[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Notices]
[Pages 73563-73564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29115]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-878]
Certain Electronic Devices Having Placeshifting or Display
Replication Functionality and Products Containing Same; Issuance of a
Limited Exclusion Order and Cease and Desist Orders Against Respondents
Found in Default; 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 issued (1) a limited exclusion order against infringing
electronic devices and products of respondents Monsoon Multimedia, Inc.
of San Mateo, California (``Monsoon'') and C2 Microsystems, Inc. of San
Jose, California (``C2 Microsystems'') (collectively ``the Defaulting
Respondents''); and (2) cease and desist orders directed against the
Defaulting Respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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
[[Page 73564]]
contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 17, 2013, based on a complaint filed on behalf of Sling Media,
Inc. of Foster City, California (``Sling'') on March 12, 2013. 78 FR
22899 (April 17, 2013). The complaint alleged 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. 7,877,776 (``the
'776 patent''); 8,051,454 (``the '454 patent''); 8,060,909 (``the '909
patent''); 7,725,912 (``the '912 patent''); 8,266,657 (``the '657
patent''); and 8,365,236 (``the '236 patent''). The notice of
investigation named the Defaulting Respondents and Belkin
International, Inc. of Playa Vista, California (``Belkin''), as
respondents. The Office of Unfair Import Investigations is not
participating as a party in this investigation.
On May 20, 2013, complainant Sling and respondent Belkin jointly
filed a motion to terminate the investigation as to Belkin based on a
settlement agreement. On June 5, 2013, the ALJ issued an initial
determination (``ID'') granting the motion. See Order No. 4 (June 5,
2013). On July 5, 2013, the Commission determined not to review the ID
terminating Belkin from the investigation.
On June 11, 2013, the ALJ ordered Monsoon to show cause by June 26,
2013, why it should not be held in default for failing to respond to
the Complaint and Notice of Investigation. See Order No. 5 (June 11,
2013). On June 26, 2013, Monsoon did not respond to the show cause
order, and instead moved to terminate the investigation based on a
consent order. On July 8, 2013, the ALJ issued an ID, finding Monsoon
to be in default for failing to respond to the show cause order. See
Order No. 7 (July 8, 2013). The ALJ found that Monsoon's motion to
terminate on consent was defective and did not respond to the show
cause order. Id. On July 15, 2013, Monsoon filed a contingent petition
for review on the grounds that the ID affects Commission policy. The
petition argued that the default finding should be reversed or remanded
because Commission policy favors consent orders over default judgments.
Additionally, the petition argued that Monsoon believed that its motion
to terminate the investigation rendered the show cause order moot. On
July 22, 2013, Sling opposed Monsoon's petition. On August 7, 2013, the
Commission determined not to review the ID finding Monsoon in default.
On July 11, 2013, the ALJ ordered C2 Microsystems to show cause by
July 25, 2013, why it should not be held in default for failing to
respond to the Complaint and Notice of Investigation. See Order No. 9
(July 11, 2013). No response to Order No. 9 was filed. On July 29,
2013, the ALJ issued an ID, finding C2 Microsystems to be in default
under Commission Rule 210.16. See Order No. 11 (July 29, 2013). On
August 15, 2013, the Commission determined not to review the ID finding
C2 Microsystems in default. 78 FR 52211 (Aug. 22, 2013). The Commission
requested briefing from the parties and the public on the issues of
remedy, the public interest, and bonding. On August 30, 2013, Sling
filed responsive briefing, and submitted a proposed limited exclusion
order and proposed cease and desist orders against Monsoon and C2
Microsystems. No other responses to the Commission notice were
received.
The Commission finds that the statutory requirements of section
337(g) (19 U.S.C. 1337(g)) and Commission rule 210.16(a) (19 CFR
210.16(a)) are met with respect to the Defaulting Respondents.
Accordingly, pursuant to section 337(g)(1) (19 U.S.C. 1337(g)(1)) and
Commission rule 210.16(c) (19 CFR 210.16(c)), the Commission presumes
the facts alleged in the complaint to be true and finds that Monsoon
and C2 Microsystems are in violation of section 337.
The Commission has determined that the appropriate form of relief
in this investigation is a limited exclusion order prohibiting the
unlicensed entry of electronic devices having placeshifting or display
replication functionality and products containing the same that are
manufactured abroad by or on behalf of, or imported by or on behalf of,
the Defaulting Respondents by reason of infringement of one or more of
claims 18-24, 26, 28-30, 32-40, 42, and 43 of the '776 patent; claims
7, 9-12, 14, 15, and 17 of the '909 patent; claims 1, 2, 4, and 6-20 of
the '454 patent; claims 58-68, 70, 71, 73, 74, 103, 104, 106, and 108
of the '912 patent; claim 81 of the '657 patent; and claims 1-8 and 15-
20 of the '236 patent. The Commission has also determined to issue
cease and desist orders directed against Monsoon and C2 Microsystems,
which prohibit, inter alia, the importation, sale, advertising,
marketing, and distribution of covered products in the United States by
the Defaulting Respondents. The Commission has further determined that
the public interest factors enumerated in section 337(f)(1) and (g)(1)
(19 U.S.C. Sec. Sec. 1337(f)(1), (g)(1)) do not preclude issuance of
the remedial orders. Finally, the Commission has determined that the
bond for importation during the period of Presidential review shall be
in the amount of 100 percent of the entered value of the imported
subject articles of the Defaulting Respondents. The Commission's order
was delivered to the President and the United States Trade
Representative on the day of its issuance.
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: December 2, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-29115 Filed 12-5-13; 8:45 am]
BILLING CODE 7020-02-P