[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Pages 16532-16533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05993]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-820]
Certain Products Containing Interactive Program Guide and
Parental Controls Technology; Commission Determination Not To Review an
Initial Determination Terminating the Investigation Based Upon a
Settlement Agreement; 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 presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 58)
terminating the investigation based upon a settlement agreement in the
above captioned investigation.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2392. 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 December 21, 2011, based on a complaint filed by Rovi Corporation of
Santa Clara, California; Rovi Guides, Inc. (f/k/a/Gemstar-TV Guide
International Inc.) of Santa Clara, California; United Video
Properties, Inc. of Santa Clara, California; Gemstar Development
Corporation of Santa Clara, California; and Index Systems, Inc. of
Tortola, the British Virgin Islands (collectively, ``Rovi''). 76 FR
79214-5 (Dec. 21, 2011). The complaint alleged violations of Section
337 of the Tariff Act of 1930, as amended, 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 products
containing interactive program guide and parental controls technology
by reason of infringement of certain claims of U.S. Patent Nos.
7,493,643; RE41,993; 6,701,523; and 7,047,547. The notice of
investigation named Vizio, Inc. of Irvine, California (``Vizio'');
Haier Group Corp. of Shandong, China (``HGC''); and Haier America of
New York, New York (``Haier America'') as respondents. The Office of
Unfair Import Investigations was also named as a party, but later
decided not to participate in the investigation under the Commission's
Supplement to the Strategic Human Capital Plan 2009-2013. Commission
Investigative Staff's Notice of Nonparticipation (Jan. 6, 2012). The
Commission later terminated the investigation as to Haier America and
HGC based on consent orders. Notice (June 18, 2012) (Order No. 18);
Notice (June 18, 2012) (Order No. 19).
On January 4, 2013, Rovi and Vizio jointly filed a motion to
terminate the investigation based upon a settlement agreement. Rovi and
Vizio filed public and confidential versions of the motion to terminate
and the settlement agreement. On January 8, 2013, the ALJ granted the
motion as an ID (Order No. 56). On January 29, 2013, the Commission
determined to review the ID and found that the public version of the
settlement agreement did not comply with Commission Rules 210.21(b)(1)
and 201.6. Accordingly, the Commission remanded the investigation to
the ALJ to require Rovi and Vizio to file a renewed motion to terminate
along with public and confidential versions of the settlement agreement
that comply with Commission rules.
In response to the Commission's January 29, 2013 Order, Rovi and
Vizio jointly filed a renewed motion to terminate the investigation
based upon a settlement agreement on February 13, 2013, that included a
fully unredacted confidential version of the settlement agreement and a
lightly redacted public version. On February 19, 2013, the ALJ issued
the subject ID (Order No. 58) granting the motion. The ALJ found that
termination would be in the public interest.
[[Page 16533]]
No petitions for review of the ID were filed. 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 section 210.42-46 of the Commission's Rules of Practice and
Procedure (19 CFR 210.42-46).
By order of the Commission.
Issued: March 11, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-05993 Filed 3-14-13; 8:45 am]
BILLING CODE 7020-02-P