Certain Video Processing Devices and Components Thereof; Notice of Institution of Investigation, 73328 [2022-26054]
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Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1343]
Certain Video Processing Devices and
Components Thereof; Notice of
Institution of Investigation
International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
October 24, 2022, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of DivX, LLC of San Diego,
California. 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 video processing devices and
components thereof by reason of the
infringement of certain claims of U.S.
Patent No. 8,832,297 (‘‘the ’297 patent’’);
U.S. Patent No. 7,295,673 (‘‘the ’673
patent’’); U.S. Patent No. 10,225,588
(‘‘the ’588 patent’’); U.S. Patent No.
11,102,553 (‘‘the ’553 patent’’); and U.S.
Patent No. 11,050,808 (‘‘the ’808
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
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:
Jessica Mullan, Office of Docket
Services, 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.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:29 Nov 28, 2022
Jkt 259001
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
November 22, 2022, 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, and 4 of the ’297 patent; claims 29–
32 of the ’673 patent; claims 1–11 of the
’588 patent; claims 11–13 and 15–17 of
the ’553 patent; and claims 1–7 and 10–
16 of the ’808 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 ‘‘smart televisions,
digital tablets, dedicated streaming
media and video processing devices and
set-top boxes, and components thereof’’;
(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 complainant is:
DivX, LLC, 4350 La Jolla Village Drive,
Suite 950, San Diego, CA 92122
(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:
Amazon.com, Inc., 410 Terry Avenue
North, Seattle, WA 98109
VIZIO, Inc., 39 Tesla, Irvine, CA 92618
(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 is not 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
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
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: November 23, 2022.
Jessica Mullan,
Acting Supervisory Attorney.
[FR Doc. 2022–26054 Filed 11–28–22; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1283]
Certain Composite Baseball and
Softball Bats and Components
Thereof; Notice of Correction
Concerning Commission Issuance of a
Limited Exclusion Order and a Cease
and Desist Order Against a Defaulting
Respondent; Termination of
Investigation
U.S. International Trade
Commission.
AGENCY:
ACTION:
Notice.
Correction is made to notice
87 FR 66746–47 which was published
on Friday, November 4, 2022, to clarify
that the Commission voted to approve
the determination on October 31, 2022,
and not November 1, 2022. The
Commission vote date is hereby
corrected in the notice of termination.
SUMMARY:
Issued: November 22, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022–25931 Filed 11–28–22; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\29NON1.SGM
29NON1
]]>Agencies
[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Page 73328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26054]
[[Page 73328]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1343]
Certain Video Processing Devices and Components Thereof; Notice
of Institution of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 24, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of DivX, LLC of
San Diego, California. 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 video processing devices and components thereof by reason of
the infringement of certain claims of U.S. Patent No. 8,832,297 (``the
'297 patent''); U.S. Patent No. 7,295,673 (``the '673 patent''); U.S.
Patent No. 10,225,588 (``the '588 patent''); U.S. Patent No. 11,102,553
(``the '553 patent''); and U.S. Patent No. 11,050,808 (``the '808
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: Jessica Mullan, Office of Docket
Services, 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 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 22, 2022, 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, and 4 of the '297 patent; claims 29-32 of the '673 patent;
claims 1-11 of the '588 patent; claims 11-13 and 15-17 of the '553
patent; and claims 1-7 and 10-16 of the '808 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 ``smart televisions,
digital tablets, dedicated streaming media and video processing devices
and set-top boxes, and components thereof'';
(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 complainant is:
DivX, LLC, 4350 La Jolla Village Drive, Suite 950, San Diego, CA 92122
(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:
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109
VIZIO, Inc., 39 Tesla, Irvine, CA 92618
(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 is not 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
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: November 23, 2022.
Jessica Mullan,
Acting Supervisory Attorney.
[FR Doc. 2022-26054 Filed 11-28-22; 8:45 am]
BILLING CODE 7020-02-P
