Certain Organic Light-Emitting Diode Displays, Components Thereof, and Products Containing Same; Institution of Investigation, 16237 [2021-06249]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Notices]
[Page 16237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06249]



[[Page 16237]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1257]


Certain Organic Light-Emitting Diode Displays, Components 
Thereof, and Products Containing Same; 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 February 19, 2021, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Samsung Display 
Co., Ltd. of Gyeonggi-do, Republic of Korea and Intellectual Keystone 
Technology LLC of Wilmington, Delaware. A corrected complaint and 
supplement was filed on March 12, 2021. The complaint, as corrected and 
supplemented, 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 organic 
light-emitting diode displays, components thereof, and products 
containing same by reason of infringement of certain claims of U.S. 
Patent No. 6,845,016 (``the '016 patent''); U.S. Patent No. 7,342,177 
(``the '177 patent''); and U.S. Patent No. 7,230,593 (``the '593 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainants request 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: Katherine Hiner, Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-1802.

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 March 22, 2021, 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, 2, 4-6, 8, 12, and 13 of the '016 patent; claims 1, 3, and 4 
of the '177 patent; and claims 15-17 and 19 of the '593 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 ``electroluminescent 
display panels that comprise organic light-emitting diode (`OLED') 
pixel element for presenting information to a viewer, and display 
monitor products, smartphone products, and televisions products that 
incorporate electroluminescent display panels that comprise OLED pixel 
elements'';
    (3) 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:

Samsung Display Co., Ltd., #1, Samsung-ro, Giheung-gu, Yongin-si, 
Gyeonggi-do, 17113, Republic of Korea
Intellectual Keystone Technology LLC, 251 Little Falls Drive, 
Wilmington, Delaware 19808-1674

    (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:

ASUSTeK Computer, Inc., 15 Li-Te Road, Beitou District, Taipei 112, 
Taiwan
ASUS Computer International, 48720 Kato Road, Fremont, California 94538
JOLED Inc., Metlife Building 10F, Kandanishiki-cho 3-23, Chiyoda-ku, 
Tokyo, Japan, 101-0054

    (4) 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 be named as a 
party to 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), 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 
complainants 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: March 22, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-06249 Filed 3-25-21; 8:45 am]
BILLING CODE 7020-02-P