Notice2023-21260
Certain Smart Televisions; Notice of a Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in its Entirety; Termination of Investigation
Primary source
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Published
September 28, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 22) granting a joint motion to terminate the investigation in its entirety based upon settlement.
Full Text
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<title>Federal Register, Volume 88 Issue 187 (Thursday, September 28, 2023)</title>
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66895-66896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21260]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1338]
Certain Smart Televisions; Notice of a Commission Determination
Not To Review an Initial Determination Granting a Joint Motion To
Terminate the Investigation in its Entirety; Termination of
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 has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 22)
granting a joint motion to terminate the investigation in its entirety
based upon settlement.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3042. 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#7732333e24443f121b073702041e031459101801"><span class="__cf_email__" data-cfemail="b0f5f4f9e383f8d5dcc0f0c5c3d9c4d39ed7dfc6">[email protected]</span></a>. General
[[Page 66896]]
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: On October 21, 2022, the Commission
instituted this investigation based on a complaint filed by Maxell,
Ltd. (``Maxell'') of Kyoto, Japan. 87 FR 64110 (Oct. 21, 2022). The
complaint alleged violations of section 337 based on the importation
into the United States, the sale for importation, or the sale within
the United States after importation of certain smart televisions by
reason of infringement of one or more of claim 4 of U.S. Patent No.
8,549,109; claims 2, 4, 5, 7, and 8 of U.S. Patent No. 8,170,394; claim
1 of U.S. Patent No. 10,958,971; and claims 1 and 21 of U.S. Patent No.
11,017,815. Id. The Commission's notice of investigation named VIZIO,
Inc. (``VIZIO'') of Irvine, California as the sole respondent. The
Office of Unfair Import Investigations was not named as a party in this
investigation. Id.
On August 25, 2023, Maxell and VIZIO jointly moved to terminate the
investigation in its entirety based upon reaching a settlement
agreement.
On August 30, 2023, the ALJ issued the subject ID granting the
motion. The ID observed that Commission Rule 210.21(a)(2) provides that
``[a]ny party may move at any time to terminate an investigation in
whole or in part as to any or all respondents on the basis of
settlement, a licensing or other agreement . . . .'' ID at 1 (citing 19
CFR 210.21(a)(2)). The ID found that in compliance with 19 CFR
210.21(b)(1), the parties certify that ``there are no other agreements,
written or oral, express or implied, between the parties concerning the
subject matter of the investigation.'' Id. The parties also submitted
confidential and public versions of the settlement agreement. Id. The
ID further found that ``termination of this investigation by settlement
will not adversely affect the public interest.'' Id. (citing 19 CFR
210.50(b)(2)). No one petitioned for review of the subject ID.
The Commission has determined not to review the subject ID. The
investigation is hereby terminated in its entirety.
The Commission vote for this determination took place on September
22, 2023.
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: September 25, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-21260 Filed 9-27-23; 8:45 am]
BILLING CODE 7020-02-P
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