Notice2024-20067
Certain Video Processing Devices and Components Thereof; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337 and, on Review, To Affirm the Finding of No Violation; Termination of the Investigation
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Published
September 6, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination ("ID") issued by the presiding administrative law judge ("ALJ") on May 29, 2024, finding no violation of section 337 in the above-referenced investigation and, on review, to affirm the finding of no violation. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
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[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72893-72894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20067]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1343]
Certain Video Processing Devices and Components Thereof; Notice
of a Commission Determination To Review in Part a Final Initial
Determination Finding No Violation of Section 337 and, on Review, To
Affirm the Finding of No Violation; 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 has determined to review in part a final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on May 29, 2024, finding no violation of section 337 in the
above-referenced investigation and, on review, to affirm the finding of
no violation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. 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#1451505d47275c7178645461677d60773a737b62"><span class="__cf_email__" data-cfemail="c184858892f289a4adb181b4b2a8b5a2efa6aeb7">[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 DivX, LLC
(``DivX'') of San Diego, CA. 87 FR 73328 (Nov. 29, 2022). The complaint
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 components thereof
by reason of infringement of claims 1-7 and 10-16 of U.S. Patent No.
11,050,808 (``the '808 patent''); claims 1, 2, and 4 of U.S. Patent No.
8,832,297 (``the '297 patent''); claims 29-32 of U.S. Patent No.
7,295,673 (``the '673 patent''); claims 1-11 of U.S. Patent No.
10,225,588 (``the '588 patent''); and claims 11-13 and 15-17 of U.S.
Patent No. 11,102,553 (``the '553 patent''). Id. The complaint further
alleges that a domestic industry exists. Id. at 62568. The Commission's
notice of investigation named <a href="http://Amazon.com">Amazon.com</a>, Inc. (``Amazon'') of Seattle,
WA and VIZIO, Inc. (``VIZIO'') of Irvine, CA as respondents. Id. The
Office of Unfair Import Investigations is not a party in this
investigation. Id.
DivX's allegations with respect to the '808 patent were terminated
as to respondent Amazon. See Order No. 30 (Aug. 21, 2023), unreviewed
by Comm'n Notice (Sept. 18, 2023).
Respondent VIZIO was terminated from the investigation. See Order
No. 33 (Sept. 11, 2023), unreviewed by Comm'n Notice (Oct. 11, 2023).
DivX's allegations were terminated with respect to claims 12, 13,
15, and 16 of the '553 patent; claims 3, 4, 8, 9, and 10 of the '588
patent; claim 4 of the '297 patent; and claim 31 of the '673 patent.
See Order No. 53 (Dec. 20, 2023), unreviewed by Comm'n Notice (Jan. 9,
2024).
On May 29, 2024, the ALJ issued a final ID on violation of section
337 and
[[Page 72894]]
a recommended determination on remedy and bond. The final ID found that
no violation of section 337 has occurred 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
components thereof by reason of infringement of claims 29, 30, and 32
of the '673 patent; claims 1 and 2 of the '297 patent; claims 1, 2, 5,
6, and 7 of the '588 patent; and claims 11 and 17 of the '553 patent.
The ID found that the accused products do not infringe the asserted
claims of any of the asserted patents. The ID also found that the
domestic industry requirement (both technical and economic prongs) has
not been satisfied with respect to the '673, '297, '588, and '553
patents.
The ID further found that it has not been shown by clear and
convincing evidence that the asserted claims of the '673, '297, '588,
and '553 patents are invalid.
On June 10, 2024, complainant DivX filed ``Complainant DivX, LLC's
Petition for Review of the Initial Determination.'' Likewise, on June
10, 2024, respondent Amazon filed ``Contingent Petition for Review of
May 29, 2024, Initial Determination by Respondent <a href="http://Amazon.com">Amazon.com</a>, Inc.''
Subsequently, on June 18, 2024, DivX filed ``Complainant DivX, LLC's
Response to Contingent Petition for Review of May 29, 2024, Initial
Determination by Respondent <a href="http://Amazon.com">Amazon.com</a>, Inc.,'' and Amazon filed
``Response to Complainant's Petition for Review of May 29, 2024 Initial
Determination by Respondent <a href="http://Amazon.com">Amazon.com</a>, Inc.''
Having examined the record in this investigation, including the
final ID, the petitions for review, and the responses thereto, the
Commission has determined to review in part the ID and, on review, to
affirm the final ID with the following modifications. Specifically, the
Commission has determined to review section IV of the final ID,
JURISDICTION (see ID at 15-16). On review and as discussed more fully
in the Commission Opinions recently issued in Inv. Nos. 337-TA-1355 and
337-TA-1362, the Commission clarifies that the terms ``subject matter
jurisdiction,'' ``personal jurisdiction,'' and ``in rem jurisdiction''
are not necessarily applicable to the Commission's investigative
authority under section 337. See Certain Liquid Transfer Devices with
an Integral Vial Adapter, Inv. No. 337-TA-1362, Comm. Op. at 9 (Jul.
26, 2024); Certain Compact Wallets and Components Thereof, Inv. No.
337-TA-1355, Comm. Op. at 11-12 (Aug. 13, 2024). The Commission is ``a
creature of statute.'' Kyocera v. Int'l Trade Comm'n, 545 F.3d 1340,
1355 (Fed. Cir. 2008). Accordingly, pursuant to its enabling statute,
the Commission has statutory authority to investigate an alleged
violation of section 337 where a complaint alleges that the named
respondents have imported, sold for importation, or sold after
importation articles that, inter alia, infringe a valid and enforceable
U.S. patent. 19 U.S.C. 1337(a)(1)(B). The Commission likewise has
authority over accused products based on their alleged importation,
sale for importation, or sale after importation into the United States.
Second, the Commission has determined to review the economic prong
of domestic industry requirement in its entirety, and on review, affirm
a finding of no domestic industry under modified reasoning.
Specifically, on review, the Commission finds that DivX has failed to
establish a domestic industry based upon the finding that DivX failed
to satisfy the technical prong of the domestic industry requirement for
the Asserted Patents (ID at 39, 47, 69). When a section 337
investigation is based on allegations of patent infringement, the
complainant must show that ``an industry in the United States, relating
to the articles protected by the patent . . . exists or is in the
process of being established.'' 19 U.S.C. 1337(a)(2). Because there are
no articles protected by the Asserted Patents, DivX failed to satisfy
the domestic industry requirement.
The Commission has also determined to review sections VI.D
(validity with respect to the '673 patent, ID at 47-53); VII.D
(validity with respect to the '297 patent, ID at 69-84); VIII.D
(validity with respect to the '553 patent, ID at 101-104); IX.D
(validity with respect to the '588 patent, ID at 116-121), and X
(Amazon's defenses, ID at 121-127), and on review, the Commission takes
no position. See Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed.
Cir. 1984).
Finally, the Commission notes a typographical error in the third
sentence on page 1 of the final ID. The Commission interprets that
sentence to mean:
The complaint alleges a violation 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 video
processing devices and components thereof by reason of the
infringement of certain claims of U.S. Patent Nos. 8,832,297 (the ``
'297 patent''); 7,295,673 (the `` '673 patent''); 10,225,588 (the ``
'588 patent''); 11,102,553 (the `` '553 patent''); and 11,050,808
(``the '808 patent'').
The Commission has determined not to review the remainder of the
ID, including the ID's finding of no violation of section 337 in this
investigation.
The investigation is hereby terminated.
The Commission vote for this determination took place on August 30,
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: August 30, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-20067 Filed 9-5-24; 8:45 am]
BILLING CODE 7020-02-P
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