Notice2023-00233
Components for Certain Environmentally-Protected LCD Digital Displays and Products Containing Same; Notice of Institution of Investigation
Primary source
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Published
January 10, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 5, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Samsung Electronics Co., Ltd. of the Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; Samsung Research America, Inc. of Mountain View, California; and Samsung International, Inc. of Chula Vista, California. On December 19, 2022, complainants filed a letter supplementing the complaint. 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 components for certain environmentally-protected LCD digital displays and products containing same by reason of the infringement of certain claims of U.S. Patent No. 7,948,575 ("the '575 patent"), U.S. Patent No. 8,111,348 ("the '348 patent"), U.S. Patent No. RE45,117 ("the '117 patent"), U.S. Patent No. 8,842,253 ("the '253 patent"), and U.S. Patent No. 8,223,311 ("the '311 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 a cease and desist order.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1404-1405]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00233]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1349]
Components for Certain Environmentally-Protected LCD Digital
Displays and Products Containing Same; Notice of 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 December 5, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Samsung
Electronics Co., Ltd. of the Republic of Korea; Samsung Electronics
America, Inc. of Ridgefield Park, New Jersey; Samsung Research America,
Inc. of Mountain View, California; and Samsung International, Inc. of
Chula Vista, California. On December 19, 2022, complainants filed a
letter supplementing the complaint. 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 components for certain environmentally-protected LCD
digital displays and products containing same by reason of the
infringement of certain claims of U.S. Patent No. 7,948,575 (``the '575
patent''), U.S. Patent No. 8,111,348 (``the '348 patent''), U.S. Patent
No. RE45,117 (``the '117 patent''), U.S. Patent No. 8,842,253 (``the
'253 patent''), and U.S. Patent No. 8,223,311 (``the '311 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 a cease and desist order.
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#d491909d87e79cb1b8a494a1a7bda0b7fab3bba2"><span class="__cf_email__" data-cfemail="9fdadbd6ccacd7faf3efdfeaecf6ebfcb1f8f0e9">[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 the
Secretary, Docket Services Division, 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 amended complaint,
the U.S. International Trade Commission, on January 4, 2023, 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 1-4 and 11-13 of the '575 patent; claims 1-3 and 6-9 of the '348
patent; claims 1, 2, and 5 of the '117 patent; claims 1, 10-12, and 16-
19 of the '253 patent; and claims 1-4 and 6-13 of the '311 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 ``environmentally
protected digital displays (as well as components thereof such as large
format LCDs, including LCD modules, TFT-LCD modules, LCD panels, and
LCD monitors) that include certain features such as polarizing filters
and/or thermal management cooling paths to assist the display's
operation and the viewing experience'';
(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:
[[Page 1405]]
Samsung Electronics Co., Ltd., 129 Samsung ro (Maetan-dong), Yeongtong-
gu Suwon-Si, Gyeonggi-do 16677 Republic of Korea
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park,
NJ 07660
Samsung Research America, Inc., 665 Clyde Avenue, Mountain View, CA
94043
Samsung International, Inc., 333 H St. Ste. 6000, Chula Vista, CA
91910-5565
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the amended
complaint is to be served:
Manufacturing Resources International, Inc., 6415 Shiloh Road East,
Alpharetta, GA 30005
(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 amended complaint and the notice of investigation
must be submitted by the named respondent 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 amended 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 the 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 4, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-00233 Filed 1-9-23; 8:45 am]
BILLING CODE 7020-02-P
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