[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Notices]
[Pages 40745-40746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17303]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-784]
In the Matter of Certain Light-Emitting Diodes and Products
Containing the Same; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that two complaints were filed with the
U.S. International Trade Commission on June 3, 2011, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
OSRAM GmbH of Germany. Both complaints allege 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 lighting-emitting diodes and products containing same by reason
of infringement of certain claims of U.S. Patents. The first complaint
asserts U.S. Patent No. 6,812,500 (``the `500 patent''); U.S. Patent
No. 7,078,732 (``the `732 patent''); U.S. Patent No. 7,126,162 (``the
`162 patent''); U.S. Patent No. 7,345,317 (``the `317 patent''); U.S.
Patent No. 7,629,621 (``the `621 patent''); U.S. Patent No. 6,459,130
(``the `130 patent''); U.S. Patent No. 6,927,469 (``the `469 patent'');
U.S. Patent No. 7,199,454 (``the `454 patent''); and U.S. Patent No.
7,427,806 (``the `806 patent''). The second complaint asserts U.S.
Patent No. 6,849,881 (``the `881 patent''); U.S. Patent No. 6,975,011
(``the `011 patent''); U.S. Patent No. 7,106,090 (``the `090 patent'');
U.S. Patent No. 7,151,283 (``the `283 patent''); and U.S. Patent No.
7,271,425 (``the `425 patent'') as well as the `500 patent, `732
patent, `162 patent, `621 patent, `130 patent, `469 patent, and `454
patent. Each 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 the two
[[Page 40746]]
investigations and, after the investigation, issue an exclusion order
and cease and desist orders.
Letters regarding the possible consolidation of investigations
stemming from these complaints were received on June 21, June 22, and
June 29, 2011.
ADDRESSES: The complaints, 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 Dockets Services, U.S.
International Trade Commission, telephone (202) 205-1802.
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 complaints and
letters received, the U.S. International Trade Commission has decided
to institute two investigations on a partially consolidated basis, and
on July 5, 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 light-
emitting diodes and products containing the same that infringe one or
more of claims 1, 10, and 11 of the `881 patent; claims 1 and 2 of the
`011 patent; claims 1, 6, and 7 of the `090 patent; claims 1-4, 6-8,
11, 17, 19, 22, 24-26, 29, and 32-35 of the `283 patent; and claims 1-
4, 6-9, 16, and 17 of the `425 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: OSRAM GmbH, Hellabrunner Strasse 1, 81543
Munich, Germany.
(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:
LG Electronics, Inc., LG Twin Towers, 20, Yeouido-dong, Yeongdungpo-gu,
Seoul, 150-721, South Korea;
LG Innotek Co., Ltd., Seoul Square 20F, Namdaemunno 5-ga, Jung-gu,
Seoul, 100-714, South Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ
07632;
LG Innotek U.S.A., Inc., 10225 Willow Creek Road, San Diego, CA
92131.
(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.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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 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: July 6, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17303 Filed 7-8-11; 8:45 am]
BILLING CODE 7020-02-P