80 FR 79096 - Certain Consumer Electronics and Display Devices With Graphics Processing and Graphics Processing Units Therein Commission Decision Not To Review the ALJ's Final Initial Determination Finding No Violation of Section 337; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range		79096-79097
FR Document		2015-31816

Notice is hereby given that the U.S. International Trade Commission has determined not to review the final initial determination (ID) issued on October 9, 2015, which found no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)

[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79096-79097]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31816]


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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 Commission Decision 
Not To Review the ALJ's Final Initial Determination Finding No 
Violation of Section 337; Termination of Investigation

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 the final initial determination 
(ID) issued on October 9, 2015, which found no violation of section 337 
of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3427. 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 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 
based on a complaint filed by NVIDIA Corporation of Santa Clara, 
California (NVIDIA). The investigation was 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 U.S. Patent No. 6,198,488 (the '488 patent); 
claims 1 29 of U.S. Patent No. 6,992,667 (the '667 patent); claims 1 5, 
7 19, 21 23, 25 30, 34 36, 38, and 41 43 of U.S. Patent No. 7,038,685 
(the '685 patent); claims 5 8, 10, 12 20, and 24 27 of U.S. Patent No. 
7,015,913 (the '913 patent); claims 7, 8, 11 13, 16 21, 23, 24, 28, and 
29 of U.S. Patent No. 6,697,063 (the '063 patent); claims 1 10, 12, and 
14 of U.S. Patent No. 7,209,140 (the '140 patent); and claims 1 6, 9 
16, and 19 25 of U.S. Patent No. 6,690,372 (the '372 patent), and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337. 79 FR 61338 (Oct. 10, 2014). 
Respondents include Samsung Electronics Co., Ltd. (Republic of Korea); 
Samsung Electronics America, Inc. (Ridgefield Park, NJ); Samsung 
Telecommunications America, LLC (Richardson, TX); Samsung 
Semiconductor, Inc. (San Jose, CA); and Qualcomm, Inc. (San Diego, CA) 
(collectively, Respondents). NVIDIA later withdrew all allegations 
regarding the '488, '667, '913, and '063 patents and some allegations 
regarding the '140, '372, and '685 patents.
    On October 9, 2015, the presiding administrative law judge (ALJ) 
issued his ID finding no violation by Respondents of section 337 with 
respect to the remaining allegations. Specifically, regarding the `140 
patent, the ID concluded: (1) Claim 14 is invalid for obviousness; (2) 
the accused products do not infringe; and (3) there is no domestic 
industry. Regarding the `372 patent, the ID concluded: (1) Claim 23 and 
claim 24 are invalid for anticipation; (2) some of the accused products 
infringe claim 23, but none of the accused products infringe claim 24; 
and (3) there is no domestic industry. Regarding the `685 patent, the 
ID concluded: (1) Neither claim 1 nor claim 15 are invalid for 
anticipation; (2) the accused products do not infringe claim 1 or claim 
15; and (3) there is a domestic industry. The ID additionally found 
that the scope of this investigation is limited to consumer electronics 
and display devices that include graphics processing capabilities and 
that have graphics processing units therein, rejecting NVIDIA's 
argument to include Qualcomm graphics processing units separate and 
apart from the consumer electronic and display devices.
    On October 26, 2015, NVIDIA filed a petition for review of the 
ALJ's findings related to the '372 and '685 patents, and Respondents 
filed a contingent petition for review of the ALJ's findings related to 
the '140 and '685 patents. NVIDIA did not seek review of the ALJ's 
findings related to the '140 patent. On October 30, 2015, the ALJ 
issued his recommended determination on remedy

[[Page 79097]]

and bond. On November 3, 2015, NVIDIA, Respondents, and the Office of 
Unfair Import Investigations filed responses to the petitions and 
contingent petitions. Having examined the record of this investigation, 
including the ID, the petition for review, the contingent petition 
thereto, and the respective responses, the Commission has determined 
not to review the ID.
    On September 24, 2015, NVIDIA filed an Unopposed Motion to 
Terminate the Investigation as to Respondent Samsung Telecommunications 
America, LLC. We have reviewed the motion, and it is granted.
    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 sections 210.42 46 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42 46).

    By order of the Commission.

    Issued: December 14, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-31816 Filed 12-17-15; 8:45 am]
 BILLING CODE 7020-02-P

79096 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

Background INTERNATIONAL TRADE Patent No. 6,992,667 (the ’667 patent);
COMMISSION claims 1 5, 7 19, 21 23, 25 30, 34 36,
On October 28, 2015, TB Wood’s 38, and 41 43 of U.S. Patent No.
Incorporated, Chambersburg, [Investigation No. 337–TA–932]
7,038,685 (the ’685 patent); claims 5 8,
Pennsylvania filed petitions with the 10, 12 20, and 24 27 of U.S. Patent No.
Certain Consumer Electronics and
Commission and Commerce, alleging 7,015,913 (the ’913 patent); claims 7, 8,
Display Devices With Graphics
that an industry in the United States is 11 13, 16 21, 23, 24, 28, and 29 of U.S.
Processing and Graphics Processing
materially injured or threatened with Units Therein Commission Decision Patent No. 6,697,063 (the ’063 patent);
material injury by reason of LTFV Not To Review the ALJ’s Final Initial claims 1 10, 12, and 14 of U.S. Patent
imports of IMTDCs from Canada and Determination Finding No Violation of No. 7,209,140 (the ’140 patent); and
China and subsidized imports of Section 337; Termination of claims 1 6, 9 16, and 19 25 of U.S.
IMTDCs from China. Accordingly, Patent No. 6,690,372 (the ’372 patent),
Investigation
effective October 28, 2015, the and whether an industry in the United
Commission, pursuant to sections 703(a) AGENCY: U.S. International Trade States exists as required by subsection
and 733(a) of the Tariff Act of 1930 (19 Commission. (a)(2) of section 337. 79 FR 61338 (Oct.
U.S.C. 1671b(a) and 1673b(a)), instituted ACTION: Notice. 10, 2014). Respondents include
countervailing duty investigation No. Samsung Electronics Co., Ltd. (Republic
SUMMARY: Notice is hereby given that of Korea); Samsung Electronics
701–TA–550 and antidumping duty
the U.S. International Trade America, Inc. (Ridgefield Park, NJ);
investigation Nos. 731–TA–1304–1305 Samsung Telecommunications America,
Commission has determined not to
(Preliminary). review the final initial determination LLC (Richardson, TX); Samsung
Notice of the institution of the (ID) issued on October 9, 2015, which Semiconductor, Inc. (San Jose, CA); and
Commission’s investigations and of a found no violation of section 337 of the Qualcomm, Inc. (San Diego, CA)
public conference to be held in Tariff Act of 1930, 19 U.S.C. 1337, in (collectively, Respondents). NVIDIA
connection therewith was given by this investigation. later withdrew all allegations regarding
posting copies of the notice in the Office FOR FURTHER INFORMATION CONTACT: Ron the ’488, ’667, ’913, and ’063 patents
of the Secretary, U.S. International Traud, Office of the General Counsel, and some allegations regarding the ’140,
Trade Commission, Washington, DC, U.S. International Trade Commission, ’372, and ’685 patents.
and by publishing the notice in the 500 E Street SW., Washington, DC On October 9, 2015, the presiding
Federal Register of November 3, 2015 20436, telephone (202) 205–3427. administrative law judge (ALJ) issued
Copies of non-confidential documents his ID finding no violation by
(80 FR 67789). The conference was held
filed in connection with this Respondents of section 337 with respect
in Washington, DC, on November 18,
investigation are or will be available for to the remaining allegations.
2015, and all persons who requested the Specifically, regarding the ‘140 patent,
opportunity were permitted to appear in inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the the ID concluded: (1) Claim 14 is invalid
person or by counsel. for obviousness; (2) the accused
Office of the Secretary, U.S.
The Commission made these products do not infringe; and (3) there
International Trade Commission, 500 E
determinations pursuant to sections is no domestic industry. Regarding the
Street SW., Washington, DC 20436,
703(a) and 733(a) of the Tariff Act of ‘372 patent, the ID concluded: (1) Claim
telephone (202) 205–2000.
1930 (19 U.S.C. 1671b(a) and 1673b(a)). 23 and claim 24 are invalid for
General information concerning the
It completed and filed its anticipation; (2) some of the accused
Commission may also be obtained by
determinations in these investigations products infringe claim 23, but none of
accessing its Internet server at http://
on December 14, 2015. The views of the the accused products infringe claim 24;
www.usitc.gov. The public record for
Commission are contained in USITC and (3) there is no domestic industry.
this investigation may be viewed on the
Publication 4587 (December 2015), Regarding the ‘685 patent, the ID
Commission’s electronic docket (EDIS)
concluded: (1) Neither claim 1 nor claim
entitled Certain Iron Mechanical at http://edis.usitc.gov. Hearing-
15 are invalid for anticipation; (2) the
Transfer Drive Components from impaired persons are advised that accused products do not infringe claim
Canada and China: Investigation Nos. information on this matter can be 1 or claim 15; and (3) there is a domestic
701–TA–550 and 731–TA–1304–1305 obtained by contacting the industry. The ID additionally found that
(Preliminary). Commission’s TDD terminal on (202) the scope of this investigation is limited
205–1810. to consumer electronics and display
By order of the Commission.
SUPPLEMENTARY INFORMATION: The devices that include graphics processing
Issued: December 14, 2015.
Commission instituted this investigation capabilities and that have graphics
Lisa R. Barton, based on a complaint filed by NVIDIA processing units therein, rejecting
Secretary to the Commission. Corporation of Santa Clara, California NVIDIA’s argument to include
[FR Doc. 2015–31779 Filed 12–17–15; 8:45 am] (NVIDIA). The investigation was Qualcomm graphics processing units
BILLING CODE 7020–02–P instituted to determine whether there is separate and apart from the consumer
a violation of subsection (a)(1)(B) of electronic and display devices.
section 337 in the importation into the On October 26, 2015, NVIDIA filed a
United States, the sale for importation, petition for review of the ALJ’s findings
mstockstill on DSK4VPTVN1PROD with NOTICES

or the sale within the United States after related to the ’372 and ’685 patents, and
importation of certain consumer Respondents filed a contingent petition
electronics and display devices with for review of the ALJ’s findings related
graphics processing and graphics to the ’140 and ’685 patents. NVIDIA
processing units therein by reason of did not seek review of the ALJ’s findings
infringement of one or more of claims 1, related to the ’140 patent. On October
19, and 20 of U.S. Patent No. 6,198,488 30, 2015, the ALJ issued his
(the ’488 patent); claims 1 29 of U.S. recommended determination on remedy

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Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79097

and bond. On November 3, 2015, Commission should contact the Office written statement (which shall not
NVIDIA, Respondents, and the Office of of the Secretary at 202–205–2000. contain any new factual information)
Unfair Import Investigations filed General information concerning the pertinent to the review by January 5,
responses to the petitions and Commission may also be obtained by 2016. However, should the Department
contingent petitions. Having examined accessing its internet server (http:// of Commerce extend the time limit for
the record of this investigation, www.usitc.gov). The public record for its completion of the final results of its
including the ID, the petition for review, this review may be viewed on the review, the deadline for comments
the contingent petition thereto, and the Commission’s electronic docket (EDIS) (which may not contain new factual
respective responses, the Commission at http://edis.usitc.gov. information) on Commerce’s final
has determined not to review the ID. SUPPLEMENTARY INFORMATION: results is three business days after the
On September 24, 2015, NVIDIA filed Background.—On December 7, 2015, issuance of Commerce’s results. If
an Unopposed Motion to Terminate the the Commission determined that the comments contain business proprietary
Investigation as to Respondent Samsung domestic interested party group information (BPI), they must conform
Telecommunications America, LLC. We response to its notice of institution (80 with the requirements of sections 201.6,
have reviewed the motion, and it is FR 52793, September 1, 2015) of the 207.3, and 207.7 of the Commission’s
granted. subject five-year review was adequate rules. Please be aware that the
The authority for the Commission’s and that the respondent interested party Commission’s rules with respect to
determination is contained in section group response was inadequate.1 The filing have changed. The most recent
337 of the Tariff Act of 1930, as Commission did not find any other amendments took effect on July 25,
amended (19 U.S.C. 1337), and in circumstances that would warrant 2014. See 79 FR 35920 (June 25, 2014),
sections 210.42 46 of the Commission’s conducting a full review.2 Accordingly, and the revised Commission Handbook
Rules of Practice and Procedure (19 CFR the Commission determined that it on E-filing, available from the
210.42 46). would conduct an expedited review Commission’s Web site at http://
By order of the Commission. pursuant to section 751(c)(3) of the edis.usitc.gov.
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). In accordance with sections 201.16(c)
Issued: December 14, 2015.
For further information concerning and 207.3 of the rules, each document
Lisa R. Barton,
the conduct of this review and rules of filed by a party to the review must be
Secretary to the Commission. served on all other parties to the review
general application, consult the
[FR Doc. 2015–31816 Filed 12–17–15; 8:45 am] (as identified by either the public or BPI
Commission’s Rules of Practice and
BILLING CODE 7020–02–P
Procedure, part 201, subparts A and B service list), and a certificate of service
(19 CFR part 201), and part 207, must be timely filed. The Secretary will
subparts A, D, E, and F (19 CFR part not accept a document for filing without
INTERNATIONAL TRADE a certificate of service.
207).
COMMISSION Staff report.—A staff report Authority: This review is being conducted
[Investigation No. 731–TA–125 (Fourth containing information concerning the under authority of title VII of the Tariff Act
Review)] subject matter of the review will be of 1930; this notice is published pursuant to
placed in the nonpublic record on section 207.62 of the Commission’s rules.
Potassium Permanganate From China; December 28, 2015, and made available By order of the Commission.
Scheduling of an Expedited Five-Year to persons on the Administrative Issued: December 14, 2015.
Review Protective Order service list for this Lisa R. Barton,
AGENCY: United States International review. A public version will be issued
Secretary to the Commission.
Trade Commission. thereafter, pursuant to section
[FR Doc. 2015–31809 Filed 12–17–15; 8:45 am]
207.62(d)(4) of the Commission’s rules.
ACTION: Notice. BILLING CODE 7020–02–P
Written submissions.—As provided in
SUMMARY: The Commission hereby gives section 207.62(d) of the Commission’s
notice of the scheduling of an expedited rules, interested parties that are parties
INTERNATIONAL TRADE
review pursuant to the Tariff Act of to the review and that have provided
COMMISSION
1930 (‘‘the Act’’) to determine whether individually adequate responses to the
revocation of the antidumping duty notice of institution,3 and any party [Investigation No. 337–TA–946]
order on potassium permanganate from other than an interested party to the
review may file written comments with Certain Ink Cartridges and
China would be likely to lead to Components Thereof; Commission’s
continuation or recurrence of material the Secretary on what determination the
Commission should reach in the review. Determination to Review an Initial
injury within a reasonably foreseeable Determination in Part and, on Review,
time. Comments are due on or before January
5, 2016 and may not contain new factual To Affirm a Finding of a Violation of
DATES: Effective Date: December 7, information. Any person that is neither Section 337; Request for Written
2015. a party to the five-year review nor an Submissions on Remedy, the Public
FOR FURTHER INFORMATION CONTACT: interested party may submit a brief Interest, and Bonding
Michael Szustakowski ((202) 205–3169), AGENCY: U.S. International Trade
1A record of the Commissioners’ votes, the
Office of Investigations, U.S. Commission.
Commission’s statement on adequacy, and any
mstockstill on DSK4VPTVN1PROD with NOTICES

International Trade Commission, 500 E individual Commissioner’s statements will be ACTION: Notice.
Street SW., Washington, DC 20436. available from the Office of the Secretary and at the
Hearing-impaired persons can obtain Commission’s Web site. SUMMARY: Notice is hereby given that
information on this matter by contacting 2 Chairman Meredith M. Broadbent voted to
the U.S. International Trade
the Commission’s TDD terminal on 202– conduct a full review. Commission has determined to review-
3 The Commission has found the response
205–1810. Persons with mobility submitted by Carus Corporation to be individually
in-part the initial determination (‘‘ID’’)
impairments who will need special adequate. Comments from other interested parties issued by the presiding administrative
assistance in gaining access to the will not be accepted (see 19 CFR 207.62(d)(2)). law judge (‘‘ALJ’’) on October 28, 2015,

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Document Created: 2015-12-18 01:38:28
Document Modified: 2015-12-18 01:38:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3427. 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.
FR Citation		80 FR 79096