81 FR 23749 - Certain Three-Dimensional Cinema Systems and Components Thereof; Commission Determination To Extend the Target Date; Schedule for Filing Written Submissions on Certain Issues

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 78 (April 22, 2016)

Page Range		23749-23750
FR Document		2016-09339

Notice is hereby given that the U.S. International Trade Commission has determined to extend the target date for completion of the above-captioned investigation until June 1, 2016. The Commission also requests briefing from the parties on the issues indicated in this notice.

Federal Register, Volume 81 Issue 78 (Friday, April 22, 2016)

[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23749-23750]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-09339]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-939]

Certain Three-Dimensional Cinema Systems and Components Thereof;
Commission Determination To Extend the Target Date; Schedule for Filing
Written Submissions on Certain Issues

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 extend the target date for completion of
the above-captioned investigation until June 1, 2016. The Commission
also requests briefing from the parties on the issues indicated in this
notice.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3438. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone 202-205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on December 12, 2014, based on a complaint filed by RealD, Inc. of
Beverly Hills, California (``RealD''). 79 FR 73902-03 (Dec. 12, 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 three-dimensional cinema systems, and
components thereof, that infringe certain claims of U.S. Patent Nos.
7,905,602 (``the '602 patent''), 7,857,455 (``the '455 patent''),
7,959,296 (``the '296 patent''), and 8,220,934 (``the '934 patent'').
Id. at 73902. The notice of investigation named as respondents
MasterImage 3D, Inc. of Sherman Oaks, California, and MasterImage 3D
Asia, LLC of Seoul, Republic of Korea. Id. at 73903. The Office of
Unfair Import Investigations was not named as a party to the
investigation. Id.
On July 23, 2015, the Commission later terminated the investigation
as to various of the asserted claims and the '602 patent in its
entirety. Notice (July 23, 2015) (determining not to review Order No. 6
(July 2, 2015)); Notice (Aug. 20, 2015) (determining not to review
Order No. 7 (Aug. 3, 2015)).
On September 25, 2015, the Commission determined on summary
determination that RealD satisfied the economic prong of the domestic
industry requirement through its significant investment in plant,
significant investment in labor, and substantial investment in
engineering, research, and development. Notice (Sept. 25, 2015)
(determining to review in part Order No. 9 (Aug. 20, 2015)). The
Commission, however, reversed the presiding administrative law judge's
(``ALJ'') summary determination with respect to RealD's investment in
equipment. Id.
On December 16, 2015, the ALJ issued a final ID finding a violation
of section 337 with respect to the remaining asserted patents. The ALJ
found that the asserted claims of each patent are infringed and not
invalid or unenforceable. The ALJ found that the technical prong of the
domestic industry requirement was satisfied for the asserted patents.
The ALJ also issued a Recommended Determination on Remedy and Bonding
(``RD''), recommending that a limited exclusion order and cease and
desist orders should issue and that a bond of 100 percent should be
imposed during the period of presidential review.
On December 29, 2015, MasterImage filed a petition for review
challenging various findings in the final ID. On January 6, 2016, RealD
filed a response to MasterImage's petition. On January 15, 2016, and
January 19, 2016, MasterImage and RealD respectively filed post-RD
statements on the public interest under Commission Rule 210.50(a)(4).
The Commission did not receive any post-RD public interest comments
from the public in response to the Commission notice issued on December
22, 2015. 80 FR 80795 (Dec. 28, 2015).

[[Page 23750]]

On February 16, 2016, the Commission determined to review the final
ID in part and requested additional briefing from the parties on
certain issues. 81 FR at 8744-45. The Commission also solicited
briefing from the parties and the public on the issues of remedy, the
public interest, and bonding. Id.
On March 1, 2016, the parties filed initial written submissions
addressing the Commission's questions and the issues of remedy, the
public interest, and bonding. On March 11, 2016, the parties filed
response briefs. No comments were received from the public.
On April 14, 2016, MasterImage filed a letter, notifying the
Commission that, on that same day, the Patent Trial and Appeal Board of
the U.S. Patent and Trademark Office (``PTAB'') issued a Final Written
Decision finding claims 1, 6-10, and 18-20 of the '934 patent
unpatentable. See MasterImage Ltr. (Apr. 14, 2016).
The Commission has determined to extend the target date for
completion of the investigation until June 1, 2016.
The Commission requests a response to the following question only:
1. What is the effect of the PTAB's Final Written Decision on the
Commission's final determination, including any underlying findings, in
this investigation? Please include in your response any effect on the
issuance of remedial orders with respect to the asserted claims of the
'455 and '296 patents and claim 11 of the '934 patent.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
Initial written submissions must be filed no later than close of
business on April 26, 2016. Initial written submissions by the parties
shall be no more than 20 pages, excluding any attachments or exhibits.
Reply submissions must be filed no later than the close of business on
May 3, 2016. Reply submissions by the parties shall be no more than 20
pages, excluding any attachments or exhibits. No further submissions on
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 8 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-939'') 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 at (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 nonconfidential
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: April 18, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-09339 Filed 4-21-16; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 78 / Friday, April 22, 2016 / Notices 23749

INTERNATIONAL TRADE Issued: April 18, 2016. infringe certain claims of U.S. Patent
COMMISSION Lisa R. Barton, Nos. 7,905,602 (‘‘the ’602 patent’’),
Secretary to the Commission. 7,857,455 (‘‘the ’455 patent’’), 7,959,296
[Investigation Nos. 701–TA–462 and 731– [FR Doc. 2016–09338 Filed 4–21–16; 8:45 am] (‘‘the ’296 patent’’), and 8,220,934 (‘‘the
TA–1156–1158 (First Review) and 731–TA– BILLING CODE 7020–02–P
’934 patent’’). Id. at 73902. The notice
1043–1045 (Second Review)] of investigation named as respondents
MasterImage 3D, Inc. of Sherman Oaks,
Polyethylene Retail Carrier Bags From INTERNATIONAL TRADE California, and MasterImage 3D Asia,
China, Indonesia, Malaysia, Taiwan, COMMISSION LLC of Seoul, Republic of Korea. Id. at
Thailand, and Vietnam; Determinations 73903. The Office of Unfair Import
[Investigation No. 337–TA–939]
On the basis of the record 1 developed Investigations was not named as a party
in the subject five-year reviews, the Certain Three-Dimensional Cinema to the investigation. Id.
United States International Trade Systems and Components Thereof; On July 23, 2015, the Commission
Commission (‘‘Commission’’) Commission Determination To Extend later terminated the investigation as to
determines, pursuant to the Tariff Act of the Target Date; Schedule for Filing various of the asserted claims and the
1930, that revocation of the Written Submissions on Certain Issues ’602 patent in its entirety. Notice (July
countervailing duty order on 23, 2015) (determining not to review
polyethylene retail carrier bags from AGENCY: U.S. International Trade Order No. 6 (July 2, 2015)); Notice (Aug.
Vietnam and revocation of the Commission. 20, 2015) (determining not to review
antidumping duty orders on ACTION: Notice. Order No. 7 (Aug. 3, 2015)).
polyethylene retail carrier bags from On September 25, 2015, the
SUMMARY: Notice is hereby given that Commission determined on summary
China, Indonesia, Malaysia, Taiwan,
the U.S. International Trade determination that RealD satisfied the
Thailand, and Vietnam would be likely
Commission has determined to extend economic prong of the domestic
to lead to continuation or recurrence of
the target date for completion of the industry requirement through its
material injury to an industry in the
above-captioned investigation until June significant investment in plant,
United States within a reasonably
1, 2016. The Commission also requests significant investment in labor, and
foreseeable time.
briefing from the parties on the issues substantial investment in engineering,
Background indicated in this notice. research, and development. Notice
The Commission, pursuant to section FOR FURTHER INFORMATION CONTACT: (Sept. 25, 2015) (determining to review
751(c) of the Tariff Act of 1930 (19 Lucy Grace D. Noyola, Office of the in part Order No. 9 (Aug. 20, 2015)). The
U.S.C. 1675(c)), instituted these reviews General Counsel, U.S. International Commission, however, reversed the
on April 1, 2015 (80 FR 17490) and Trade Commission, 500 E Street SW., presiding administrative law judge’s
determined on July 6, 2015 that it would Washington, DC 20436, telephone 202– (‘‘ALJ’’) summary determination with
conduct full reviews (80 FR 43118, July 205–3438. Copies of non-confidential respect to RealD’s investment in
21, 2015). Notice of the scheduling of documents filed in connection with this equipment. Id.
the Commission’s reviews and of a investigation are or will be available for On December 16, 2015, the ALJ issued
public hearing to be held in connection inspection during official business a final ID finding a violation of section
therewith was given by posting copies hours (8:45 a.m. to 5:15 p.m.) in the 337 with respect to the remaining
of the notice in the Office of the Office of the Secretary, U.S. asserted patents. The ALJ found that the
Secretary, U.S. International Trade International Trade Commission, 500 E asserted claims of each patent are
Commission, Washington, DC, and by Street SW., Washington, DC 20436, infringed and not invalid or
publishing the notice in the Federal telephone 202–205–2000. General unenforceable. The ALJ found that the
Register on October 15, 2015 (80 FR information concerning the Commission technical prong of the domestic industry
62110). The hearing was held in may also be obtained by accessing its requirement was satisfied for the
Washington, DC, on February 18, 2016, Internet server (http://www.usitc.gov). asserted patents. The ALJ also issued a
and all persons who requested the The public record for this investigation Recommended Determination on
opportunity were permitted to appear in may be viewed on the Commission’s Remedy and Bonding (‘‘RD’’),
person or by counsel. electronic docket (EDIS) at http:// recommending that a limited exclusion
The Commission made these edis.usitc.gov. Hearing-impaired order and cease and desist orders
determinations pursuant to section persons are advised that information on should issue and that a bond of 100
751(c) of the Tariff Act of 1930 (19 this matter can be obtained by percent should be imposed during the
U.S.C. 1675(c)). It completed and filed contacting the Commission’s TDD period of presidential review.
its determinations in these reviews on terminal on 202–205–1810. On December 29, 2015, MasterImage
April 18, 2016. The views of the SUPPLEMENTARY INFORMATION: The filed a petition for review challenging
Commission are contained in USITC Commission instituted this investigation various findings in the final ID. On
Publication 4605 (April 2016), entitled on December 12, 2014, based on a January 6, 2016, RealD filed a response
Polyethylene Retail Carrier Bags from complaint filed by RealD, Inc. of Beverly to MasterImage’s petition. On January
China, Indonesia, Malaysia, Taiwan, Hills, California (‘‘RealD’’). 79 FR 15, 2016, and January 19, 2016,
Thailand, and Vietnam: Investigation 73902–03 (Dec. 12, 2014). The MasterImage and RealD respectively
mstockstill on DSK4VPTVN1PROD with NOTICES

Nos. 701–TA–462 and 731–TA–1156– complaint alleges violations of section filed post-RD statements on the public
1158 (First Review) and 731–TA–1043– 337 of the Tariff Act of 1930, as interest under Commission Rule
1045 (Second Review). amended, 19 U.S.C. 1337, in the 210.50(a)(4). The Commission did not
By order of the Commission. importation into the United States, the receive any post-RD public interest
sale for importation, and the sale within comments from the public in response
1 The record is defined in sec. 207.2(f) of the the United States after importation of to the Commission notice issued on
Commission’s Rules of Practice and Procedure (19 certain three-dimensional cinema December 22, 2015. 80 FR 80795 (Dec.
CFR 207.2(f)). systems, and components thereof, that 28, 2015).

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Document Created: 2017-08-22 23:37:44
Document Modified: 2017-08-22 23:37:44

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		Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-3438. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205- 1810.
FR Citation		81 FR 23749