Notice2024-09362
Certain Video Processing Devices and Products Containing the Same; Notice of a Commission Determination To Review in Part a Final Initial Determination, and on Review, To Find No Violation of Section 337; Termination of the Investigation
Primary source
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Published
May 1, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review the Administrative Law Judge's ("ALJ") final initial determination ("ID"), issued on February 5, 2024, and on review, to find no violation of section 337 in the above-referenced investigation. This investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 85 (Wednesday, May 1, 2024)</title>
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[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Page 35236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09362]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1341]
Certain Video Processing Devices and Products Containing the
Same; Notice of a Commission Determination To Review in Part a Final
Initial Determination, and on Review, To Find No Violation of Section
337; Termination of the 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 (``Commission'') has determined to review the Administrative
Law Judge's (``ALJ'') final initial determination (``ID''), issued on
February 5, 2024, and on review, to find no violation of section 337 in
the above-referenced investigation. This investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-5453. 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#2a6f6e637919624f465a6a5f59435e49044d455c"><span class="__cf_email__" data-cfemail="0346474a50304b666f734376706a77602d646c75">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 29, 2022, based on a complaint filed on behalf of
VideoLabs, Inc. of Palo Alto, California (``VideoLabs''). 87 FR 73329
(Nov. 29, 2022). The complaint, as supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in
the importation into the United States, the sale for importation, or
the sale within the United States after importation of certain video
processing devices and products containing the same by reason of
infringement of claims of U.S. Patent Nos. 7,769,238 (``the '238
patent''), 8,139,878 (``the '878 patent''), and 8,208,542 (``the '542
patent''). Id. The complaint further alleges that a domestic industry
exists. Id. The Commission's notice of investigation named as the sole
respondent HP Inc. of Palo Alto, California (``HP''). Id. The Office of
Unfair Import Investigations is not participating in the investigation.
Id.
On July 27, 2023, and August 25, 2023, the ALJ issued Order No. 20
and Order No. 23, respectively, granting VideoLabs' motions to
terminate the investigation with regards to the '238 patent and the
'878 patent. Order No. 20 (July 11, 2023), unreviewed by Comm'n Notice
(July 27, 2023); Order No. 23 (Aug. 7, 2023), unreviewed by Comm'n
Notice (Aug. 25, 2023). Accordingly, the '542 patent is the sole
remaining patent at issue.
The ALJ held a Markman hearing on June 7, 2023. On September 22,
2023, the ALJ issued Order No. 27, in which the ALJ construed certain
claim terms while reserving construction of other terms until after the
evidentiary hearing due to underlying fact issues. See Order No. 27
(Sept. 22, 2023).
The ALJ held an evidentiary hearing from October 23-26, 2023. The
parties filed their post-hearing opening briefs and replies on November
13, 2023, and November 29, 2023, respectively.
On February 5, 2024, the ALJ issued the final ID in this
investigation, which found no violation of section 337 as to any of the
asserted claims of the '542 patent.
On February 20, 2024, VideoLabs petitioned for review of the final
ID. On February 28, 2024, HP filed a response opposing VideoLabs'
petition.
On March 25, 2024, the Commission determined to extend the date by
which it must determine whether to review the final ID to April 25,
2024.
Having examined the record of this investigation, including the ID,
the petition for review, and the response thereto, the Commission has
determined not to review and thus adopts, the ID's claim construction
findings and the ID's finding that the asserted claims are invalid as
indefinite. Those findings are sufficient to support the ID's ultimate
finding of no violation of section 337, which the Commission also
adopts. Given the finding that the asserted claims are indefinite, the
Commission cannot conduct a complete analysis of the other issues
raised in this investigation, e.g., infringement, obviousness, and
domestic industry. Accordingly, the Commission has determined to review
the remaining findings in the ID and on review take no position on
those findings. This investigation is terminated.
The Commission vote for this determination took place on April 25,
2024.
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: April 25, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-09362 Filed 4-30-24; 8:45 am]
BILLING CODE 7020-02-P
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