Notice2022-11460
Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Due to Settlement and Setting a Schedule for Briefing an Order Concerning Sanctions; Termination of Investigation
Primary source
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Published
May 27, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission (the "Commission") has determined not to review an initial determination ("ID") (Order No. 76) issued by the presiding administrative law judge ("ALJ") terminating the investigation due to a settlement agreement. The Commission has also set a briefing schedule in connection with Order No. 75 denying a motion for sanctions. This investigation is hereby terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 103 (Friday, May 27, 2022)</title>
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[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32184-32185]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11460]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1222]
Certain Video Processing Devices, Components Thereof, and Digital
Smart Televisions Containing the Same; Commission Determination Not To
Review an Initial Determination Terminating the Investigation Due to
Settlement and Setting a Schedule for Briefing an Order Concerning
Sanctions; Termination of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 76) issued by the presiding
administrative law judge (``ALJ'') terminating the investigation due to
a settlement agreement. The Commission has also set a briefing schedule
in connection with Order No. 75 denying a motion for sanctions. This
investigation is hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket system (``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#eaafaea3b9d9a28f869aaa9f99839e89c48d859c"><span class="__cf_email__" data-cfemail="8acfcec3d9b9c2efe6facafff9e3fee9a4ede5fc">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on October 19, 2020, based on a complaint, as supplemented, filed by
DivX, LLC (``DivX'') of San Diego, California. 85 FR 66355 (Oct. 19,
2020). The complaint alleges a violation of section 337 of the Tariff
Act, as amended, 19 U.S.C. 1337, from the importation, sale for
importation, or sale in 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 asserted claims of U.S. Patent Nos. 8,832,297; 10,212,486;
10,412,141; and 10,484,749. Id. The complaint further alleges the
existence of a domestic industry. Id.
The Commission's notice of investigation names the following
respondents: Samsung Electronics Co., Ltd. of Gyeonggi-do, Korea;
Samsung Electronics America, Inc. of Ridgefield Park, New Jersey;
Samsung Electronics HCMC CE Complex Co., Ltd. of Ho Chi Minh City,
Vietnam (collectively, ``Samsung''); LG Electronics Inc. of Seoul,
Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey
(collectively ``LG''); MediaTek, Inc. of Hsinchu City, Taiwan; MediaTek
USA Inc. of San Jose, California; MStar Semiconductor, Inc. of Hsinchu
Hsien, Taiwan (collectively, ``MediaTek''); Realtek Semiconductor Corp.
of Hsinchu, Taiwan (``Realtek''); TCL Corporation of Huizhou,
Guangdong, China; TCL Technology Corporation of Huizhoug, Guangdong,
China; TCL Electronics Holdings Ltd. of Shenzhen, Guangdong, China; TTE
Technology, Inc. of Corona, California; Shenzhen TCL New Technologies
Co. of Shenzhen, Guangdong, China; TCL King Electrical Appliances
(Huizhou) Co. Ltd. of Huizhou, Guangdong, China; TCL
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MOKA International Ltd. of Sha Tin, New Territories, Hong Kong; and TCL
Smart Device (Vietnam) Co., Ltd. of Bac Tan Uyen District, Binh Duong
Province, Vietnam (collectively, ``TCL''). Id. at 66356. The Office of
Unfair Import Investigations was not named as a party to this
investigation. Id.
The Commission has partially terminated the investigation with
respect to certain patents and patent claims. Order No. 25 (Jan. 15,
2021), unreviewed by Comm'n Notice (Feb. 1, 2021); Order No. 34 (Feb.
19, 2021), unreviewed by Comm'n Notice (March 15, 2021); Order No. 49
(April 21, 2021), unreviewed by Comm'n Notice (May 10, 2021); Order No.
65 (June 28, 2021), unreviewed by Comm'n Notice (July 28, 2021).
The Commission has also partially terminated the investigation with
respect to certain respondents due to settlement agreements. See Order
No. 37 (terminating MediaTek), unreviewed by Comm'n Notice (March 12,
2021); Order No. 67 (July 16, 2021) (terminating RealTek), unreviewed
by Comm'n Notice (Aug. 4, 2021); Order No. 69 (Aug. 12, 2021)
(terminating LG, Samsung), unreviewed by Comm'n Notice (Sept. 15,
2021).
On April 19, 2022, DivX and TCL jointly moved to terminate the
investigation based on a settlement agreement that resolves the dispute
between the parties.
On April 22, 2022, the presiding ALJ issued the subject ID (Order
No. 76) granting the joint motion to terminate the investigation based
on the settlement agreement. The ID finds that, pursuant to Commission
Rules 210.21(a)(1), (b)(1) (19 CFR 210.21(a)(1), (b)(1)), DivX and TCL
have represented that there are no other agreements, express or
implied, oral or written, between them regarding the subject matter of
this investigation. The ID further finds that termination is proper
because it would not be contrary to the public health and welfare,
competitive conditions in the U.S. economy, the production of like or
directly competitive conditions in the United States, or U.S.
consumers. The ID further finds that termination is in the public
interest, and it will conserve public and private resources.
No party filed a petition for review of the subject ID.
On October 4, 2021, former respondent RealTek filed a motion for
sanctions against DivX, pursuant to Commission Rules 210.4 and 210.25
(19 CFR 210.4, 210.25), for alleged misrepresentations and misconduct
during the investigation. DivX filed its opposition to RealTek's motion
on October 14, 2021.
On April 22, 2022, the presiding ALJ issued Order No. 75, denying
RealTek's motion for sanctions. Order No. 75 (April 22, 2022).
The Commission has determined not to review Order No. 76. This
investigation is hereby terminated.
The Commission has set the following schedule in connection with
Order No. 75. Any petition for review of Order No. 75 must be filed by
June 1, 2022. Responses to a petition for review, if any, must be filed
by June 8, 2022.
The Commission voted to approve this determination on May 24, 2022.
The authority for the Commission's determinations 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: May 24, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11460 Filed 5-26-22; 8:45 am]
BILLING CODE 7020-02-P
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