[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42728-42729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18047]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-789]
In the Matter of Certain Digital Televisions and Components
Thereof; 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 16, 2011, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Vizio, Inc. of Irvine, California. Letters supplementing the complaint
were filed on June 29 and July 6, 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 digital televisions and components thereof
by reason of infringement of certain claims of U.S. Patent No.
5,511,096 (``the `096 patent''); U.S. Patent No. 5,621,761 (``the `761
patent''); U.S. Patent No. 5,703,887 (``the `887 patent''); U.S. Patent
No. 5,745,522 (``the `522 patent''); and U.S. Patent No. 5,511,082
(``the `082 patent''). The complaint further alleges that an industry
in the United States exists or is in the process of being established
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, 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
[[Page 42729]]
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 13, 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 digital
television and components thereof that infringe one or more of claims
22-25 of the `096 patent; claim 11 of the `761 patent; claims 22 and 23
of the `887 patent; claims 1-15 of the `522 patent; and claim 1 of the
`082 patent, and whether an industry in the United States exists or is
in the process of being established 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: Vizio, Inc., 39 Tesla, Irvine, CA 92618.
(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:
Coby Electronics Corp., 1991 Marcus Avenue, Suite 301, Lake Success, NY
11042;
Curtis International Ltd., 315 Attwell Drive, Etobicoke, Ontario M9W
5C1, Canada;
E&S International Enterprises, Inc., d/b/a Viore, 7801 Hayvenhurst
Avenue, Van Nuys, CA 91406;
MStar Semiconductor, Inc., 4F-1, No. 26, Tai-Yuan St., ChuPei Hsinchu
Hsien, Taiwan 302;
ON Corp US, Inc., 4370 La Jolla Village Drive, Suite 400, San Diego, CA
92122;
Renesas Electronics Corporation, 1753 Shimonumabe, Nakahara-Ku,
Kawasaki, Kanagawa 211-8668, Japan;
Renesas Electronics America, Inc., 2880 Scott Boulevard, Santa Clara,
CA 95050-2554;
Sceptre, Inc., 16800 East Gale Avenue, City of Industry, CA 91745;
Westinghouse Digital, LLC, 500 North State College Boulevard, Suite
1300, Orange, CA 92868.
(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 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. 2011-18047 Filed 7-18-11; 8:45 am]
BILLING CODE 7020-02-P