Notice2022-06528
Certain Digital Video-Capable Devices and Components Thereof; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation
Primary source
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Published
March 29, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to affirm in part, on modified grounds, reverse in part, and take no position in part on a final initial determination ("ID") of the presiding administrative law judge ("ALJ") finding no violation of section 337. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 60 (Tuesday, March 29, 2022)</title>
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[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 18039-18040]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06528]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1224]
Certain Digital Video-Capable Devices and Components Thereof;
Notice of a Commission Determination Finding No Violation of Section
337; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to affirm in part, on
modified grounds, reverse in part, and take no position in part on a
final initial determination (``ID'') of the presiding administrative
law judge (``ALJ'') finding no violation of section 337. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 205-2737. Copies of non-
confidential documents filed in connection with this investigation 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#c88d8c819bfb80ada4b888bdbba1bcabe6afa7be"><span class="__cf_email__" data-cfemail="b0f5f4f9e383f8d5dcc0f0c5c3d9c4d39ed7dfc6">[email protected]</span></a>. 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>. 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 the present
investigation on October 22, 2020, based on a complaint and supplement
thereto filed by Koninklijke Philips N.V. of Eindhoven, Netherlands and
Philips North America LLC of Cambridge, Massachusetts (collectively,
``Philips''). 85 FR 67373-74 (Oct. 22, 2020). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based upon the importation, sale for
importation, and sale in the United States after importation of certain
digital video-capable devices and components thereof by reason of
infringement of certain claims of U.S. Patent Nos. 9,436,809 (``the
'809 patent''); 9,590,977 (``the '977 patent''); 10,091,186 (``the '186
patent''); and 10,298,564 (``the '564 patent''). Id. at 67373. The
complaint further alleged that an industry in the United States exists
or is in the process of being established, as required by section 337.
Id. The notice of investigation named the following respondents: Dell
Technologies Inc. of Round Rock, Texas and Dell Inc. of Round Rock,
Texas (together ``Dell''); Hisense Co. Ltd. of Qingdao, China, Hisense
Visual Technology Co., Ltd. of Qingdao, China, Hisense Electronics
Manufacturing Company of America Corporation of Suwanee, Georgia,
Hisense USA Corporation of Suwanee, Georgia, Hisense Import & Export
Co. Ltd. of Qingdao, China, Hisense International Co., Ltd. of Qingdao,
China, Hisense International (HK) Co., Ltd. of Sheung Wan, Hong Kong
(SAR), and Hisense International (Hong Kong) America Investment Co.,
Ltd. of Sheung Wan, Hong Kong (SAR) (together, ``Hisense''); HP, Inc.
of Palo Alto, California (``HP''); Lenovo Group Ltd. of Quarry Bay,
Hong Kong (SAR) and Lenovo (United States), Inc. of Morrisville, North
Carolina (together, ``Lenovo''); LG Electronics, Inc. of
[[Page 18040]]
Seoul, Republic of Korea and LG Electronics USA, Inc. of Englewood
Cliffs, New Jersey (together ``LG''); TCL Industries Holdings Co.,
Ltd., of Guangdong, China, TCL Electronics Holdings Ltd. of Hong Kong
Science Park, Hong Kong (SAR), TCL King Electrical Appliances (Huizhou)
Co. Ltd. of Huizhou, China, TTE Technology, Inc. of Corona, California,
TCL Moka International Ltd. of Sha Tin, Hong Kong, TCL Moka
Manufacturing S.A. de C.V. of Tijuana, Mexico, TCL Smart Device
(Vietnam) Company Ltd. of Binh Duong, Vietnam (together ``TCL'');
MediaTek Inc. of Hsinchu, Taiwan and MediaTek USA Inc. of San Jose,
California (together ``MediaTek''); Realtek Semiconductor Corp. of
Hsinchu, Taiwan (``Realtek''); and Intel Corporation of Santa Clara,
California (``Intel''). Id. at 67374. The Office of Unfair Import
Investigations (``OUII'') is participating in the investigation. Id.
During the course of the investigation, Philips moved to terminate
the investigation as to various claims, patents, and respondents,
including LG and MediaTek. See Order No. 19, unreviewed by Comm'n
Notice (Apr. 15, 2021), Order No. 21, unreviewed by Comm'n Notice (May
12, 2021), Order No. 26, unreviewed by Comm'n Notice (Jun 21, 2021),
Order 32, unreviewed by Comm'n Notice (July 26, 2021), Order No. 40,
unreviewed by Comm'n Notice (Aug. 2, 2021), and Order No. 46,
unreviewed by Comm'n Notice (Aug. 10, 2021). The Respondents remaining
in the investigation are Dell, Hisense, HP, Lenovo, TCL, Realtek, and
Intel (together, ``the Respondents''). The remaining asserted patent
claims are: claims 1, 9, 11, 12, and 14 of the '186 patent; and claims
1, 18, 19, 21, and 25 of the '564 patent.
On October 21, 2021, the ALJ issued the subject ID. On November 2,
2021, Philips and OUII each filed petitions for review. Also, on
November 2, 2021, Respondents Intel, HP, Dell, and Lenovo filed a
contingent petition for review, and Respondents HP, Realtek, Dell,
Lenovo, Hisense, and TCL filed a separate contingent petition for
review. On November 10, 2021, Philips, OUII, and the Respondents each
filed replies.
On December 20, 2021, the Commission determined to review the ID in
part. Specifically, the Commission determined to review the ID's
findings on claim construction, infringement, validity, and domestic
industry for both of the '186 and '564 patents. Comm'n Notice of Review
(Dec. 20, 2021). The Commission asked for briefing on certain issues
under review and on remedy, bonding, and the public interest. The
parties filed their initial responses on January 7, 2022 and their
replies on January 14, 2022.
Having examined the record of this investigation, including the ID,
the petitions for review, responses, and other submissions from the
parties and the public, the Commission has determined that no violation
of section 337 has occurred. Specifically, the Commission finds that
the asserted claims of the '186 and '564 patents are not infringed and
the domestic industry products do not practice the claims of the '186
and '564 patents. The Commission also takes no position on various
issues, as set forth in the accompanying Opinion, including on the
economic prong of the domestic industry requirement, anticipation,
obviousness, and whether the written description requirement is met for
the claim terms ``predetermined time'' and ``certificate.'' The
Commission's determinations are explained more fully in the
accompanying Opinion. All findings in the ID under review that are
consistent with the Commission's determinations as set forth in the
accompanying Opinion are affirmed.
The Commission vote for this determination took place on March 23,
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 23, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06528 Filed 3-28-22; 8:45 am]
BILLING CODE 7020-02-P
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