[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Page 23591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09184]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-828]
Certain Video Displays and Products Using and Containing Same;
Investigations: Terminations, Modifications and Rulings
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 to terminate the above-captioned based on a
settlement agreement between the parties. The investigation is
terminated in its entirety, and the initial determination previously
under review by the Commission is set aside.
FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-2661. 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 (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 February 21, 2012, based on a complaint filed by Mondis Technology,
Inc., of London, England (``Mondis''). 77 FR 9964 (Feb. 21, 2012). The
complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337) (``section 337''), by reason of
infringement of U.S. Patent Nos. 6,247,090 and 7,089,342. The notice of
investigation names Chimei Innolux Corporation of Taiwan and Innolux
Corporation of Austin, Texas (collectively, ``Innolux''), as the only
respondents.
On August 1, 2012, the presiding administrative law judge (``ALJ'')
granted a motion by Innolux for summary determination of no violation
of section 337 and issued an initial determination (``ID'') terminating
the investigation (Order No. 9). The ALJ held that an ongoing royalty
order issued by the U.S. District Court for the Eastern District of
Texas constitutes a license authorizing Innolux to practice the
inventions and accordingly there can be no violation of section 337.
On August 16, 2012, Mondis filed a petition for the Commission to
review the ID. On October 16, 2012, the Commission issued a notice
stating that it had determined to review the ID.
On March 14, 2013, while the Commission was reviewing the ID,
Mondis and Innolux filed a joint motion to terminate the investigation
based on a settlement agreement between Mondis and Innolux. On March
25, 2013, the IA filed a response supporting termination.
The Commission has determined that the motion to terminate the
investigation based on a settlement agreement complies with Commission
Rule 210.21 (19 CFR 210.21). The Commission has further determined that
terminating the investigation based on the settlement agreement between
Mondis and Innolux is not contrary to the public interest. Accordingly,
the Commission has determined to grant the joint motion and terminate
the investigation in its entirety.
The issues under review by the Commission in relation to the
summary determination ID (Order No. 9) are now moot in view of the
parties' settlement. Since the ID was under review by the Commission
and the Commission has terminated the investigation based on a
settlement agreement during the period of review, the ID does not
constitute a Commission determination and is hereby set aside. See
Commission Rule 210.45(c) (19 CFR 210.45(c)).
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: April 15, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-09184 Filed 4-18-13; 8:45 am]
BILLING CODE 7020-02-P