80 FR 8685 - Certain Light-Emitting Diode Products and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 32 (February 18, 2015)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 12, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Cree, Inc. of Durham, North Carolina. A supplement to the complaint was filed on January 29, 2015. 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 light-emitting diode products and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,657,236 (``the '236 patent''); U.S. Patent No. 6,885,036 (``the '036 patent''); U.S. Patent No. 6,614,056 (``the '056 patent''); U.S. Patent No. 7,312,474 (``the '474 patent''); U.S. Patent No. 7,976,187 (``the '187 patent''); U.S. Patent No. 8,766,298 (``the '298 patent''); U.S. Patent No. 8,596,819 (``the '819 patent''); and U.S. Patent No. 8,628,214 (``the '214 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges violations of section 337 based upon the importation into the United States, the sale for importation into the United States, and the sale within the United States after importation, of certain light- emitting diodes and components thereof by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8685-8686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03267]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-947]


Certain Light-Emitting Diode Products and Components Thereof 
Institution of Investigation

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 January 12, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Cree, Inc. of Durham, North Carolina. A supplement to the complaint was 
filed on January 29, 2015. 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 light-emitting diode products and components thereof by reason 
of infringement of certain claims of U.S. Patent No. 6,657,236 (``the 
'236 patent''); U.S. Patent No. 6,885,036 (``the '036 patent''); U.S. 
Patent No. 6,614,056 (``the '056 patent''); U.S. Patent No. 7,312,474 
(``the '474 patent''); U.S. Patent No. 7,976,187 (``the '187 patent''); 
U.S. Patent No. 8,766,298 (``the '298 patent''); U.S. Patent No. 
8,596,819 (``the '819 patent''); and U.S. Patent No. 8,628,214 (``the 
'214 patent''), and that an industry in the United States exists as 
required by subsection (a)(2) of section 337. The complaint further 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation into the United States, and the 
sale within the United States after importation, of certain light-
emitting diodes and components thereof by reason of false advertising, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited 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 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 11, 2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 light-emitting diode products and components thereof by reason 
of infringement of one or more of claims 1, 2, 4-6, 8, 11, 12, 14-16, 
20, 23-26, 28, and 32 of the '236 patent; claims 1-7, 9-11, and 13 of 
the '036 patent; claims 1-4, 6, and 10 of the '056 patent; claims 1-3, 
6, 7, and 15-21 of the '474 patent; claims 1-6 and 26-30 of the '187 
patent; claims 1-5 of the '298 patent; claims 1-4, 6-12, 19, 22-28, and 
52-59 of the '819 patent; and claims 7, 8, 14, 15-19, 24, and 25 of the 
'214 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, or the sale of certain 
light-emitting diode products and components thereof by reason of false 
advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States;
    (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: Cree, Inc., 4600 Silicon Drive, Durham, NC 
27703.
    (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:

Feit Electric Company, Inc., 4901 Gregg Road, Pico Rivera, CA 90660.
Feit Electric Company, Inc., Zone B, 2/F, Xinyu Building, No. 17, Huoju 
East Road, Huli District, Xiamen, China.
Unity Opto Technology Co., Ltd., 10th Floor, No. 88-8, Sec. 1, Guangfu 
Road, Sanchong District, New Taipei City 241, Taiwan.
Unity Microelectronics, Inc., 1501 Summit Ave., Suite 10, Plano, Texas 
75074.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade

[[Page 8686]]

Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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(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.

    By order of the Commission.

    Issued: February 12, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-03267 Filed 2-17-15; 8:45 am]
BILLING CODE 7020-02-P