Notice2022-02307
Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same II; Institution of Investigation
Primary source
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Published
February 3, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 24, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of DivX, LLC of San Diego, California. The complaint was supplemented by letter on December 7, 2021, and an amended complaint was filed on December 28, 2021. The complaint, as amended, 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, components thereof, and digital smart televisions containing the same by reason of infringement of one or more claims of U.S. Patent No. 8,832,297 ("the '297 patent") and U.S. Patent No. 8,472,792 ("the '792 patent"). The amended complaint further alleges that an industry in the United States exists or is in the process of being established 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.
Full Text
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<title>Federal Register, Volume 87 Issue 23 (Thursday, February 3, 2022)</title>
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6200-6201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02307]
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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; 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
[[Page 6201]]
November 24, 2021, under section 337 of the Tariff Act of 1930, as
amended, on behalf of DivX, LLC of San Diego, California. The complaint
was supplemented by letter on December 7, 2021, and an amended
complaint was filed on December 28, 2021. The complaint, as amended,
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,
components thereof, and digital smart televisions containing the same
by reason of infringement of one or more claims of U.S. Patent No.
8,832,297 (``the '297 patent'') and U.S. Patent No. 8,472,792 (``the
'792 patent''). The amended complaint further alleges that an industry
in the United States exists or is in the process of being established
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, as amended, 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#eeabaaa7bddda68b829eae9b9d879a8dc0898198"><span class="__cf_email__" data-cfemail="9adfded3c9a9d2fff6eadaefe9f3eef9b4fdf5ec">[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: 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 (2021).
Scope of investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 28, 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 1-11 and 14-17 of the '297 patent and claims 15-23 of the '792
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 ``certain video
processing devices, components thereof, and digital smart televisions
containing the same, including printed circuit board assemblies for use
in video processing in digital smart televisions and associated
software and/or firmware'';
(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,
California 92122
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
TCL Technology Group Corporation, TCL Technology Building No. 17,
Huifeng 3rd Road, Zhongkai High-Tech Development District, Huizhou,
Guangdong, 516006, China
TCL Electronics Holdings Limited, 9 Floor, TCL Electronics Holdings
Limited Building, TCL International E City, #1001 Zhongshan Park Road,
Nanshan District, Shenzhen, Guangdong, 518067, China
TTE Technology, Inc., 1860 Compton Avenue, Corona, CA 92881, Shenzhen
TCL New Technologies Co. Ltd., 9 Floor, TCL Electronics Holdings
Limited Building, TCL International E City, #1001 Zhongshan Park Road,
Nanshan District, Shenzhen, Guangdong, 518067, China
TCL King Electrical Appliances (Huizhou) Co. Ltd., No. 78, 4th Huifeng
Rd, Zhongkai New & High-Tech Industries, Development Zone, Huizhou,
Guangdong, 516006, China
TCL MOKA International Limited, 7/F Hong Kong Science Park, Building 22
E, 22 Science Park East Avenue, Sha Tin, New Territories, Hong Kong
TCL Smart Device (Vietnam) Co., Ltd, No. 26 VSIP II-A, Street 32,
Vietnam Singapore Industrial Park II-A, Tan Binh Commune, Bac Tan Uyen
District, Binh Duong Province, 75000, Vietnam; and
(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
participating as a party in this investigation.
Responses to the amended 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 amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: January 31, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-02307 Filed 2-2-22; 8:45 am]
BILLING CODE 7020-02-P
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