial Park II– A Tan Binh Commune, Bac Tan Uyen District, Binh Duong Province, 75000, Vietnam MediaTek Inc., No. 1, Dusing 1st Road, Hsinchu Science Park, Hsinchu, 30078 Taiwan MediaTek USA Inc., 2840 Junction Avenue, San Jose, CA 95134 Realtek Semiconductor Corp., No. 2, Innovation Road II, Hsinchu Science Park, Hsinchu 300, Taiwan Intel Corporation, 2200 Mission College Boulevard, Santa Clara, CA 95054 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by the complainant 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: October 16, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–23358 Filed 10–21–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–734] Bulk Manufacturer of Controlled Substances Application: Noramco Inc. Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: Noramco Inc. has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY INFORMATION listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before December 21, 2020. Such persons may also file a written request SUMMARY: E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67373-67374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23358]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1224]


Certain Digital Video-Capable Devices and Components Thereof; 
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 September 18, 2020, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of 
Koninklijke Philips N.V. of the Netherlands and Philips North America 
LLC of Cambridge, Massachusetts. 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 video-capable devices and components 
thereof by reason of infringement of U.S. Patent No. 9,436,809 (``the 
'809 patent''); U.S. Patent No. 9,590,977 (``the '977 patent''); U.S. 
Patent No. 10,091,186 (``the '186 patent''); and U.S. Patent No. 
10,298,564 (``the '564 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, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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.

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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 16, 2020, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1-6, 9, 11, 12, 14, 15, 17, 22, 23, 26, 49, 50, and 52-54 of the 
'809 patent; claims 1-3, 8-12, and 14-20 of the '977 patent; claims 1-
7, and 9-16 of the '186 patent; and claims 1-11, 14-23, 25, and 28 of 
the '564 patent; and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``(a) digital video-
capable integrated circuits supplied by Intel, LG, MediaTek, and 
Realtek, printed circuit board assemblies

[[Page 67374]]

incorporating the same, and any associated hardware, software, and/or 
firmware enabling digital video capabilities; (b) digital video-capable 
displays containing such components; and (c) digital video-capable 
computers containing such components'';
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1) and 
(f)(1);
    (4) 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 complainants are:

Koninklijke Philips N.V., High Tech Campus 5, 5656 AE Eindhoven, 
Netherlands
Philips North America LLC, 222 Jacobs Street, Cambridge, Massachusetts 
02141

    (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:

Dell Technologies Inc., One Dell Way, Round Rock, Texas 78682-7000
Dell Inc., One Dell Way, Round Rock, Texas 78682-7000
Hisense Co. Ltd., Hisense Tower, No. 17 Donghaixi Road, South District, 
Qingdao, Shandong Province 266071, China
Hisense Visual Technology Co., Ltd. (f/k/a Qingdao Hisense Electric 
Co., Ltd.), No. 218 Qianwangang Road, Qingdao Economic & Technological 
Development Zone, Qingdao, Shandong Province 266555, China
Hisense Electronics Manufacturing, Company of America Corporation, 7310 
McGinnis Ferry Road, Suwanee, GA 20024
Hisense USA Corporation, 7310 McGinnis Ferry Road, Suwanee, GA 20024
Hisense Import & Export Co. Ltd., Hisense Tower, No. 17 Donghaixi Road, 
South District, Qingdao, Shandong Province 266071, China
Hisense International Co., Ltd., Hisense Tower, Floor 22, No. 17 
Donghaixi Road, South District, Qingdao, Shandong Province 266071, 
China
Hisense International (HK) Co., Ltd., Room 3101-3105, Singga Commercial 
Centre, No. 148 Connaught Road West, Sheung Wan, Hong Kong (SAR)
Hisense International (Hong Kong) America Investment Co., Ltd., Room 
3101-3105, Singga Commercial Centre, No. 148 Connaught Road West, 
Sheung Wan, Hong Kong (SAR)
HP, Inc., 1501 Page Mill Rd., Palo Alto, CA 94304-1126
Lenovo Group Ltd., Lincoln House, 23rd Floor, Taikoo Place, 979 King's 
Road, Quarry Bay, Hong Kong (SAR)
Lenovo (United States), Inc., 8001 Development Drive, Morrisville, NC 
27560
LG Electronics, Inc., LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-
gu, Seoul, Republic of Korea, 07736
LG Electronics USA, Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632
TCL Industries Holdings Co., Ltd., 9 Floor, TCL Electronics Holdings 
Limited Building, TCL International E City, #1001 Zhongshan Park Road, 
Nanshan District, Shenzhen, Guangdong, 518067, China
TCL Electronics Holdings Ltd. (f/k/a TCL Multimedia Technology Holdings 
Ltd.) 7/F, TCL Building, 22 Science Park E, Hong Kong Science Park, 
Hong Kong (SAR)
TCL King Electrical Appliances (Huizhou) Co. Ltd. No. 78 Zhongkai 
Development Zone, Huizhou, 516006, China
TTE Technology, Inc., 555 South Promenade Avenue, Suite 103, Corona, CA 
92881
TCL Moka International Ltd., 7/F Hong Kong Science Park, Bldg. 22 E, 22 
Science Park East Avenue, Sha Tin, Hong Kong
TCL Moka Manufacturing S.A. de C.V., Calle 4ta, No. 55, Cd. Industrial, 
22444 Tijuana, B.C., Mexico
TCL Smart Device (Vietnam) Company Ltd, No. 26 VSIP II-A, Street 32, 
Vietnam Singapore Industrial Park II-A Tan Binh Commune, Bac Tan Uyen 
District, Binh Duong Province, 75000, Vietnam
MediaTek Inc., No. 1, Dusing 1st Road, Hsinchu Science Park, Hsinchu, 
30078 Taiwan
MediaTek USA Inc., 2840 Junction Avenue, San Jose, CA 95134
Realtek Semiconductor Corp., No. 2, Innovation Road II, Hsinchu Science 
Park, Hsinchu 300, Taiwan
Intel Corporation, 2200 Mission College Boulevard, Santa Clara, CA 
95054

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) 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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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: October 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-23358 Filed 10-21-20; 8:45 am]
BILLING CODE 7020-02-P