[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Notices]
[Pages 32373-32374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13854]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-774]
In the Matter of Certain Electronic Devices Having a Digital
Television Receiver and Components Thereof; Notice of Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 29, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Zenith Electronics LLC of Lincolnshire, Illinois. 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 electronic devices having a digital
television receiver and components thereof by reason of infringement of
certain claims of U.S. Patent No. 5,598,220 (``the `220 patent''); U.S.
Patent No. 5,629,958 (``the `958 patent''); and U.S. Patent No.
5,636,251 (``the `251 patent''). The complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW., Room 112,
Washington, DC 20436, telephone 202-205-2000. 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 http://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2011).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 26, 2011, 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 electronic
devices having a digital television receiver and components thereof
that infringe one or more of claims 65 and 66 of the `220 patent;
claims 9-12 of the `958 patent; and claims 1, 2, 4-7, and 10 of the
`251 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) 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:
Zenith Electronics LLC, 2000 Millbrook Drive, Lincolnshire, IL 60069.
(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:
Sony Corporation, 7-1 Konan 1-Chome, Minato-ku, Tokyo, 108-0075, Japan.
Sony Corporation of America, 550 Madison Avenue, New York, NY 10022.
Sony Electronics, Inc., 16530 Via Esprillo, San Diego, CA 92127.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern, 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(d)-(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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
[[Page 32374]]
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: May 31, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-13854 Filed 6-3-11; 8:45 am]
BILLING CODE 7020-02-P