Notice2024-22187
Certain Smart Televisions; Notice of Institution of Investigation
Primary source
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Published
September 27, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 22, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of Japan. A letter supplementing the complaint was filed on September 10, 2024. The complaint, as supplemented, 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 smart televisions by reason of the infringement of certain claims of U.S. Patent No. 8,549,109 ("the '109 patent"); U.S. Patent No. 11,451,860 ("the '860 patent"); U.S. Patent No. 11,924,502 ("the '502 patent"); and U.S. Patent No. 10,958,971 ("the '971 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 limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79307-79308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22187]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1420]
Certain Smart Televisions; 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 August 22, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Maxell, Ltd. of
Japan. A letter supplementing the complaint was filed on September 10,
2024. The complaint, as supplemented, 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 smart televisions by reason of the infringement of certain
claims of U.S. Patent No. 8,549,109 (``the '109 patent''); U.S. Patent
No. 11,451,860 (``the '860 patent''); U.S. Patent No. 11,924,502 (``the
'502 patent''); and U.S. Patent No. 10,958,971 (``the '971 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 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#c287868b91f18aa7aeb282b7b1abb6a1eca5adb4"><span class="__cf_email__" data-cfemail="7a3f3e332949321f160a3a0f09130e19541d150c">[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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 23, 2024, 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
claim 4 of the '109 patent; claims 7-11 of the '860 patent; claims 1,
4, 6, 11, 12, 15, 17, and 22 of the '502 patent; and claim 1 of the
'971 patent, and whether an
[[Page 79308]]
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 ``televisions with
smart features and functionality'';
(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 complainant is: Maxell, Ltd., 1. Koizumi, Oyamazaki,
Oyamazaki-cho, Otokuni-gun, Kyoto, 618-8525 Japan.
(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:
TCL Electronics Holdings Ltd. (f/k/a TCL, Multimedia Technology
Holdings, Ltd.), 7th Floor, Building 22E, 22 Science Park East Avenue,
Hong Kong Science Park, Shatin, New Territories, Hong Kong
TCL Industries Holdings Co., Ltd., 22nd Floor, TCL Technical Tower,
Huifeng 3 Road, Zhongkai Development, Zone Huizhou, Guangdong, China,
516006
T.C.L. Industries Holdings (H.K.) Limited, 8th Floor, Building 22E,
Phase Three, Hong Kong Science Park, Pak Shek Kok, New Territories,
Hong Kong
TTE Technology, Inc. (d/b/a TCL North America), 1860 Compton Avenue,
Corona, CA 92881
TTE Corporation, 7th Floor, Building 22E, 22 Science Park East Avenue,
Hong Kong Science Park, Shatin, New Territories, Hong Kong
TCL King Electrical Appliances, (Huizhou) Co. Ltd., No. 78, Huifeng 4
Road, Zhongkai Development Zone Huizhou, China, 516006
Manufacturas Avanzadas S.A. de C.V., Blvd. Independecia No. 2151,
Ciudad Juarez, Chihuahua, 32580, Mexico
TCL Smart Device (Vietnam) Co., Ltd., No. 26 VSIP II-A, Street 32,
Vietnam Singapore Industrial Park II-A, Tan Binh Commune, Bac Tan Uyen
District, Binh Duong Province, 75000, Vietnam
Shenzhen TCL New Technology Co., Ltd., 9th Floor, TCL Electronics
Holdings Limited Building, TCL International E City, No. 1001 Zhongshan
Park Road, Nanshan, China, 518067
TCL Optoelectronics Technology (Huizhou) Co., Ltd., No. 78, Huifeng 4
Road, Zhongkai Development Zone Huizhou, China, 516006
TCL Overseas Marketing Ltd., 5th Floor, Building 22E, 22 Science Park
East Avenue, Hong Kong Science Park, Shatin, New Territories, Hong Kong
TCL Technology Group Corporation, (f/k/a TCL Corp.), TCL Technology
Building, No. 17, Huifeng Third Road, Zhongkai High-Tech Development
Zone, Huizhou, Guangdong, China 516001
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) 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: September 24, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-22187 Filed 9-26-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 27, 2024.
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