Notice2023-02246
Certain Active Matrix Organic Light-Emitting Diode Display Panels and Modules for Mobile Devices, and Components Thereof; Institution of Investigation
Primary source
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Published
February 3, 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 28, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Samsung Display Co., Ltd. of the Republic of Korea. A supplement to the complaint was filed on January 17, 2023. 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 active matrix organic light-emitting diode display panels and modules for mobile devices, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,818,803 ("the '803 patent"); U.S. Patent No. 10,854,683 ("the '683 patent"); U.S. Patent No. 7,414,599 ("the '599 patent"); and U.S. Patent No. 9,330,593 ("the '593 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 88 Issue 23 (Friday, February 3, 2023)</title>
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[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7463-7464]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02246]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1351]
Certain Active Matrix Organic Light-Emitting Diode Display Panels
and Modules for Mobile Devices, and Components Thereof; 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 28, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Samsung Display
Co., Ltd. of the Republic of Korea. A supplement to the complaint was
filed on January 17, 2023. 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 active matrix organic light-emitting diode display panels and
modules for mobile devices, and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 9,818,803 (``the '803
patent''); U.S. Patent No. 10,854,683 (``the '683 patent''); U.S.
Patent No. 7,414,599 (``the '599 patent''); and U.S. Patent No.
9,330,593 (``the '593 patent''). The complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute. The complainant requests that the Commission institute
an investigation and, after the investigation, issue a general
exclusion order, or in the alternative 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#3570717c66067d5059457540465c41561b525a43"><span class="__cf_email__" data-cfemail="f2b7b6bba1c1ba979e82b287819b8691dc959d84">[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: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 27, 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 1-5 and 19-21 of the '803 patent; claims 1, 2, 4-10, and 13 of
the '683 patent; claims 1-18 of the '599 patent; and claims 1-3, 6-8,
and 14-22 of the '593 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 ``active matrix
organic light-emitting diode (`AMOLED') display panels and modules used
as replacement displays for mobile devices comprising organic pixel
elements for presenting information to a viewer which infringe one or
more claims of the Asserted Patents, and components thereof, where
AMOLED display module refers to the assembly of an AMOLED display panel
(containing light-emitting materials, pixel circuitry, and
encapsulation layers on a substrate) with additional components such as
a connector cable, one or more polarizing layers, window glass, and/or
housing materials around the AMOLED display panel'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
[[Page 7464]]
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) 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:
Samsung Display Co., Ltd., #1, Samsung-ro, Giheung-gu, Yongin-si,
Gyeonggi-do, 17113, Republic of Korea
(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:
Apt-Ability LLC d/b/a MobileSentrix, 4315-D Walney Road, Chantilly, VA
20151
Mobile Defenders, LLC, 6155 East Paris SE, Suite 130, Caledonia, MI
49316
Injured Gadgets, LLC, 6141 Crooked Creek Road, Norcross, GA 30092
Group Vertical, LLC, 678 Front Ave. NW, Suite 135, Grand Rapids, MI
49504
Electronics Universe, Inc., d/b/a <a href="http://Fixez.com">Fixez.com</a>, 6000 S Eastern Ave., Suite
6A, Las Vegas, NV 89119
Electronics Universe, Inc., d/b/a Repairs Universe, Inc., 6000 S
Eastern Ave., Suite 6A, Las Vegas, NV 89119
LCTech International Inc., d/b/a <a href="http://SEGMobile.com">SEGMobile.com</a>, 20615 Valley Boulevard,
City of Industry, CA 91789
Sourcely Plus, LLC, 549 S 48th Street, Suite 107, Tempe, AZ 85281
eTech Parts Plus LLC, 2380 Dean Way #160, Southlake, TX 76092
Parts4Cells Inc., 5750 Bintliff Drive, Suite 220, Houston, TX 77036
Wholesale Gadget Parts, Inc., 12820 S Memorial Drive, Suite 112, Bixby,
OK 74008
Captain Mobile Parts, Inc., 11293 N Stemmons Freeway, Dallas, TX 75229
DFW Imports LLC, d/b/a DFW Cellphone and Parts, 11500 Harry Hines
Boulevard, Suite 112, Dallas, TX 75229-8135
Phone LCD Parts LLC, 32 Riverview Dr., Wayne, NJ 07470
Parts4LCD, 32 Riverview Dr., Wayne, NJ 07470
Mengtor Inc., 3612 Arden Dr, #E, El Monte, CA 91731
Gadgetfix Corp., 15041 Bake Parkway, Unit C, Irvine, CA 92618
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
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
complainant 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: January 27, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-02246 Filed 2-2-23; 8:45 am]
BILLING CODE 7020-02-P
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