81_FR_10694 81 FR 10654 - Certain Graphics Processing Chips, Systems on a Chip, and Products Containing the Same Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding

81 FR 10654 - Certain Graphics Processing Chips, Systems on a Chip, and Products Containing the Same Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range10654-10656
FR Document2016-04406

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (ID) issued by the presiding administrative law judge (ALJ) on December 22, 2015, finding a violation of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), as to certain asserted patent claims in this investigation.

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10654-10656]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04406]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-941]


Certain Graphics Processing Chips, Systems on a Chip, and 
Products Containing the Same Commission Determination To Review in Part 
a Final Initial Determination Finding a Violation of Section 337; 
Schedule for Filing Written Submissions on the Issues Under Review and 
on Remedy, the Public Interest, and Bonding

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 review in part the final initial 
determination (ID) issued by the presiding administrative law judge 
(ALJ) on December 22, 2015, finding a violation of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), as to certain asserted 
patent claims 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 
on December 30, 2014 based on a complaint filed by Samsung Electronics 
Co., Ltd. of Gyeonggi-do, Republic of Korea; and Samsung Austin 
Semiconductor, LLC of Austin, Texas (collectively, Complainants). 79 FR 
78477-78 (Dec. 30, 2014). The complaint alleges violations of section 
337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain graphics 
processing chips (GPUs), systems on a chip (SoCs), and products 
containing the same by reason of infringement of one or more of claims 
1-4, 6, and 19-21 of U.S. Patent No. 6,147,385 (the '385 patent); claim 
10 of U.S. Patent No. 6,173,349 (the '349 patent); claims 1, 2, 4, 19, 
20, and 22 of U.S. Patent No. 7,056,776 (the '776 patent); and claims 
1-3, 7-9, 12-15, 17, and 19 of U.S. Patent No. 7,804,734 (the '734 
patent), and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337. Id. The notice of 
investigation named the following respondents: NVIDIA Corporation 
(NVIDIA) of Santa Clara, California; Biostar Microtech International 
Corp. of New Taipei, Taiwan; Biostar Microtech U.S.A. Corp. of City of 
Industry, California; Elitegroup Computer Systems Co. Ltd. of Taipei, 
Taiwan; Elitegroup Computer Systems, Inc. of Newark, California; EVGA 
Corp. of Brea, California; Fuhu, Inc. of El Segundo, California; Jaton 
Corp. of Fremont, California; Mad Catz, Inc. of San Diego, California; 
OUYA, Inc. of Santa Monica, California; Sparkle Computer Co., Ltd. of 
New Taipei City, Taiwan; Toradex, Inc. of Seattle, Washington; Wikipad, 
Inc. of Westlake Village, California; ZOTAC International (MCO) Ltd of 
New Territories, Hong Kong; and ZOTAC USA, Inc. of Chino, California 
(collectively, Respondents). Id. The Office of Unfair Import 
Investigations (OUII) is also a party to this investigation. Id.
    On May 1, 2015, the Commission determined not to review an initial 
determination terminating the investigation as to respondent Wikipad, 
Inc. See Notice of Commission Determination Not to Review an Initial 
Determination Terminating the Investigation as to Respondent Wikipad, 
Inc. Based on a Consent Order Stipulation, Consent Order, and 
Settlement Agreement; Issuance of Consent Order (May 1, 2015). On May

[[Page 10655]]

13, 2015, the Commission determined not to review an initial 
determination granting intervention by Taiwan Semiconductor 
Manufacturing Co., Ltd. for a limited purpose. See Notice of Commission 
Determination Not to Review an Initial Determination Granting 
Intervention by Taiwan Semiconductor Manufacturing Co., Ltd. for a 
Limited Purpose (May 13, 2015). On September 17, 2015, the Commission 
determined not to review an initial determination terminating the 
investigation as to respondent ZOTAC International (MCO) Ltd. See 
Notice of Commission Decision Not to Review Two Initial Determinations 
That Terminated the Investigation as to Certain Asserted Patent Claims 
and as to One Respondent (Sept. 17, 2015).
    On July 1, 2015, the Commission determined not to review an initial 
determination terminating the investigation as to the '776 patent. See 
Notice of Commission Determination Not to Review an Initial 
Determination Terminating the Investigation with Respect to U.S. Patent 
No. 7,056,776 (July 1, 2015). On August 13, 2015, the Commission 
determined not to review an initial determination finding that the 
economic prong of the domestic industry requirement has been satisfied. 
See Notice of a Commission Determination Not to Review an Initial 
Determination That the Economic Prong of the Domestic Industry 
Requirement Has Been Satisfied (Aug. 13, 2015). On September 17, 2015, 
the Commission determined not to review an initial determination 
terminating claims 19-21 of the `385 patent and claims 7-9, 12-15, 17, 
and 19 of the '734 patent. See Notice of Commission Decision Not to 
Review Two Initial Determinations That Terminated the Investigation as 
to Certain Asserted Patent Claims and as to One Respondent (Sept. 17, 
2015).
    On December 22, 2015, the ALJ issued his ID. Regarding the `385 
patent, the ID concludes: (1) The accused products infringe claims 1-4 
and 6, ID at 61-91; (2) there is a domestic industry, ID at 93-108; (3) 
claims 1-4 and 6 are not invalid for anticipation, obviousness, or lack 
of written description, ID at 114-64; and (4) NVIDIA's Tegra X1 chip is 
outside the scope of the investigation. ID at 91-93. Regarding the '349 
patent, the ID concludes: (1) Certain accused products infringe claim 
10, ID at 198-235; (2) there is a domestic industry, ID at 235-52; and 
(3) claim 10 is not invalid for anticipation, obviousness, or lack of 
written description, ID at 253-74. Regarding the '734 patent, the ID 
concludes: (1) Certain accused products infringe claims 1 and 3, ID at 
307-35; (2) there is a domestic industry, ID at 336-48; and (3) claims 
1 and 3 are not invalid for anticipation or obviousness. ID at 348-77.
    On January 4, 2016, Respondents and OUII filed petitions for review 
of the ID. On January 5, 2016, the ALJ issued his recommended 
determination on remedy and bonding. On January 12, 2016, Complainants 
and OUII filed responses to the petitions.
    Having examined the record of this investigation, including the 
ALJ's ID, the petitions for review, and the responses thereto, the 
Commission has determined to review the final ID in part. Specifically, 
the Commission has determined to review (1) the ID's construction of 
``mode'' and ``the receiver further configured'' of claim 1 of the '734 
patent; (2) the ID's conclusion that the accused products infringe the 
'734 patent; (3) the ID's conclusion that there is a domestic industry 
for the '734 patent; (4) the ID's conclusion that claim 1 of the '734 
patent is not invalid for anticipation by U.S. Patent No. 7,032,092 
(Lai); (5) the ID's conclusion that claim 3 of the '734 patent is not 
invalid for obviousness over Lai in view of U.S. Patent No. 6,853,213 
(Funaba); (6) whether the accused Tegra X1 products are within the 
scope of the investigation; and (7) whether Complainants proved that 
the AP20 products infringe the '349 patent.
    The parties are requested to brief their positions with reference 
to the applicable law and the evidentiary record. In connection with 
its review, the Commission is particularly interested in responses to 
the following:
    1. With regard to the construction of ``mode'' in claim 1 of the 
'734 patent, please discuss the significance of the repeated use of the 
permissive term ``may'' in the specification. E.g., col. 4, lns. 28-29, 
37-39, 48-51.
    2. With regard to the construction of ``mode'' in claim 1 of the 
'734 patent, please discuss the significance of the recent Federal 
Circuit decision in The Trustees of Columbia University in the City of 
New York v. Symantec Corporation, No. 2015-1146 (Fed. Cir. Feb. 2, 
2016).
    3. With regard to the interpretation of Figure 4 of the '734 
patent, please discuss the significance of the use of the term ``mode 
signal'' in the specification. Col. 5, lns. 13-16, 28-30.
    4. With regard to the construction of ``the receiver further 
configured'' in claim 1 of the '734 patent, please discuss the 
significance of the cases cited in the ID at pages 302-04, and any 
other relevant case law.
    5. With respect to the '734 patent, if the Commission were (1) to 
construe the claim term ``mode'' in claim 1 to mean ``a configuration 
required by the memory-device type''; and (2) to interpret the phrase 
``the receiver further configured'' in claim 1 to require the 
capability of the receiver to operate in one mode or the other, but not 
both, when connected to a particular memory device; please discuss any 
impact this construction may have on the ID's findings and conclusions.
    6. What portion of the accused devices is allegedly covered by the 
asserted claims? Do the patents in question relate to relatively minor 
features of the accused devices?
    7. How would remedial orders barring the entry and further 
distribution of the products alleged to infringe the asserted claims of 
the '385, '349 and/or '734 patents affect the public interest as 
identified in 19 U.S.C. 1337(d)(1) and (f)(1)? The Commission is 
particularly interested in the commercial availability of alternatives 
to the potentially excluded products as well as any differences, 
including qualitative differences, between those alternatives and the 
potentially excluded products.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) 
(Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written

[[Page 10656]]

submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding. Complainants are requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
also requested to state the date that the patents expire and the HTSUS 
numbers under which the accused products are imported. Complainants are 
further requested to supply the names of known importers of the 
products at issue in this investigation. The written submissions and 
proposed remedial orders must be filed no later than close of business 
on March 7, 2016. Reply submissions must be filed no later than the 
close of business on March 14, 2016. Such submissions should address 
the ALJ's recommended determinations on remedy and bonding. No further 
submissions on any of these issues will be permitted unless otherwise 
ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-941'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All non-confidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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: February 24, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-04406 Filed 2-29-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                    10654                          Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices

                                                    Department of the Interior, Bureau of                      Meeting times and the duration                     Commission’s TDD terminal on (202)
                                                    Land Management (BLM), the John Day-                    scheduled for public comment periods                  205–1810.
                                                    Snake Resource Advisory Council (RAC)                   may be extended or altered when the                   SUPPLEMENTARY INFORMATION: The
                                                    will meet as indicated below:                           authorized representative considers it                Commission instituted this investigation
                                                    DATES: The John Day-Snake and                           necessary to accommodate business and                 on December 30, 2014 based on a
                                                    Southeast Oregon RACs will hold a                       all who seek to be heard regarding                    complaint filed by Samsung Electronics
                                                    meeting Thursday and Friday, March                      matters before the John Day-Snake or                  Co., Ltd. of Gyeonggi-do, Republic of
                                                    17th and 18th, 2016, in The Dalles,                     Southeast Oregon RAC.                                 Korea; and Samsung Austin
                                                    Oregon. The Thursday meeting, March                     Don Gonzalez,                                         Semiconductor, LLC of Austin, Texas
                                                    17th, will run from 12:00 p.m. to 5:00                                                                        (collectively, Complainants). 79 FR
                                                                                                            Vale District Manager.
                                                    p.m. On Friday, March 18th, the                                                                               78477–78 (Dec. 30, 2014). The
                                                                                                            [FR Doc. 2016–04414 Filed 2–29–16; 8:45 am]
                                                    meeting will run from 8 a.m. to 1 p.m.                                                                        complaint alleges violations of section
                                                                                                            BILLING CODE 4310–33–P
                                                    A public comment period will be                                                                               337 of the Tariff Act of 1930, as
                                                    offered the second day, March 18th.                                                                           amended (19 U.S.C. 1337), in the
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              importation into the United States, the
                                                    Larry Moore, Public Affairs Specialist,                 INTERNATIONAL TRADE                                   sale for importation, and the sale within
                                                    BLM Vale District Office, 100 Oregon                    COMMISSION                                            the United States after importation of
                                                    St., Vale, Oregon 97918, phone (541)                    [Investigation No. 337–TA–941]                        certain graphics processing chips
                                                    473–6218, or email l2moore@blm.gov.                                                                           (GPUs), systems on a chip (SoCs), and
                                                    Persons who use a telecommunications                    Certain Graphics Processing Chips,                    products containing the same by reason
                                                    device for the deaf (TDD) may call the                  Systems on a Chip, and Products                       of infringement of one or more of claims
                                                    Federal Information Relay Service                       Containing the Same Commission                        1–4, 6, and 19–21 of U.S. Patent No.
                                                    (FIRS) at 1(800) 877–8339 to contact the                Determination To Review in Part a                     6,147,385 (the ’385 patent); claim 10 of
                                                    above individual during normal                          Final Initial Determination Finding a                 U.S. Patent No. 6,173,349 (the ’349
                                                    business hours. The FIRS is available 24                Violation of Section 337; Schedule for                patent); claims 1, 2, 4, 19, 20, and 22 of
                                                    hours a day, 7 days a week, to leave a                  Filing Written Submissions on the                     U.S. Patent No. 7,056,776 (the ’776
                                                    message or question with the above                      Issues Under Review and on Remedy,                    patent); and claims 1–3, 7–9, 12–15, 17,
                                                    individual. You will receive a reply                    the Public Interest, and Bonding                      and 19 of U.S. Patent No. 7,804,734 (the
                                                    during normal business hours.                                                                                 ’734 patent), and whether an industry in
                                                                                                            AGENCY: U.S. International Trade                      the United States exists as required by
                                                    SUPPLEMENTARY INFORMATION: The John
                                                                                                            Commission.                                           subsection (a)(2) of section 337. Id. The
                                                    Day-Snake RAC consists of 15 members,
                                                    chartered and appointed by the                          ACTION: Notice.                                       notice of investigation named the
                                                    Secretary of the Interior. Their diverse                                                                      following respondents: NVIDIA
                                                                                                            SUMMARY:   Notice is hereby given that                Corporation (NVIDIA) of Santa Clara,
                                                    perspectives are represented in                         the U.S. International Trade
                                                    commodity, conservation, and general                                                                          California; Biostar Microtech
                                                                                                            Commission has determined to review                   International Corp. of New Taipei,
                                                    interests. They provide advice to BLM                   in part the final initial determination
                                                    and Forest Service resource managers                                                                          Taiwan; Biostar Microtech U.S.A. Corp.
                                                                                                            (ID) issued by the presiding                          of City of Industry, California;
                                                    regarding management plans and                          administrative law judge (ALJ) on
                                                    proposed resource actions on public                                                                           Elitegroup Computer Systems Co. Ltd.
                                                                                                            December 22, 2015, finding a violation                of Taipei, Taiwan; Elitegroup Computer
                                                    land in central and eastern Oregon.                     of section 337 of the Tariff Act of 1930,
                                                       Agenda items for the meeting include                                                                       Systems, Inc. of Newark, California;
                                                                                                            as amended (19 U.S.C. 1337), as to                    EVGA Corp. of Brea, California; Fuhu,
                                                    the Blue Mountain Plan revision,
                                                                                                            certain asserted patent claims in this                Inc. of El Segundo, California; Jaton
                                                    updates on John Day Basin
                                                                                                            investigation.                                        Corp. of Fremont, California; Mad Catz,
                                                    implementation, Deschutes and Snake
                                                    River fee projects, and National                        FOR FURTHER INFORMATION CONTACT:       Ron            Inc. of San Diego, California; OUYA,
                                                    Environmental Policy Act (NEPA)                         Traud, Office of the General Counsel,                 Inc. of Santa Monica, California; Sparkle
                                                    activity related to invasive species in                 U.S. International Trade Commission,                  Computer Co., Ltd. of New Taipei City,
                                                    the Vale and Prineville BLM Districts.                  500 E Street SW., Washington, DC                      Taiwan; Toradex, Inc. of Seattle,
                                                    Other topics will be posted along with                  20436, telephone (202) 205–3427.                      Washington; Wikipad, Inc. of Westlake
                                                    the agenda on the John Day Snake RAC                    Copies of non-confidential documents                  Village, California; ZOTAC International
                                                    Web site at: http://www.blm.gov/or/rac/                 filed in connection with this                         (MCO) Ltd of New Territories, Hong
                                                    jdrac_meetingnotes.php.                                 investigation are or will be available for            Kong; and ZOTAC USA, Inc. of Chino,
                                                       All meetings are open to the public.                 inspection during official business                   California (collectively, Respondents).
                                                    Information to be distributed to the John               hours (8:45 a.m. to 5:15 p.m.) in the                 Id. The Office of Unfair Import
                                                    Day-Snake RAC is requested prior to the                 Office of the Secretary, U.S.                         Investigations (OUII) is also a party to
                                                    start of each meeting. A public comment                 International Trade Commission, 500 E                 this investigation. Id.
                                                    period will be offered on March 18th, at                Street SW., Washington, DC 20436,                       On May 1, 2015, the Commission
                                                    a time to be determined. Unless                         telephone (202) 205–2000.                             determined not to review an initial
                                                    otherwise approved by the John Day-                        General information concerning the                 determination terminating the
                                                    Snake RAC Chairs, the public comment                    Commission may also be obtained by                    investigation as to respondent Wikipad,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    period in each meeting will last no                     accessing its Internet server at http://              Inc. See Notice of Commission
                                                    longer than 30 minutes. Each speaker                    www.usitc.gov. The public record for                  Determination Not to Review an Initial
                                                    may address the John Day-Snake RAC                      this investigation may be viewed on the               Determination Terminating the
                                                    for a maximum of 5 minutes. A public                    Commission’s electronic docket (EDIS)                 Investigation as to Respondent Wikipad,
                                                    call-in number for both meeting                         at http://edis.usitc.gov. Hearing-                    Inc. Based on a Consent Order
                                                    locations is provided on the John Day-                  impaired persons are advised that                     Stipulation, Consent Order, and
                                                    Snake RAC Web site at http://                           information on this matter can be                     Settlement Agreement; Issuance of
                                                    www.blm.gov/or/rac/jdrac.php.                           obtained by contacting the                            Consent Order (May 1, 2015). On May


                                               VerDate Sep<11>2014   20:18 Feb 29, 2016   Jkt 238001   PO 00000   Frm 00090   Fmt 4703   Sfmt 4703   E:\FR\FM\01MRN1.SGM   01MRN1


                                                                                   Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices                                            10655

                                                    13, 2015, the Commission determined                     48; and (3) claims 1 and 3 are not                    ‘‘a configuration required by the
                                                    not to review an initial determination                  invalid for anticipation or obviousness.              memory-device type’’; and (2) to
                                                    granting intervention by Taiwan                         ID at 348–77.                                         interpret the phrase ‘‘the receiver
                                                    Semiconductor Manufacturing Co., Ltd.                      On January 4, 2016, Respondents and                further configured’’ in claim 1 to require
                                                    for a limited purpose. See Notice of                    OUII filed petitions for review of the ID.            the capability of the receiver to operate
                                                    Commission Determination Not to                         On January 5, 2016, the ALJ issued his                in one mode or the other, but not both,
                                                    Review an Initial Determination                         recommended determination on remedy                   when connected to a particular memory
                                                    Granting Intervention by Taiwan                         and bonding. On January 12, 2016,                     device; please discuss any impact this
                                                    Semiconductor Manufacturing Co., Ltd.                   Complainants and OUII filed responses                 construction may have on the ID’s
                                                    for a Limited Purpose (May 13, 2015).                   to the petitions.                                     findings and conclusions.
                                                    On September 17, 2015, the                                 Having examined the record of this                    6. What portion of the accused
                                                    Commission determined not to review                     investigation, including the ALJ’s ID,                devices is allegedly covered by the
                                                    an initial determination terminating the                the petitions for review, and the                     asserted claims? Do the patents in
                                                    investigation as to respondent ZOTAC                    responses thereto, the Commission has                 question relate to relatively minor
                                                    International (MCO) Ltd. See Notice of                  determined to review the final ID in                  features of the accused devices?
                                                    Commission Decision Not to Review                       part. Specifically, the Commission has                   7. How would remedial orders barring
                                                    Two Initial Determinations That                         determined to review (1) the ID’s                     the entry and further distribution of the
                                                    Terminated the Investigation as to                      construction of ‘‘mode’’ and ‘‘the                    products alleged to infringe the asserted
                                                    Certain Asserted Patent Claims and as to                receiver further configured’’ of claim 1              claims of the ’385, ’349 and/or ’734
                                                    One Respondent (Sept. 17, 2015).                        of the ’734 patent; (2) the ID’s                      patents affect the public interest as
                                                       On July 1, 2015, the Commission                      conclusion that the accused products                  identified in 19 U.S.C. 1337(d)(1) and
                                                    determined not to review an initial                     infringe the ’734 patent; (3) the ID’s                (f)(1)? The Commission is particularly
                                                    determination terminating the                           conclusion that there is a domestic                   interested in the commercial availability
                                                    investigation as to the ’776 patent. See                industry for the ’734 patent; (4) the ID’s            of alternatives to the potentially
                                                    Notice of Commission Determination                      conclusion that claim 1 of the ’734                   excluded products as well as any
                                                    Not to Review an Initial Determination                  patent is not invalid for anticipation by             differences, including qualitative
                                                    Terminating the Investigation with                      U.S. Patent No. 7,032,092 (Lai); (5) the              differences, between those alternatives
                                                    Respect to U.S. Patent No. 7,056,776                    ID’s conclusion that claim 3 of the ’734              and the potentially excluded products.
                                                    (July 1, 2015). On August 13, 2015, the                 patent is not invalid for obviousness                    In connection with the final
                                                    Commission determined not to review                     over Lai in view of U.S. Patent No.                   disposition of this investigation, the
                                                    an initial determination finding that the               6,853,213 (Funaba); (6) whether the                   Commission may (1) issue an order that
                                                    economic prong of the domestic                          accused Tegra X1 products are within                  could result in the exclusion of the
                                                    industry requirement has been satisfied.                the scope of the investigation; and (7)               subject articles from entry into the
                                                    See Notice of a Commission                              whether Complainants proved that the                  United States, and/or (2) issue one or
                                                    Determination Not to Review an Initial                  AP20 products infringe the ’349 patent.               more cease and desist orders that could
                                                    Determination That the Economic Prong                      The parties are requested to brief their           result in the respondent being required
                                                    of the Domestic Industry Requirement                    positions with reference to the                       to cease and desist from engaging in
                                                    Has Been Satisfied (Aug. 13, 2015). On                  applicable law and the evidentiary                    unfair acts in the importation and sale
                                                    September 17, 2015, the Commission                      record. In connection with its review,                of such articles. Accordingly, the
                                                    determined not to review an initial                     the Commission is particularly                        Commission is interested in receiving
                                                    determination terminating claims 19–21                  interested in responses to the following:             written submissions that address the
                                                    of the ‘385 patent and claims 7–9, 12–                     1. With regard to the construction of              form of remedy, if any, that should be
                                                    15, 17, and 19 of the ’734 patent. See                  ‘‘mode’’ in claim 1 of the ’734 patent,               ordered. If a party seeks exclusion of an
                                                    Notice of Commission Decision Not to                    please discuss the significance of the                article from entry into the United States
                                                    Review Two Initial Determinations That                  repeated use of the permissive term                   for purposes other than entry for
                                                    Terminated the Investigation as to                      ‘‘may’’ in the specification. E.g., col. 4,           consumption, the party should so
                                                    Certain Asserted Patent Claims and as to                lns. 28–29, 37–39, 48–51.                             indicate and provide information
                                                    One Respondent (Sept. 17, 2015).                           2. With regard to the construction of              establishing that activities involving
                                                       On December 22, 2015, the ALJ issued                 ‘‘mode’’ in claim 1 of the ’734 patent,               other types of entry either are adversely
                                                    his ID. Regarding the ‘385 patent, the ID               please discuss the significance of the                affecting it or likely to do so. For
                                                    concludes: (1) The accused products                     recent Federal Circuit decision in The                background, see Certain Devices for
                                                    infringe claims 1–4 and 6, ID at 61–91;                 Trustees of Columbia University in the                Connecting Computers via Telephone
                                                    (2) there is a domestic industry, ID at                 City of New York v. Symantec                          Lines, Inv. No. 337–TA–360, USITC
                                                    93–108; (3) claims 1–4 and 6 are not                    Corporation, No. 2015–1146 (Fed. Cir.                 Pub. No. 2843 (December 1994)
                                                    invalid for anticipation, obviousness, or               Feb. 2, 2016).                                        (Commission Opinion).
                                                    lack of written description, ID at 114–                    3. With regard to the interpretation of               If the Commission contemplates some
                                                    64; and (4) NVIDIA’s Tegra X1 chip is                   Figure 4 of the ’734 patent, please                   form of remedy, it must consider the
                                                    outside the scope of the investigation.                 discuss the significance of the use of the            effects of that remedy upon the public
                                                    ID at 91–93. Regarding the ’349 patent,                 term ‘‘mode signal’’ in the specification.            interest. The factors the Commission
                                                    the ID concludes: (1) Certain accused                   Col. 5, lns. 13–16, 28–30.                            will consider include the effect that an
                                                    products infringe claim 10, ID at 198–                     4. With regard to the construction of              exclusion order and/or cease and desist
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                                                    235; (2) there is a domestic industry, ID               ‘‘the receiver further configured’’ in                orders would have on (1) the public
                                                    at 235–52; and (3) claim 10 is not                      claim 1 of the ’734 patent, please                    health and welfare, (2) competitive
                                                    invalid for anticipation, obviousness, or               discuss the significance of the cases                 conditions in the U.S. economy, (3) U.S.
                                                    lack of written description, ID at 253–                 cited in the ID at pages 302–04, and any              production of articles that are like or
                                                    74. Regarding the ’734 patent, the ID                   other relevant case law.                              directly competitive with those that are
                                                    concludes: (1) Certain accused products                    5. With respect to the ’734 patent, if             subject to investigation, and (4) U.S.
                                                    infringe claims 1 and 3, ID at 307–35; (2)              the Commission were (1) to construe the               consumers. The Commission is
                                                    there is a domestic industry, ID at 336–                claim term ‘‘mode’’ in claim 1 to mean                therefore interested in receiving written


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                                                    10656                          Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices

                                                    submissions that address the                            Persons with questions regarding filing               consideration, the deadline for
                                                    aforementioned public interest factors                  should contact the Secretary (202–205–                responses is March 31, 2016. Comments
                                                    in the context of this investigation.                   2000).                                                on the adequacy of responses may be
                                                       If the Commission orders some form                      Any person desiring to submit a                    filed with the Commission by May 13,
                                                    of remedy, the U.S. Trade                               document to the Commission in                         2016.
                                                    Representative, as delegated by the                     confidence must request confidential                  DATES: Effective: March 1, 2016.
                                                    President, has 60 days to approve or                    treatment. All such requests should be                FOR FURTHER INFORMATION CONTACT:
                                                    disapprove the Commission’s action.                     directed to the Secretary to the                      Mary Messer (202–205–3193), Office of
                                                    See Presidential Memorandum of July                     Commission and must include a full                    Investigations, U.S. International Trade
                                                    21, 2005. 70 FR 43251 (July 26, 2005).                  statement of the reasons why the                      Commission, 500 E Street SW.,
                                                    During this period, the subject articles                Commission should grant such                          Washington, DC 20436. Hearing-
                                                    would be entitled to enter the United                   treatment. See 19 CFR 201.6. Documents                impaired persons can obtain
                                                    States under bond, in an amount                         for which confidential treatment by the               information on this matter by contacting
                                                    determined by the Commission and                        Commission is properly sought will be                 the Commission’s TDD terminal on 202–
                                                    prescribed by the Secretary of the                      treated accordingly. A redacted non-                  205–1810. Persons with mobility
                                                    Treasury. The Commission is therefore                   confidential version of the document                  impairments who will need special
                                                    interested in receiving submissions                     must also be filed simultaneously with
                                                    concerning the amount of the bond that                                                                        assistance in gaining access to the
                                                                                                            any confidential filing. All non-                     Commission should contact the Office
                                                    should be imposed if a remedy is                        confidential written submissions will be
                                                    ordered.                                                                                                      of the Secretary at 202–205–2000.
                                                                                                            available for public inspection at the                General information concerning the
                                                       Written Submissions: The parties to                  Office of the Secretary and on EDIS.
                                                    the investigation are requested to file                                                                       Commission may also be obtained by
                                                                                                               The authority for the Commission’s
                                                    written submissions on the issues                                                                             accessing its internet server (http://
                                                                                                            determination is contained in section
                                                    identified in this notice. Parties to the                                                                     www.usitc.gov). The public record for
                                                                                                            337 of the Tariff Act of 1930, as
                                                    investigation, interested government                                                                          this proceeding may be viewed on the
                                                                                                            amended (19 U.S.C. 1337), and in Part
                                                    agencies, and any other interested                                                                            Commission’s electronic docket (EDIS)
                                                                                                            210 of the Commission’s Rules of
                                                    parties are encouraged to file written                                                                        at http://edis.usitc.gov.
                                                                                                            Practice and Procedure (19 CFR part
                                                    submissions on the issues of remedy,                    210).                                                 SUPPLEMENTARY INFORMATION:
                                                    the public interest, and bonding. Such                                                                           Background.—On December 12, 1986,
                                                                                                              By order of the Commission.                         the Department of Commerce
                                                    submissions should address the
                                                    recommended determination by the ALJ                      Issued: February 24, 2016.                          (‘‘Commerce’’) issued antidumping duty
                                                    on remedy and bonding. Complainants                     Lisa R. Barton,                                       orders on imports of carbon steel butt-
                                                    are requested to submit proposed                        Secretary to the Commission.                          weld pipe fittings from Brazil and
                                                    remedial orders for the Commission’s                    [FR Doc. 2016–04406 Filed 2–29–16; 8:45 am]           Taiwan (51 FR 45152). On February 10,
                                                    consideration. Complainants are also                    BILLING CODE 7020–02–P                                1987, Commerce issued an antidumping
                                                    requested to state the date that the                                                                          duty order on imports of carbon steel
                                                    patents expire and the HTSUS numbers                                                                          butt-weld pipe fittings from Japan (52
                                                    under which the accused products are                    INTERNATIONAL TRADE                                   FR 4167). On July 6, 1992, Commerce
                                                    imported. Complainants are further                      COMMISSION                                            issued antidumping duty orders on
                                                    requested to supply the names of known                                                                        imports of carbon steel butt-weld pipe
                                                                                                            [Investigation Nos. 731–TA–308–310 and
                                                    importers of the products at issue in this              520–521 (Fourth Review)]                              fittings from China and Thailand (57 FR
                                                    investigation. The written submissions                                                                        29702). Following the first five-year
                                                    and proposed remedial orders must be                    Carbon Steel Butt-Weld Pipe Fittings                  reviews by Commerce and the
                                                    filed no later than close of business on                From Brazil, China, Japan, Taiwan, and                Commission, effective January 6, 2000,
                                                    March 7, 2016. Reply submissions must                   Thailand; Institution of Five-Year                    Commerce issued a notice of the
                                                    be filed no later than the close of                     Reviews                                               continuation of the antidumping duty
                                                    business on March 14, 2016. Such                                                                              orders on imports of carbon steel butt-
                                                    submissions should address the ALJ’s                    AGENCY: United States International                   weld pipe fittings from Brazil, China,
                                                    recommended determinations on                           Trade Commission.                                     Japan, Taiwan, and Thailand (65 FR
                                                    remedy and bonding. No further                          ACTION: Notice.                                       753). Following second five-year
                                                    submissions on any of these issues will                                                                       reviews by Commerce and the
                                                    be permitted unless otherwise ordered                   SUMMARY:    The Commission hereby gives
                                                                                                                                                                  Commission, effective November 21,
                                                    by the Commission.                                      notice that it has instituted reviews
                                                                                                                                                                  2005, Commerce issued a notice of the
                                                       Persons filing written submissions                   pursuant to the Tariff Act of 1930 (‘‘the
                                                                                                                                                                  continuation of the antidumping duty
                                                    must file the original document                         Act’’), as amended, to determine
                                                                                                                                                                  orders on imports of carbon steel butt-
                                                    electronically on or before the deadlines               whether revocation of the antidumping
                                                                                                                                                                  weld pipe fittings from Brazil, China,
                                                    stated above and submit eight true paper                duty orders on carbon steel butt-weld
                                                                                                                                                                  Japan, Taiwan, and Thailand (70 FR
                                                    copies to the Office of the Secretary by                pipe fittings from Brazil, China, Japan,
                                                                                                                                                                  70059). Following the third five-year
                                                    noon the next day pursuant to section                   Taiwan, and Thailand would be likely
                                                                                                                                                                  reviews by Commerce and the
                                                    210.4(f) of the Commission’s Rules of                   to lead to continuation or recurrence of
                                                                                                                                                                  Commission, effective April 15, 2011,
                                                    Practice and Procedure (19 CFR                          material injury. Pursuant to the Act,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  Commerce issued a notice of the
                                                    210.4(f)). Submissions should refer to                  interested parties are requested to
                                                                                                                                                                  continuation of the antidumping duty
                                                    the investigation number (‘‘Inv. No.                    respond to this notice by submitting the
                                                    337–TA–941’’) in a prominent place on                   information specified below to the
                                                                                                                                                                  expiration date June 30, 2017. Public reporting
                                                    the cover page and/or the first page. (See              Commission; 1 to be assured of                        burden for the request is estimated to average 15
                                                    Handbook for Electronic Filing                                                                                hours per response. Please send comments
                                                                                                              1 No response to this request for information is    regarding the accuracy of this burden estimate to
                                                    Procedures, http://www.usitc.gov/                       required if a currently valid Office of Management    the Office of Investigations, U.S. International Trade
                                                    secretary/fed_reg_notices/rules/                        and Budget (OMB) number is not displayed; the         Commission, 500 E Street SW., Washington, DC
                                                    handbook_on_electronic_filing.pdf).                     OMB number is 3117–0016/USITC No. 16–5–351,           20436.



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Document Created: 2018-02-02 15:00:07
Document Modified: 2018-02-02 15:00:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactRon 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 Citation81 FR 10654 

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