[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56201-56202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22824]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1044]
Certain Graphics Systems, Components Thereof, and Consumer
Products Containing the Same; Commission Determination To Institute a
Modification Proceeding; Modification of the Limited Exclusion Order;
and Termination of the Proceeding
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 institute a modification proceeding. The
Commission has further determined to grant a joint petition to modify
in part a limited exclusion order (``LEO'') as to
[[Page 56202]]
respondents MediaTek Inc. of Hsinchu City, Taiwan and Media Tek USA
Inc. of San Jose, California (collectively, ``MediaTek'') based on a
settlement agreement. The Commission has issued a modified LEO. The
modification proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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 https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://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 Investigation No.
337-TA-1044 on March 22, 2017, based on a complaint filed by
Complainants Advanced Micro Devices, Inc. of Sunnyvale, California and
ATI Technologies ULC of Canada (collectively, ``AMD'' or
``Complainants''). See 82 FR 14748 (Mar. 22, 2017). The complaint, as
amended, alleges violations of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337), based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain graphics systems, components thereof, and
consumer products containing the same, by reason of infringement of
certain claims of U.S. Patent Nos. 7,633,506 (``the '506 patent);
7,796,133; 8,760,454; and 9,582,846. Id. In addition to MediaTek, the
notice of investigation identifies the following respondents: LG
Electronics, Inc. of Seoul, Republic of Korea; LG Electronics U.S.A.,
Inc. of Englewood Cliffs, New Jersey; and LG Electronics MobileComm
U.S.A. Inc. of San Diego, California (collectively, ``LG''); VIZIO,
Inc. of Irvine, California (``VIZIO''); and Sigma Designs, Inc.
(``SDI'') of Fremont, California. See id. The Office of Unfair Import
Investigations (``OUII'') is also a party to the investigation. The
Commission later terminated the investigation as to LG based on
settlement. See Order No. 48 (Oct. 20, 2017), unreviewed, Comm'n Notice
(Nov. 13, 2017).
On April 13, 2018, the Administrative Law Judge (``ALJ'') issued a
final initial determination (``FID'') finding a violation of section
337 with respect to the '506 patent. On August 22, 2018, the Commission
affirmed with modification the FID's findings. See 83 FR 43899 (Aug.
28, 2018). The Commission issued an LEO against respondents' infringing
products and cease and desist orders (``CDOs'') against VIZIO and SDI.
See id.
On September 11, 2018, Complainants and VIZIO filed a joint
petition to modify in part the LEO as to VIZIO and to rescind the CDO
against VIZIO, based on a settlement agreement. On October 5, 2018, the
Commission granted the joint petition and issued a modified LEO. See 83
FR 51500 (Oct. 11, 2018).
On September 19, 2019, Complainants and MediaTek filed a joint
petition (``Petition'') to modify in part the LEO as to MediaTek based
on a settlement agreement. The Petition states that ``[p]ursuant to
this settlement, all MediaTek articles currently covered by the
Commission's Modified Limited Exclusion Order are now licensed.'' See
Petition at 2. On September 30, 2019, OUII filed a response in support
of the Petition.
In view of the settlement agreement between Complainants and
MediaTek, the Commission finds that the conditions justifying the
exclusion order against MediaTek no longer exist, and therefore,
granting the joint petition is warranted under 19 U.S.C. 1337(k) and 19
CFR 210.76(a). Accordingly, the Commission has determined to institute
a modification proceeding and to grant the joint petition to modify in
part the LEO as to MediaTek. The Commission has issued a modified LEO.
The modification proceeding is terminated.
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: October 15, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-22824 Filed 10-18-19; 8:45 am]
BILLING CODE 7020-02-P