[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Page 56736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22339]



[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.


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) 

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 
    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]