[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Page 14045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5637]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-801]
Certain Products Containing Interactive Program Guide and
Parental Controls Technology; Modification of Initial Determination and
Termination of 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 on review to modify the presiding
administrative law judge's (``ALJ'') initial determination (``ID'')
(Order No. 5) granting a joint motion by Complainants Rovi Corporation,
Rovi Guides, Inc. (f/k/a Gemstar-TV International Inc.), United Video
Properties, Inc., and Gemstar Development Corporation, all of Santa
Clara, California (collectively ``Rovi'') and Respondents Sharp
Corporation of Osaka, Japan, Sharp Electronics Corporation of Mahwah,
New Jersey and Sharp Manufacturing Company of America, Inc. of Mahwah,
New Jersey (collectively ``Sharp'') for termination of the
investigation in its entirety based on a settlement agreement. On
review, the Commission has modified the ID by further basing it on the
final detailed agreement submitted by the parties.
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3104. 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 August 31, 2011, based on a complaint filed by Rovi. 76 FR 54253
(Aug. 31, 2011). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of
infringement of certain claims of U.S. Patent Nos. 6,305,016;
7,493,643; and RE41,993.
On September 30, 2011, Rovi and Sharp filed a joint motion to
terminate the investigation in its entirety based upon a settlement
agreement. On October 4, 2011, the ALJ issued the subject ID (Order No.
5) granting the motion for termination of the investigation in its
entirety. In the subject ID, the ALJ found that the parties satisfied
all the requirements under 19 CFR 210.21(b)(1), including a statement
that the parties have no other agreements concerning the subject matter
of this investigation. The ALJ noted that the settlement agreement
contemplates the execution of a more detailed agreement by October 30,
2011, but he found that the possibility of further agreements between
the parties did not affect his initial determination to grant the joint
motion for termination. No petitions for review were filed.
The Commission determined to review the ID on its own motion and
required Rovi and Sharp to submit their detailed final agreement, so
that the Commission could fully assess compliance with the requirements
of 19 CFR 210.21(b)(1) and 210.50(b)(2). The parties filed their final
agreement with the Commission on January 13, 2012. Upon consideration
of that document, the Commission has determined that the parties' joint
motion for termination complies with Sec. Sec. 210.21(b)(1) and
210.50(b)(2). Accordingly, the Commission has modified the ALJ's ID to
include a consideration of the final agreement.
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 section 210.45 of the Commission's Rules of Practice and Procedure
(19 CFR 210.45).
Issued: March 5, 2012.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-5637 Filed 3-7-12; 8:45 am]
BILLING CODE 7020-02-P