Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same II; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Intervene of Amazon.Com, Inc., 16766 [2022-06177]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Notices]
[Page 16766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06177]



[[Page 16766]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1297]


Certain Video Processing Devices, Components Thereof, and Digital 
Smart Televisions Containing the Same II; Notice of a Commission 
Determination Not To Review an Initial Determination Granting a Motion 
To Intervene of Amazon.Com, Inc.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 9) issued by the presiding administrative law judge 
(``ALJ'') on February 25, 2022, granting a motion to intervene of 
Amazon.com, Inc. (``Amazon'').

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., 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 
[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: On February 3, 2022, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, based on a complaint filed by DivX, 
LLC of San Diego, California (``DivX''). 87 FR 6200-01 (Feb. 3, 2022). 
The complaint alleged a violation 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 video processing 
devices, components thereof, and digital smart televisions containing 
the same by reason of infringement of certain claims of U.S. Patent 
Nos. 8,832,297 and 8,472,792. The complaint also alleged the existence 
of a domestic industry. The notice of investigation named as 
respondents: TCL Technology Group Corporation of Huizhou, Guangdong, 
China; TCL Electronics Holdings Limited of Shenzhen, Guangdong, China; 
TTE Technology, Inc. of Shenzhen, Guangdong, China; TCL King Electrical 
Appliances (Huizhou) Co. Ltd. of Huizhou, Guangdong, China; TCL MOKA 
International Limited of Sha Tin, New Territories, Hong Kong; and TCL 
Smart Device (Vietnam) Co., Ltd. of Tan Binh Commune, Bae Tan Uyen 
District, Binh Duong Province, Vietnam (collectively, ``TCL''). Id. at 
6201. The Commission's Office of Unfair Import Investigations was not 
named as a party in this investigation. Id.
    On February 11, 2022, Amazon moved pursuant to 19 CFR 210.19 to 
intervene in this investigation. Respondents TCL did not oppose. Order 
No. 9, at 1 (Feb. 25, 2022). While complainant DivX did not oppose 
Amazon's requested relief, and ``does not otherwise plan to file a 
response to the motion, it (i) takes no position as to whether it is 
more appropriate for Amazon to intervene in this Investigation as an 
intervenor or as a respondent, and reserves all rights, and (ii) makes 
no representations regarding TCL's knowledge of Amazon technology.'' 
Id. (quoting Mot. at 1).
    Amazon requests that it be permitted to intervene in this 
investigation as an intervenor ``with full participation rights and 
obligations with respect to the issues of infringement/non- 
infringement, validity/invalidity, any related subsidiary issues (e.g., 
claim construction), any other issue directed to or otherwise involving 
Amazon's technology, including reasonable discovery of the foregoing 
(subject to Amazon's objections), such as responding to discovery 
requests, producing corporate designees for deposition and hearing 
testimony, and being subject to motions to compel to the same extent as 
any of the Respondents.'' Id. at 1-2 (quoting Mot. at 1). Amazon did 
not ask to be accorded respondent status. Id. at 2 (citing Mem. at 2-
10).
    Amazon explains that DivX accuses certain TCL products of 
infringing the asserted patents ``at least in part because they use and 
incorporate Amazon technology--primarily, Amazon's Prime Video.'' Id. 
(quoting Mem. at 8). Amazon therefore contends that it has a 
``substantial interest in this investigation with respect to Prime 
Video, and TCL's interests are not only centered on their own devices, 
but TCL also lacks the knowledge and information to be able to 
adequately represent Amazon's interest with respect to Prime Video and 
any other Amazon technologies.'' Id. (quoting Mem. at 7).
    On February 25, 2022, the ALJ issued the subject ID, granting 
Amazon's motion. The ID found that there is no dispute that Amazon has 
an interest in infringement and invalidity issues regarding the 
asserted patents, that Amazon's interests are not adequately protected 
by TCL, and that intervention has been granted in similar circumstances 
in previous investigations. Id. at 2-3 (citing Certain Communications 
or Computing Devices and Components Thereof, Inv. No. 337-TA-925, Order 
No. 6 at 4 (Sept. 9, 2014) (granting Google's motion to intervene), 
unreviewed by Comm'n Notice (Oct. 10, 2014)). The ID further found that 
there is also no dispute that Amazon's motion was timely filed, having 
been filed only days after the institution of the investigation. Id. at 
3. The ID also found that no party claims any undue prejudice from 
Amazon's intervention, and that there is no opposition to Amazon's 
intervention in this investigation. Id. The ID found that, therefore, 
Amazon's participation will facilitate discovery and aid the Commission 
in resolving the parties' dispute.
    On March 3, 2022, DivX, TCL, and Amazon filed a letter with the 
Commission requesting an expedited determination on whether to review 
the subject ID and indicating that none of the parties would petition 
for review of the ID.
    The Commission has determined not to review the ID. Amazon's 
intervention as intervenor in this investigation is granted.
    The Commission vote for this determination took place on March 18, 
2022.
    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: March 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06177 Filed 3-23-22; 8:45 am]
BILLING CODE 7020-02-P