[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Notices]
[Pages 38072-38073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15103]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-884]
Certain Consumer Electronics With Display and Processing
Capabilities; Institution of Investigation Pursuant to United States
Code
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 May 17, 2013, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Graphics Properties Holdings, Inc. of New Rochelle, New York. 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 consumer electronics
with display and processing capabilities by reason of infringement of
U.S. Patent No. 6,650,327 (``the '327 patent''); U.S. Patent No.
8,144,158 (``the '158 patent''); and U.S. Patent No. 5,717,881 (``the
'881 patent''). The complaint further alleges that an industry in the
United States exists as required by subsection (a)(2) of section 337. A
letter supplementing the complaint was filed on June 7, 2013.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection
[[Page 38073]]
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 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on ------ , 2013, 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 consumer
electronics with display and processing capabilities by reason of
infringement of one or more of claims 2, 3, 5-8, and 25-31 of the '327
patent; claims 1, 3, 4, and 6-10 of the '158; and claim 1 of the '881
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: Graphics Properties Holdings, Inc., 56
Harrison Street, Suite 203A, New Rochelle, NY 10801-6555.
(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:
Panasonic Corporation, 1006 Oaza Kadoma-shi, Kadoma 571-8501, Osaka,
Japan.
Panasonic Corporation of North America, 1 Panasonic Way, Secaucus, NJ
07094.
Toshiba Corporation, 1-1, Shibaura 1 Chome, Minato-Ku, Tokyo 105-8001,
Japan.
Toshiba America, Inc., 1251 Avenue of the Americas, Suite 4110, New
York, NY 10020.
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard,
Irvine, CA 92618.
Vizio, Inc., 39 Tesla, Irvine, CA 92618.
AmTran Logistics, Inc., 9 Goddard, Irvine, CA 92618.
AmTran Technology Co., Ltd., 17f, 268, Lien Cheng Road, 23553 New
Taipei City, Taiwan.
ZTE Corporation, ZTE Plaza, No. 55, Hi-Tech Road South, Hi-Tech
Industrial Park, Shenzhen 518057, Guangdong, China.
ZTE (USA) Inc. (registered agent), 33 Wood Avenue South, Floor 2,
Iselin, NJ 08830, and 2425 N. Central Expressway 323,
Richardson, TX 75080.
ZTE Solutions, 2425 N. Central Expressway 323, Richardson, TX
75080.
(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 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(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.
Issued: June 20, 2013.
By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-15103 Filed 6-24-13; 8:45 am]
BILLING CODE 7020-02-P