Certain Electronic Devices, Including Streaming Players, Televisions, Set Top Boxes, Remote Controllers, and Components Thereof; Notice of a Final Determination Finding a Violation of Section 337, Denying a Motion To Reopen the Record, and Issuing a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation, 64228-64229 [2021-25062]
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64228
Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Notices
Notification of boundary
revision.
ACTION:
INTERNATIONAL TRADE
COMMISSION
The boundary of Saratoga
National Historical Park is modified to
include four parcels of land totaling
approximately 28.45 acres of land
located in Saratoga County, New York,
immediately adjoining the boundaries of
Saratoga National Historical Park.
Subsequent to the boundary revision,
the National Park Service will acquire
two properties from American
Battlefield Trust (25.62 acres) and Open
Space Institute Land Trust, Inc. (2.56
acres), nonprofit conservation
organizations. The other two parcels
(together, 0.27 acre) are federally
owned.
SUMMARY:
The applicable date of this
boundary revision is November 17,
2021.
DATES:
The map depicting this
boundary revision is available for
inspection at the following locations:
National Park Service, Interior Region 1,
Land Resources Program Center, 115
John Street, 5th Floor, Lowell, MA
01852; and National Park Service,
Department of the Interior, 1849 C Street
NW, Washington, DC 20240.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Realty Officer Jennifer Cherry, National
Park Service, Interior Region 1, Land
Resources Program Center, 115 John
Street, 5th Floor, Lowell, MA 01852,
telephone (978) 970–5260.
Notice is
hereby given that, pursuant to 54 U.S.C.
100506(c), the boundary of Saratoga
National Historical Park is modified to
include four adjoining tracts containing
approximately 28.45 acres of land. The
boundary revision is depicted on Map
No. 374/165,366, dated October 2019.
54 U.S.C. 100506(c) provides that,
after notifying the House Committee on
Natural Resources and the Senate
Committee on Energy and Natural
Resources, the Secretary of the Interior
is authorized to make this boundary
revision upon publication of notice in
the Federal Register. The Committees
have been notified of this boundary
revision. This boundary revision and
subsequent acquisition will ensure
preservation and protection of the park’s
historic and cultural landscape
resources.
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SUPPLEMENTARY INFORMATION:
Deborah Conway,
Acting Regional Director, Interior Region 1.
[FR Doc. 2021–25044 Filed 11–16–21; 8:45 am]
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[Investigation No. 337–TA–1200]
Certain Electronic Devices, Including
Streaming Players, Televisions, Set
Top Boxes, Remote Controllers, and
Components Thereof; Notice of a Final
Determination Finding a Violation of
Section 337, Denying a Motion To
Reopen the Record, and Issuing a
Limited Exclusion Order and Cease
and Desist Order; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined that respondent Roku Inc.
has violated Section 337 of the Tariff
Act of 1930, as amended, by importing,
selling for importation, or selling in the
United States after importation certain
electronic devices, including streaming
players, televisions, set top boxes,
remote controllers, and components
thereof, that infringe one or more claims
of complainant’s U.S. Patent No.
10,593,196 (‘‘the ’196 patent’’). The
Commission has determined that the
appropriate remedies are a limited
exclusion order and a cease and desist
order against the respondent. The
Commission has also determined to set
a bond in the amount of zero (0) percent
(i.e., no bond) of the entered value of the
excluded products imported during the
period of Presidential review. This
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl
P. Bretscher, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2382. 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 May 22, 2020, based on a complaint
filed by Universal Electronics, Inc.
(‘‘UEI’’) of Scottsdale, Arizona. 85 FR
SUMMARY:
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
31211–212 (May 22, 2020). The
complaint, as supplemented, alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘Section 337’’), in the importation into
the United States, sale for importation,
or sale in the United States after
importation of certain electronic
devices, including streaming players,
televisions, set top boxes, remote
controllers, and components thereof, by
reason of infringement of one or more of
the asserted claims of the ’196 patent
and U.S. Patent Nos. 7,696,514 (‘‘the
’514 patent’’), 9,911,325 (‘‘the ’325
patent’’), 9,716,853 (‘‘the ’853 patent’’),
7,589,642 (‘‘the ’642 patent’’), and
10,600,317 (‘‘the ’317 patent’’). Id. The
complaint alleges that a domestic
industry exists. Id.
The Commission’s notice of
investigation names the following
respondents: Roku Inc. of Los Gatos,
California (‘‘Roku’’); TCL Electronics
Holdings Ltd. of New Territories, Hong
Kong; Shenzhen TCL New Technology
Co. Ltd. of Shenzhen, China; TCL King
Electrical Appliances Co. Ltd. of
Huizhou, China; TTE Technology Inc. of
Corona, California; TCL Corp. of
Huizhou City, China; TCL Moka Int’l
Ltd. of New Territories, Hong Kong; TCL
Overseas Marketing Ltd. of New
Territories, Hong Kong; TCL Industries
Holdings Co., Ltd. of New Territories,
Hong Kong; and TCL Smart Device Co.
of Bac Tan Uyen District, Vietnam
(collectively, ‘‘the TCL Respondents’’);
Hisense Co. Ltd. of Qingdao, China;
Hisense Electronics Manufacturing Co.
of America Corp. of Suwanee, Georgia;
Hisense Import & Export Co. Ltd. of
Qingdao, China; Qingdao Hisense
Electric Co., Ltd. of Qingdao, China; and
Hisense International Co., Ltd. of Shen
Wang, Hong Kong (collectively, ‘‘the
Hisense Respondents’’); Funai Electric
Co., Ltd. of Osaka, Japan; Funai Corp.
Inc. of Rutherford, New Jersey; and
Funai Co., Ltd. of Nakhon Ratchasima,
Thailand (collectively, ‘‘the Funai
Respondents’’). Id. The Office of Unfair
Import Investigations did not participate
as a party in this investigation. Id.
The Commission partially terminated
the investigation with respect to certain
patents and claims that were withdrawn
by UEI, including all of the asserted
claims of the ’514 patent, ’325 patent,
and ’853 patent. See Order No. 27 (Dec.
2, 2020), unreviewed by Comm’n Notice
(Dec. 23, 2020); Order No. 32 (Dec. 21,
2020), unreviewed by Comm’n Notice
(Jan. 5, 2021); Order No. 33 (Dec. 29,
2020), unreviewed by Comm’n Notice
(Jan. 13, 2021); Order No. 34 (Jan. 4,
2021), unreviewed by Comm’n Notice
(Jan. 21, 2021); Order No. 44 (Feb. 2,
2021), unreviewed by Comm’n Notice
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Notices
(Feb. 19, 2021); Order No. 49 (Feb. 9,
2021), unreviewed by Comm’n Notice
(Feb. 24, 2021); Order No. 66 (March 23,
2021), unreviewed by Comm’n Notice
(April 8, 2021); Order No. 67 (Apr. 6,
2021), unreviewed by Comm’n Notice
(Apr. 22, 2021).
The Commission also terminated the
investigation with respect to the Hisense
Respondents, the TCL Respondents, and
the Funai Respondents. Order No. 67
(Apr. 6, 2021), unreviewed by Comm’n
Notice (Apr. 22, 2021).
As a result of these terminations, the
only remaining respondent is Roku, and
the only claims still at issue for
infringement or domestic industry
purposes are claim 19 of the ’642 patent;
claims 3, 6, 9, and 11 of the ’317 patent;
and claims 1–3, 11, and 13–15 of the
’196 patent.
On August 19, 2020, the ALJ held a
technology tutorial and Markman
hearing. The ALJ issued a Markman
order on October 1, 2020. Order No. 24
(Oct. 1, 2020).
On February 18, 2021, the
Commission determined not to review
an initial determination (‘‘ID’’) granting
UEI’s motion for summary
determination that claim 19 of the ’642
patent is practiced by the domestic
industry products and infringed by the
accused ‘‘Elk’’ series of products. Order
No. 38 (Jan. 19, 2021), unreviewed by
Comm’n Notice (Feb. 18, 2021).
On February 24, 2021, the
Commission determined to review and
reverse an ID granting Roku’s motion for
summary determination that UEI lacks
standing to assert the ’196 patent and to
remand the standing question to the ALJ
for further consideration. Order No. 40
(Jan. 25, 2021), reviewed by Comm’n
Notice (Feb. 24, 2021); see also Comm’n
Op. (Mar. 3, 2021).
The ALJ held on evidentiary hearing
from April 19–23, 2021.
On July 9, 2021, the ALJ issued a final
ID, finding a violation of Section 337 as
to the ’196 patent because: (i) UEI has
standing to assert the ’196 patent; (ii)
the accused Roku Ultra and Soundbar
products infringe claims 1, 3, 11, and
13–15 of the ’196 patent but its revised
Ultra and Soundbar products do not
infringe any asserted claims; (iii) the
asserted claims are not invalid as
obvious; and (iv) UEI satisfied the
technical and economic prongs of the
domestic industry requirement with
respect to this patent. The ID, however,
finds no violation with respect to the
’642 patent or the ’317 patent because
the asserted claims of those patents,
though infringed, are invalid.
On July 13, 2021, the Commission
issued a notice soliciting public
comments on the public interest factors,
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17:11 Nov 16, 2021
Jkt 256001
if any, that may be implicated if a
remedy were issued. See 86 FR 38126
(July 19, 2021). The Commission did not
receive any comments in response to its
notice. No party submitted public
interest comments pursuant to
Commission Rule 210.50(a)(4) (19 CFR
210.50(a)(4)).
On July 23, 2021, both UEI and Roku
filed petitions for review of certain
findings in the final ID, pursuant to
Commission Rule 210.43(a) (19 CFR
210.43(a)). On August 2, 2021, the
parties filed their respective replies,
pursuant to Commission Rule 210.43(c)
(19 CFR 210.43(c)).
On September 9, 2021, the
Commission determined to review the
ID with respect to certain issues,
including: (i) All issues in the ID
relating to the ’196 patent, including
claim construction, infringement, and
validity (Questions A–D); (ii) whether
UEI satisfied the technical prong of the
domestic industry requirement with
respect to the ’317 patent (Question E);
and (iii) whether UEI satisfied the
economic prong of the domestic
industry requirement under Section
337(a)(3)(B) for the ’196 patent and ’317
patent (Question F), as well as the ’642
patent. 86 FR 51381, 51382–83 (Sept.
15, 2021). The Commission determined
not to review any other issues relating
to the ’317 patent or ’642 patent. See id.
On September 24, 2021, UEI and Roku
filed their initial responses to the
Commission’s questions on review and
on remedy, the public interest, and
bonding. On October 1, 2021, the parties
filed their replies to each other’s initial
submissions to the Commission.
On October 26, 2021, while the
investigation was still pending final
determination by the Commission, Roku
filed a Motion for a Limited Reopening
of the Record and for a Shortened
Response Time (‘‘Motion’’) so that the
Commission could consider allegedly
contradictory deposition testimony from
a certain UEI fact witness taken in
another investigation involving the
same parties, products, and technology.
See Certain Televisions, Remote
Controls, and Components Thereof, Inv.
No. 337–TA–1263 (‘‘the 1263
Investigation’’). On the same date, Roku
and UEI filed a Joint Motion to Amend
the Protective Order to Add Provisions
Relating to Materials from Inv. No. 337–
TA–1263 (‘‘Joint APO Motion’’).
On October 28, 2021, the Commission
granted Roku’s motion for a shortened
response time, directing UEI to file its
response by the close of business on
November 2, 2021. Comm’n Order (Oct.
28, 2021). The Commission denied the
parties’ Joint APO Motion as moot. Id.
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
64229
On November 2, 2021, UEI filed its
opposition to Roku’s Motion, in
accordance with the Commission’s
order.
The Commission, having reviewed the
parties’ submissions, the ID, and the
deposition testimony at issue, has
determined to deny Roku’s Motion to
reopen the record.
Furthermore, the Commission, having
reviewed the record in this
investigation, including the final ID, the
parties’ petitions, and responses thereto,
has determined that Roku violated
section 337 by importing into the
United States, selling for importation, or
selling in the United States after
importation certain electronic devices,
including streaming players, televisions,
set-top boxes, remote controllers, and
components thereof that infringe one or
more of claims 1, 3, 11, and 13–15 of the
’196 patent. The Commission finds no
violation with respect to the ’317 patent
and ’642 patent.
The Commission has determined that
the appropriate remedy is: (i) A limited
exclusion order prohibiting the
importation of certain electronic
devices, including streaming players,
televisions, set-top boxes, remote
controllers, and components thereof that
infringe one or more of claims 1, 3, 11,
and 13–15 of the ’196 patent; and (ii) a
cease and desist order against Roku. The
Commission has determined that the
public interest factors do not preclude
issuance of a remedy. The Commission
has determined to set a bond in the
amount of zero (0) percent (i.e., no
bond) of the entered value of the
excluded products imported during the
period of Presidential review (19 U.S.C.
1337(j)).
The Commission issues its opinion
herewith setting forth its determinations
on certain issues. This investigation is
hereby terminated.
The Commission’s orders and opinion
were delivered to the President and
United States Trade Representative on
the day of their issuance.
The Commission voted to approve
these determinations on November 10,
2021.
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: November 10, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–25062 Filed 11–16–21; 8:45 am]
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]]>Agencies
[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64228-64229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25062]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1200]
Certain Electronic Devices, Including Streaming Players,
Televisions, Set Top Boxes, Remote Controllers, and Components Thereof;
Notice of a Final Determination Finding a Violation of Section 337,
Denying a Motion To Reopen the Record, and Issuing a Limited Exclusion
Order and Cease and Desist Order; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined that respondent Roku Inc.
has violated Section 337 of the Tariff Act of 1930, as amended, by
importing, selling for importation, or selling in the United States
after importation certain electronic devices, including streaming
players, televisions, set top boxes, remote controllers, and components
thereof, that infringe one or more claims of complainant's U.S. Patent
No. 10,593,196 (``the '196 patent''). The Commission has determined
that the appropriate remedies are a limited exclusion order and a cease
and desist order against the respondent. The Commission has also
determined to set a bond in the amount of zero (0) percent (i.e., no
bond) of the entered value of the excluded products imported during the
period of Presidential review. This investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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
[email protected]. 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 May 22, 2020, based on a complaint filed by Universal Electronics,
Inc. (``UEI'') of Scottsdale, Arizona. 85 FR 31211-212 (May 22, 2020).
The complaint, as supplemented, alleges violations of section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 337''),
in the importation into the United States, sale for importation, or
sale in the United States after importation of certain electronic
devices, including streaming players, televisions, set top boxes,
remote controllers, and components thereof, by reason of infringement
of one or more of the asserted claims of the '196 patent and U.S.
Patent Nos. 7,696,514 (``the '514 patent''), 9,911,325 (``the '325
patent''), 9,716,853 (``the '853 patent''), 7,589,642 (``the '642
patent''), and 10,600,317 (``the '317 patent''). Id. The complaint
alleges that a domestic industry exists. Id.
The Commission's notice of investigation names the following
respondents: Roku Inc. of Los Gatos, California (``Roku''); TCL
Electronics Holdings Ltd. of New Territories, Hong Kong; Shenzhen TCL
New Technology Co. Ltd. of Shenzhen, China; TCL King Electrical
Appliances Co. Ltd. of Huizhou, China; TTE Technology Inc. of Corona,
California; TCL Corp. of Huizhou City, China; TCL Moka Int'l Ltd. of
New Territories, Hong Kong; TCL Overseas Marketing Ltd. of New
Territories, Hong Kong; TCL Industries Holdings Co., Ltd. of New
Territories, Hong Kong; and TCL Smart Device Co. of Bac Tan Uyen
District, Vietnam (collectively, ``the TCL Respondents''); Hisense Co.
Ltd. of Qingdao, China; Hisense Electronics Manufacturing Co. of
America Corp. of Suwanee, Georgia; Hisense Import & Export Co. Ltd. of
Qingdao, China; Qingdao Hisense Electric Co., Ltd. of Qingdao, China;
and Hisense International Co., Ltd. of Shen Wang, Hong Kong
(collectively, ``the Hisense Respondents''); Funai Electric Co., Ltd.
of Osaka, Japan; Funai Corp. Inc. of Rutherford, New Jersey; and Funai
Co., Ltd. of Nakhon Ratchasima, Thailand (collectively, ``the Funai
Respondents''). Id. The Office of Unfair Import Investigations did not
participate as a party in this investigation. Id.
The Commission partially terminated the investigation with respect
to certain patents and claims that were withdrawn by UEI, including all
of the asserted claims of the '514 patent, '325 patent, and '853
patent. See Order No. 27 (Dec. 2, 2020), unreviewed by Comm'n Notice
(Dec. 23, 2020); Order No. 32 (Dec. 21, 2020), unreviewed by Comm'n
Notice (Jan. 5, 2021); Order No. 33 (Dec. 29, 2020), unreviewed by
Comm'n Notice (Jan. 13, 2021); Order No. 34 (Jan. 4, 2021), unreviewed
by Comm'n Notice (Jan. 21, 2021); Order No. 44 (Feb. 2, 2021),
unreviewed by Comm'n Notice
[[Page 64229]]
(Feb. 19, 2021); Order No. 49 (Feb. 9, 2021), unreviewed by Comm'n
Notice (Feb. 24, 2021); Order No. 66 (March 23, 2021), unreviewed by
Comm'n Notice (April 8, 2021); Order No. 67 (Apr. 6, 2021), unreviewed
by Comm'n Notice (Apr. 22, 2021).
The Commission also terminated the investigation with respect to
the Hisense Respondents, the TCL Respondents, and the Funai
Respondents. Order No. 67 (Apr. 6, 2021), unreviewed by Comm'n Notice
(Apr. 22, 2021).
As a result of these terminations, the only remaining respondent is
Roku, and the only claims still at issue for infringement or domestic
industry purposes are claim 19 of the '642 patent; claims 3, 6, 9, and
11 of the '317 patent; and claims 1-3, 11, and 13-15 of the '196
patent.
On August 19, 2020, the ALJ held a technology tutorial and Markman
hearing. The ALJ issued a Markman order on October 1, 2020. Order No.
24 (Oct. 1, 2020).
On February 18, 2021, the Commission determined not to review an
initial determination (``ID'') granting UEI's motion for summary
determination that claim 19 of the '642 patent is practiced by the
domestic industry products and infringed by the accused ``Elk'' series
of products. Order No. 38 (Jan. 19, 2021), unreviewed by Comm'n Notice
(Feb. 18, 2021).
On February 24, 2021, the Commission determined to review and
reverse an ID granting Roku's motion for summary determination that UEI
lacks standing to assert the '196 patent and to remand the standing
question to the ALJ for further consideration. Order No. 40 (Jan. 25,
2021), reviewed by Comm'n Notice (Feb. 24, 2021); see also Comm'n Op.
(Mar. 3, 2021).
The ALJ held on evidentiary hearing from April 19-23, 2021.
On July 9, 2021, the ALJ issued a final ID, finding a violation of
Section 337 as to the '196 patent because: (i) UEI has standing to
assert the '196 patent; (ii) the accused Roku Ultra and Soundbar
products infringe claims 1, 3, 11, and 13-15 of the '196 patent but its
revised Ultra and Soundbar products do not infringe any asserted
claims; (iii) the asserted claims are not invalid as obvious; and (iv)
UEI satisfied the technical and economic prongs of the domestic
industry requirement with respect to this patent. The ID, however,
finds no violation with respect to the '642 patent or the '317 patent
because the asserted claims of those patents, though infringed, are
invalid.
On July 13, 2021, the Commission issued a notice soliciting public
comments on the public interest factors, if any, that may be implicated
if a remedy were issued. See 86 FR 38126 (July 19, 2021). The
Commission did not receive any comments in response to its notice. No
party submitted public interest comments pursuant to Commission Rule
210.50(a)(4) (19 CFR 210.50(a)(4)).
On July 23, 2021, both UEI and Roku filed petitions for review of
certain findings in the final ID, pursuant to Commission Rule 210.43(a)
(19 CFR 210.43(a)). On August 2, 2021, the parties filed their
respective replies, pursuant to Commission Rule 210.43(c) (19 CFR
210.43(c)).
On September 9, 2021, the Commission determined to review the ID
with respect to certain issues, including: (i) All issues in the ID
relating to the '196 patent, including claim construction,
infringement, and validity (Questions A-D); (ii) whether UEI satisfied
the technical prong of the domestic industry requirement with respect
to the '317 patent (Question E); and (iii) whether UEI satisfied the
economic prong of the domestic industry requirement under Section
337(a)(3)(B) for the '196 patent and '317 patent (Question F), as well
as the '642 patent. 86 FR 51381, 51382-83 (Sept. 15, 2021). The
Commission determined not to review any other issues relating to the
'317 patent or '642 patent. See id.
On September 24, 2021, UEI and Roku filed their initial responses
to the Commission's questions on review and on remedy, the public
interest, and bonding. On October 1, 2021, the parties filed their
replies to each other's initial submissions to the Commission.
On October 26, 2021, while the investigation was still pending
final determination by the Commission, Roku filed a Motion for a
Limited Reopening of the Record and for a Shortened Response Time
(``Motion'') so that the Commission could consider allegedly
contradictory deposition testimony from a certain UEI fact witness
taken in another investigation involving the same parties, products,
and technology. See Certain Televisions, Remote Controls, and
Components Thereof, Inv. No. 337-TA-1263 (``the 1263 Investigation'').
On the same date, Roku and UEI filed a Joint Motion to Amend the
Protective Order to Add Provisions Relating to Materials from Inv. No.
337-TA-1263 (``Joint APO Motion'').
On October 28, 2021, the Commission granted Roku's motion for a
shortened response time, directing UEI to file its response by the
close of business on November 2, 2021. Comm'n Order (Oct. 28, 2021).
The Commission denied the parties' Joint APO Motion as moot. Id.
On November 2, 2021, UEI filed its opposition to Roku's Motion, in
accordance with the Commission's order.
The Commission, having reviewed the parties' submissions, the ID,
and the deposition testimony at issue, has determined to deny Roku's
Motion to reopen the record.
Furthermore, the Commission, having reviewed the record in this
investigation, including the final ID, the parties' petitions, and
responses thereto, has determined that Roku violated section 337 by
importing into the United States, selling for importation, or selling
in the United States after importation certain electronic devices,
including streaming players, televisions, set-top boxes, remote
controllers, and components thereof that infringe one or more of claims
1, 3, 11, and 13-15 of the '196 patent. The Commission finds no
violation with respect to the '317 patent and '642 patent.
The Commission has determined that the appropriate remedy is: (i) A
limited exclusion order prohibiting the importation of certain
electronic devices, including streaming players, televisions, set-top
boxes, remote controllers, and components thereof that infringe one or
more of claims 1, 3, 11, and 13-15 of the '196 patent; and (ii) a cease
and desist order against Roku. The Commission has determined that the
public interest factors do not preclude issuance of a remedy. The
Commission has determined to set a bond in the amount of zero (0)
percent (i.e., no bond) of the entered value of the excluded products
imported during the period of Presidential review (19 U.S.C. 1337(j)).
The Commission issues its opinion herewith setting forth its
determinations on certain issues. This investigation is hereby
terminated.
The Commission's orders and opinion were delivered to the President
and United States Trade Representative on the day of their issuance.
The Commission voted to approve these determinations on November
10, 2021.
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: November 10, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-25062 Filed 11-16-21; 8:45 am]
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