Notice2022-12156
Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the Same; Institution of Investigation
Primary source
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Published
June 7, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 5, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Advanced Micro Devices, Inc. of Santa Clara, California and ATI Technologies ULC of Canada. A supplement to the complaint was filed on May 18, 2022. 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 graphics systems, components thereof, and digital televisions containing the same by reason of the infringement of certain claims of U.S. Patent No. 7,742,053 ("the '053 patent"), U.S. Patent No. 8,760,454 ("the '454 patent"), U.S. Patent No. 11,184,628 ("the '628 patent"), U.S. Patent No. 8,468,547 ("the '547 patent"), and U.S. Patent No. 8,854,381 ("the '381 patent"). The complaint further alleges that an industry in the United States exists and is in the process of being established 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 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34718-34719]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12156]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1318]
Certain Graphics Systems, Components Thereof, and Digital
Televisions Containing the Same; 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 May 5, 2022, under section 337
of the Tariff Act of 1930, as amended, on behalf of Advanced Micro
Devices, Inc. of Santa Clara, California and ATI Technologies ULC of
Canada. A supplement to the complaint was filed on May 18, 2022. 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 graphics systems,
components thereof, and digital televisions containing the same by
reason of the infringement of certain claims of U.S. Patent No.
7,742,053 (``the '053 patent''), U.S. Patent No. 8,760,454 (``the '454
patent''), U.S. Patent No. 11,184,628 (``the '628 patent''), U.S.
Patent No. 8,468,547 (``the '547 patent''), and U.S. Patent No.
8,854,381 (``the '381 patent''). The complaint further alleges that an
industry in the United States exists and is in the process of being
established 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#7530313c26463d1019053500061c01165b121a03"><span class="__cf_email__" data-cfemail="490c0d001a7a012c2539093c3a203d2a672e263f">[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: Katherine Hiner, 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 June 1, 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 1-9 of the '053 patent; claims 2-11 of the '454 patent; claims
7-12 of the '628 patent; claims 16-21 of the '547 patent; and claims
15-20 of the '381 patent, and whether an industry in the United States
exists or in the process of being established 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 ``(a) integrated
circuits that incorporate one or more graphics processing units (GPUs);
(b) printed circuit board assemblies containing the same; and (c)
digital televisions containing the same'';
(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 complainants are:
Advanced Micro Devices, Inc., 2485 Augustine Drive, Santa Clara,
California 95054
ATI Technologies ULC, 1 Commerce Valley Drive East, Markham, ON L3T
7X6, Canada
[[Page 34719]]
(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:
TCL Industries Holdings Co., Ltd., 22nd Floor, TCL Technical Tower,
Huifeng Third Road, Zhongkai Development Zone, Huizhou, Guangdong,
China 516006
TCL Industries Holdings (H.K.) Limited, 8th Floor, Building 22E, Phase
Three, Hong Kong Science Park, Pak Shek Kok, New Territories, Hong Kong
TCL Electronics Holdings Limited, f/k/a TCL Multimedia Technology
Holdings, Ltd., 7/F, Building 22E, 22 Science Park East Avenue, Hong
Kong Science Park, Sha Tin, New Territories, Hong Kong
TCL Technology Group Corporation, TCL Technology Building, No. 17,
Huifeng Third Road, Zhongkai High-tech Zone, Huizhou, Guangdong, China
516006
TTE Corporation, 7/F, Building 22E, 22 Science Park East Avenue, Hong
Kong Science Park, Sha Tin, New Territories, Hong Kong
TCL Holdings (BVI) Limited, 5/F, Building 22E, 22 Science Park East
Avenue, Hong Kong Science Park, Sha Tin, New Territories, Hong Kong
TCL King Electrical Appliances (Huizhou) Co. Ltd., No. 78, Huifeng
Fourth Road, Zhongkai Development Zone, Huizhou, Guangdong, China
516006
Shenzhen TCL New Technologies Co., Ltd., 9th Floor, TCL Electronics
Holdings Limited Building, TCL International E City, No. 1001,
Zhongshan Park Road, Nanshan District, Shenzhen, Guangdong, China
518067
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, Vietnam 75000
Manufacturas Avanzadas SA de CV, Blvd. Independencia #2151, Parque
Industrial Salvacar, Ciudad Ju[aacute]rez, Chihuahua, Mexico 32574
TCL Electronics Mexico, S de RL de CV, Av. Insurgentes Sur 1425,
Insurgentes Mixcoac, Benito Juarez, Distrito Federal, Mexico 03920
TCL Overseas Marketing Ltd., 5/F, Building 22E, 22 Science Park East
Avenue, Hong Kong Science Park, Sha Tin, New Territories, Hong Kong
Realtek Semiconductor Corp., No. 2, Innovation Road II, Hsinchu Science
Park, Hsinchu 300, Taiwan
(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 participate as
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
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: June 1, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12156 Filed 6-6-22; 8:45 am]
BILLING CODE 7020-02-P
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