[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34101-34102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14433]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-709]
In the Matter of Certain Integrated Circuits, Chipsets, and
Products Containing Same Including Televisions, Media Players, and
Cameras; Notice of Commission Determination Not To Review a Final
Determination of 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 has determined not to review the final initial determination
(``ID'') issued by the presiding administrative law judge (``ALJ'') on
April 4, 2011, finding no violation of section 337 in the above-
captioned investigation.
FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 708-4737. Copies of non-
confidential documents filed in connection with this investigation are
or will be 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., Washington, DC
20436, telephone (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. 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 March 29, 2010, based on a complaint filed by Freescale
Semiconductor, Inc. of Austin Texas. 75 FR 16837 (Mar. 29, 2010). The
complaint alleged violations of Section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain integrated circuits, chipsets, and products
containing same including televisions, media players, and cameras by
reason of infringement of certain claims of U.S. Patent Nos. 5,467,455
(``the `455 patent''), 5,715,014, and 7,199,306. The complaint, as
amended, named the following respondents: Panasonic Corporation of
Osaka, Japan; Panasonic Corporation of North America of Secaucus, New
Jersey; Funai Electric Co., Ltd. of Osaka, Japan, Funai Corporation,
Inc. of Rutherford, New Jersey Funai (collectively ``Funai''); JVC
Americas Corp. of Wayne, New Jersey; Victor Company of Japan Limited of
Yokohama, Japan; Best Buy Purchasing, LLC, Best Buy.Com, LLC, Best Buy
Stores, L.P., all of Richfield, Minnesota (collectively ``Best Buy'');
B&H Foto & Electronics Corp. of New York, New York; Huppin's Hi-Fi
Photo & Video, Inc. of Spokane, Washington; Buy.com Inc. of Aliso
Viejo, California; QVC, Inc. of West Chester, Pennsylvania; Crutchfield
Corporation of Charlottesville, VA. Only Funai, Best-Buy, and Wal-Mart
remain as respondents, and only the `455 patent is currently at issue.
On April 4, 2011, the presiding ALJ issued a final ID finding no
violation of section 337 by respondents Funai, Best-Buy and Wal-Mart.
The ALJ concluded that none of the accused products infringe the `455
patent because the third-party documents relied on by complainant to
show infringement were entitled to no evidentiary weight. The ALJ
further concluded that otherwise all
[[Page 34102]]
of the elements for proving a violation were shown and that respondents
have not established that the `455 patent is invalid under 35 U.S.C.
102 for anticipation, under 35 U.S.C. 103 for obviousness, or under 35
U.S.C. 112 for failure to comply with the written description
requirement. On April 28, 2011, complainant filed a petition for review
of the ID. On the same day, respondents filed a contingent petition
seeking review only if the Commission otherwise determined to review
the ID.
Having examined the record of this investigation, including the
ALJ's final ID and the submissions of the parties, the Commission has
determined not to review the ID.
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 sections 210.42-46 and 210.50 of the Commission's Rules of Practice
and Procedure (19 CFR 210.42-46 and 210.50).
Issued: June 6, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-14433 Filed 6-9-11; 8:45 am]
BILLING CODE 7020-02-P