[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Notices]
[Page 61338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24201]
[[Page 61338]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-932]
Certain Consumer Electronics and Display Devices With Graphics
Processing and Graphics Processing Units Therein: Notice of Institution
of Investigation
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 September 4, 2014, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
NVIDIA Corporation of Santa Clara, California. A supplement to the
complaint was filed on September 22, 2014. 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 and display devices
with graphics processing and graphics processing units therein by
reason of infringement of certain claims of U.S. Patent No. 6,198,488
(``the `488 patent''); U.S. Patent No. 6,992,667 (``the `667 patent'');
U.S. Patent No. 7,038,685 (``the `685 patent''); U.S. Patent No.
7,015,913 (``the `913 patent''); U.S. Patent No. 6,697,063 (``the `063
patent''); U.S. Patent No. 7,209,140 (``the `140 patent''); and U.S.
Patent No. 6,690,372 (``the `372 patent''). The complaint further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337.
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 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 (2014).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 6, 2014, 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 and display devices with graphics processing and graphics
processing units therein by reason of infringement of one or more of
claims 1, 19, and 20 of the `488 patent; claims 1-29 of the `667
patent; claims 1-5, 7-19, 21-23, 25-30, 34-36, 38, 41-43 of the `685
patent; claims 5-8, 10, 12-20 and 24-27 of the `913 patent; claims 7,
8, 11-13, 16-21, 23, 24, 28, and 29 of the `063 patent; claims 1-10,
12, and 14 of the `140 patent; and claims 1-6, 9-16, and 19-25 of the
`372 patent, and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(1),
(f)(1), (g)(1);
(3) 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:
NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, CA 95050.
(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:
Samsung Electronics Co., Ltd., 1320-10 Seocho 2-dong, Seocho-gu, Seoul
137-965, Republic of Korea.
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park,
NJ 07660.
Samsung Telecommunications America, LLC, 1301 Lookout Drive,
Richardson, TX 75802.
Samsung Semiconductor, Inc., 3655 North First Street, San Jose, CA
95134.
Qualcomm, Inc., 5775 Morehouse Drive, San Diego, CA 92121.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) 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.
By order of the Commission.
Issued: October 6, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-24201 Filed 10-9-14; 8:45 am]
BILLING CODE 7020-02-P