Notice2021-15906
Certain Integrated Circuits and Products Containing Same; Institution of Investigation
Primary source
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Published
July 27, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 21, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of MediaTek Inc. of Taiwan and MediaTek USA Inc. of San Jose, California. Supplements to the complaint were filed on July 9, 2021. 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 integrated circuits and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,772,928 ("the '928 patent"); U.S. Patent No. 7,231,474 ("the '474 patent"); U.S. Patent No. 10,264,580 ("the '580 patent"); U.S. Patent No. 10,616,017 ("the '017 patent"); and U.S. Patent No. 10,200,228 ("the '228 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.
Full Text
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<title>Federal Register, Volume 86 Issue 141 (Tuesday, July 27, 2021)</title>
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[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Notices]
[Pages 40208-40209]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15906]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1272]
Certain Integrated Circuits and Products Containing Same;
Institution of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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[[Page 40209]]
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 21, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of MediaTek Inc. of
Taiwan and MediaTek USA Inc. of San Jose, California. Supplements to
the complaint were filed on July 9, 2021. 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 integrated circuits and products
containing same by reason of infringement of certain claims of U.S.
Patent No. 8,772,928 (``the '928 patent''); U.S. Patent No. 7,231,474
(``the '474 patent''); U.S. Patent No. 10,264,580 (``the '580
patent''); U.S. Patent No. 10,616,017 (``the '017 patent''); and U.S.
Patent No. 10,200,228 (``the '228 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 <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#ebaeafa2b8d8a38e879bab9e98829f88c58c849d"><span class="__cf_email__" data-cfemail="6b2e2f223858230e071b2b1e18021f08450c041d">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, 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 July 21, 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 1-16 of the '928 patent; claims 1, 3, 4, 7-10, 14-16, 19, and 20
of the '474 patent; claims 13, 19-22, and 24 of the '580 patent; claims
5-7 and 13-17 of the '017 patent; and claims 11-20 of the '228 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 ``NXP integrated
circuits and evaluation boards; and modules, control units, navigation
systems, and infotainment systems that contain NXP integrated
circuits;''
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or 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. l337(d)(l),
(f)(1), (g)(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:
MediaTek Inc., No. 1, Dusing Road 1, Hsinchu Science Park, Hsinchu City
30078, Taiwan
MediaTek USA Inc., 2840 Junction Avenue, San Jose, California 95134
(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:
NXP Semiconductors N.V., High Tech Campus 60, 5656 AG Eindhoven,
Netherlands
NXP USA, Inc., 6501 W. William Cannon Dr., Austin, TX 78735
Avnet, Inc., 2211 South 47th Street, Phoenix, AZ 85034
Arrow Electronics, Inc., 9201 East Dry Creek Road, Centennial, CO 80112
Mouser Electronics, Inc., 1000 North Main Street, Mansfield, TX 76063
Continental AG, Vahrenwalder Strasse 9, 30165 Hanover, Germany
Continental Automotive GmbH, Vahrenwalder Strasse 9, 30165 Hanover,
Germany
Continental Automotive Systems, Inc., 1 Continental Drive, Auburn
Hills, MI 48326
Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen-
Schillerh[ouml]he, Germany
Robert Bosch LLC, 38000 Hills Tech Drive, Farmington Hills, MI 48331
(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
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: July 21, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-15906 Filed 7-26-21; 8:45 am]
BILLING CODE 7020-02-P
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