[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Notices]
[Pages 12035-12036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05013]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-Ta-884]
Certain Consumer Electronics With Display and Processing
Capabilities; Notice of Commission Determination To Grant a Joint
Motion To Terminate the Investigation on the Basis of a Settlement
Agreement; 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 determined to grant the joint motion to terminate the
above-captioned investigation based upon a settlement agreement. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. Copies of non-
confidential documents filed in connection with this
[[Page 12036]]
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 contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 25, 2013, based on a complaint filed by Graphics Properties
Holdings, Inc. of New Rochelle, New York (``GPH''), 78 FR 38072 (June
25, 2013). The complaint alleged 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 consumer
electronics with display and processing capabilities by reason of
infringement of certain claims of United States Patent Nos. 6,650,327;
8,144,158; and 5,717,881. The notice of investigation named several
entities as respondents, including Toshiba Corporation of Tokyo, Japan,
and Toshiba America Information Systems, Inc. of Irvine, California
(collectively ``Toshiba''); Toshiba America, Inc. of New York, New York
(``Toshiba America''). The Office of Unfair Import Investigations is a
party to the investigation. The Commission has terminated the
investigation with respect to the remaining respondents. See Notice
(Aug. 16, 2013); Notice (Sept. 13, 2013); Notice (Dec. 20, 2013);
Notice (Mar. 10, 2014); Notice (May 6, 2014). The Commission also later
terminated the investigation in part with respect to certain claims of
the asserted patents. Notice (Mar. 11, 2014); Notice (Apr. 25, 2014).
On August 29, 2014, the presiding administrative law judge issued
his final initial determination (``ID''), finding a violation of
section 337 with respect to Toshiba but finding no violation with
respect to Toshiba America. Toshiba petitioned for review of the final
ID, and the Commission determined to review certain aspects of the
final ID regarding Toshiba. No party, however, petitioned for review of
the final ID's finding regarding Toshiba America, and the Commission
determined not to review that issue. See 79 FR 65698 (Nov. 5, 2014).
On October 30, 2014, the Commission determined to review the final
ID in part with respect to issues of claim construction, validity,
infringement, the domestic industry requirement, and Toshiba's
affirmative defenses of licensing and RAND. 79 FR 65698 (November 5,
2014). The notice of review requested briefing on various issues of
violation, remedy, bonding, and the public interest. Id.
The Commission twice extended the target date for completion of the
investigation to accommodate the parties' settlement negotiations.
Notice (Jan. 9, 2015); Notice (Feb. 4, 2015).
On February 4, 2015, GPH, Toshiba and Toshiba America filed a joint
motion to terminate the investigation based on a settlement agreement
pursuant to Commission Rule Sec. 210.21(b). On February 18, 2015, the
Commission investigative attorney filed a response supporting the joint
motion.
The Commission has determined to grant the joint motion and to
terminate the investigation in its entirety.
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: February 27, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-05013 Filed 3-4-15; 8:45 am]
BILLING CODE 7020-02-P