[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41521-41522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17685]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-786]
In the Matter of Certain Integrated Circuits, Chipsets, and
Products Containing Same Including Televisions; Notice of Institution
of Investigation; Institution of Investigation Pursuant to 19 U.S.C.
1337
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 June 8, 2011, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Freescale Semiconductor, Inc. of Austin, Texas.
[[Page 41522]]
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 integrated
circuits, chipsets, and products containing same including televisions
by reason of infringement of certain claims of U.S. Patent No 5,467,455
(``the `455 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 an 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 (2011).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 7, 2011, 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 integrated
circuits, chipsets, and products containing same including televisions
that infringe one or more of claims 9 and 10 of the `455 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: Freescale Semiconductor, Inc., 6501 William
Cannon Drive West, Austin, TX 78735.
(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:
Funai Electric Co., Ltd., 7-7-1 Nakagaito, Daito, Osaka 574-0013,
Japan.
Funai Corporation, Inc., 201 Route 17, Suite 903, Rutherford, NJ 07070.
MediaTek Inc., No. 1 Dusing Road, Hsinchu Science Park, Hsinchu City,
Taiwan 30078.
Zoran Corporation, 1390 Kifer Road, Sunnyvale, CA 94086.
(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 Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
The Commission notes that issues regarding whether Complainant may
be precluded from asserting its complaint in light of a Commission
decision in a prior investigation involving the same patent may be
present here. In instituting this investigation, the Commission has not
made any determination as to whether Complainant is so precluded.
Accordingly, the presiding administrative law judge may wish to
consider this issue at an early date. Any such decision should be
issued in the form of an initial determination (ID) under Rule
210.42(c), 19 CFR 210.42(c). The ID will become the Commission's final
determination 45 days after the date of service of the ID unless the
Commission determines to review the ID. Any such review will be
conducted in accordance with Commission Rules 210.43, 210.44 and
210.45, 19 CFR 210.43, 210.44, and 210.45.
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(d)-(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: July 8, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17685 Filed 7-13-11; 8:45 am]
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