[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42136-42137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17966]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-787]
In the Matter of Certain Motion-Sensitive Sound Effects Devices
and Image Display Devices and Components and Products Containing Same
II; Notice of Institution of Investigation; Institution of
Investigation Pursuant to 19 U.S.C. 1337
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 June 13, 2011, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ogma, LLC of Longview, Texas. Supplements to the complaint were filed
on June 17 and 29, 2011. 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 motion-sensitive sound effects devices and image display
devices and components and products containing same by reason of
infringement of certain claims of U.S. Patent No. 6,150,947 (``the '947
patent'') and U.S. Patent No. 5,825,427 (``the '427 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 orders.
ADDRESSES: The complaint and supplements, except for any confidential
information contained therein, are 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 July 11, 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 motion-
sensitive sound effects devices and image display devices and
components and products containing same that infringe one or more of
claims 1, 9, and 19 of the '947 patent or claims 1 and 2 of the '427
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: Ogma, LLC, 3301 W. Marshall Avenue,
Longview, TX 75604.
(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:
3M Company, 3M Center, St. Paul, MN 55144.
Bensussen Deutsch & Associates, Inc., d/b/a Power A, 15525 Woodinville-
Redmond Road, NE., Woodinville, WA 98072.
Casio America, Inc., 570 Mount Pleasant Avenue, Dover, NJ 07801.
Casio Computer Co., Ltd., 6-2, Hon-machi 1-chome, Shibuya-ku, Tokyo
151-8543, Japan.
Christie Digital Systems USA, Inc., 10550 Camden Drive, Cypress, CA
90630.
Eiki International, Inc., 30251 Esperanza, Rancho Santa Margarita, CA
92688.
Intec, Inc., 7600 Corporate Center Dr., Suite 400, Miami, FL 33126.
Mitsubishi Electric Corporation, Tokyo Building, 2-7-3, Marunouchi,
Chiyoda-ku, Tokyo 100-8310, Japan.
Mitsubishi Electric & Electronics USA, Inc., 5665 Plaza Drive, Cypress,
CA 90630.
Optoma Corporation, 5F., No. 108, Minchiuan Road, Shindian City,
Taipei, Taiwan.
Optoma Technology, Inc., 715 Sycamore Drive, Milpitas, CA 95035.
Performance Designed Products LLC, 14144 Ventura Boulevard, Suite 200,
Sherman Oaks, CA 91423.
Planar Systems, Inc., 1195 NW. Compton Drive, Beaverton, OR 97006.
Supersonic, Inc., 6555 Bandini Boulevard, Commerce, CA 90040.
Toshiba Corporation, 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001,
Japan.
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard,
Irvine, CA 92618-1697.
(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 E. James
Gildea is designated as the presiding administrative law judge.
The Commission has determined to assign this investigation to Judge
Gildea, who is the presiding administrative law judge in Certain
Motion-Sensitive Sound Effects Devices and Image Display Devices and
Components and Products Containing Same, Inv. No. 337-TA-773, in view
of the overlapping subject matter in the two investigations. The
presiding administrative law judge is authorized to consolidate Inv.
No. 337-TA-773 and this investigation if he deems it appropriate.
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
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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 13, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17966 Filed 7-15-11; 8:45 am]
BILLING CODE 7020-02-P