[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Page 56736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22339]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-882]
Certain Digital Media Devices, Including Televisions, Blu-Ray
Disc Players, Home Theater Systems, Tablets and Mobile Phones,
Components Thereof and Associated Software; Commission Determination
not to Review an Initial Determination Granting Intervenor Status to
Google, Inc.
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 an initial determination
(``ID'') (Order No. 17) issued by the presiding administrative law
judge (``ALJ'') on August 19, 2013, granting intervenor status to
Google, Inc.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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 May 7, 2013, based on a complaint filed by Black Hills Media, LLC
(``BHM''). 78 FR 29156-57. The complaint alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section
337''), in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain digital media devices, including televisions, blu-ray disc
players, home theater systems, tablets and mobile phones, components
thereof and associated software, by reason of infringement of certain
claims of U.S. Patent Nos. 6,618,593; 8,028,323; 8,045,952; 8,050,652;
8,214,873; and 8,230,099. The Commission's notice of investigation
named as respondents several Samsung, LG, Panasonic, Toshiba, and Sharp
entities.
On July 26, 2013, Google, Inc. (``Google'') moved to intervene in
the investigation, stating that it had a compelling interest in this
investigation because the complaint's claim charts relied upon the
functionality of Google's software as incorporated on respondents'
products, and Google has an interest in the continued importation and
sale of products utilizing Google's software. Google further argued
that the respondents would not adequately protect Google's interest
because respondents would likely focus on defending their own accused
products, rather than defend Google's software. The respondents all
supported Google's proposed intervention.
On August 5, 2013, Staff opposed Google's motion, assuming that
BHM, by opposing intervention, had chosen not to rely upon Google's
products in this investigation. Staff stated that it would likely
support intervention if BHM's opposition did not disclaim reliance on
Google products. Later that day, BHM opposed Google's motion, arguing
that the motion was untimely, that Google failed to identify an
adequate interest, and that Google's interests were adequately
represented by the respondents. BHM did not disclaim reliance upon
Google products. Staff then supported Google's motion. See Prehearing
Tr. at 38-40.
On August 19, 2013, the ALJ issued the subject ID granting
intervenor status to Google. The ALJ found that Google's motion was
timely. The ALJ further found that Google has an interest in protecting
its products from the allegations presented in BHM's claim charts, and
that the disposition of this investigation may as a practical matter
impair Google's ability to protect that interest. The ALJ also
determined that respondents may not adequately represent Google's
interest. The ALJ also found that the investigation was in the early
stages of discovery, so Google's intervention would not cause undue
delay or prejudice the original parties' rights. No petitions for
review of the subject ID were filed.
The Commission has determined not to review the subject 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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Dated: September 10, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-22339 Filed 9-12-13; 8:45 am]
BILLING CODE 7020-02-P