81 FR 33547 - Certain Digital Video Receivers and Hardware and Software Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 102 (May 26, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 6, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Rovi Corporation of San Carlos, California and Rovi Guides, Inc. of San Carlos, California. An amended complaint was filed on April 25, 2016. The complaint, as amended, 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 digital video receivers and hardware and software components thereof by reason of infringement of certain claims of U.S. Patent No. 8,006,263 (``the '263 patent''); U.S. Patent No. 8,578,413 (``the '413 patent''); U.S. Patent No. 8,046,801 (``the '801 patent''); U.S. Patent No. 8,621,512 (``the '512 patent''); U.S. Patent No. 8,768,147 (``the '147 patent''); U.S. Patent No. 8,566,871 (``the '871 patent''); and U.S. Patent No. 6,418,556 (``the '556 patent''). The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33547-33548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12466]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1001]


Certain Digital Video Receivers and Hardware and Software 
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 April 6, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Rovi Corporation of San Carlos, California and Rovi Guides, Inc. of San 
Carlos, California. An amended complaint was filed on April 25, 2016. 
The complaint, as amended, 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 digital 
video receivers and hardware and software components thereof by reason 
of infringement of certain claims of U.S. Patent No. 8,006,263 (``the 
'263 patent''); U.S. Patent No. 8,578,413 (``the '413 patent''); U.S. 
Patent No. 8,046,801 (``the '801 patent''); U.S. Patent No. 8,621,512 
(``the '512 patent''); U.S. Patent No. 8,768,147 (``the '147 patent''); 
U.S. Patent No. 8,566,871 (``the '871 patent'');

[[Page 33548]]

and U.S. Patent No. 6,418,556 (``the '556 patent''). The amended 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as amended, 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 Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    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 (2016).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on May 23, 2016, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be 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 digital 
video receivers and hardware and software components thereof by reason 
of infringement of one or more of claims 1, 2, 5, 6, 8, 9, 11, 12, 14, 
15, 17, and 18 of the '263 patent; claims 1, 3, 5-10, 12, and 14-18 of 
the '413 patent; claims 1-54 of the '801 patent; claims 1, 2-4, 8-16, 
and 20-24 of the '512 patent; claims 1, 5, 6, 8, 10, 11, 15, 16, 18, 
and 20-24 of the '147 patent; claims 1, 2, 6-13, 17-24, 28-33 of the 
'871 patent; and claims 2-4, 7, 10-14, 16, 18-22, 24, 26, 28, 30, 33, 
35, 36, 39, and 40 of the '556 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (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 complainants are:

Rovi Corporation, 2 Circle Star Way, San Carlos, CA 94070
Rovi Guides, Inc., 2 Circle Star Way, San Carlos, CA 94070

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Comcast Corporation, One Comcast Center, 1701 John F. Kennedy Blvd., 
Philadelphia, Pennsylvania 19103
Comcast Cable Communications, LLC, One Comcast Center, 1701 John F. 
Kennedy Blvd., Philadelphia, Pennsylvania 19103
Comcast Cable Communications Management, LLC, One Comcast Center, 1701 
John F. Kennedy Blvd., Philadelphia, Pennsylvania 19103
Comcast Business Communications, LLC, One Comcast Center, 1701 John F. 
Kennedy Blvd., Philadelphia, Pennsylvania 19103
Comcast Holdings Corporation, One Comcast Center, 1701 John F. Kennedy 
Blvd., Philadelphia, Pennsylvania 19103
Comcast Shared Services, LLC, 330 N. Wabash Ave. 22, Chicago, IL 60611-
3586
Technicolor SA, 1-5 Rue Jeanne d'Arc, 92130, Issy-les-Moulineaux, 
France
Technicolor USA, Inc., 10330 North Meridian Street, Indianapolis, IN 
46290
Technicolor Connected Home USA LLC, 101 West 103rd Street, 
Indianapolis, IN 46290
Pace Ltd., Victoria Road, Saltaire, West Yorkshire, BD18 3LF, England
Pace Americas, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Arris International plc, 3871 Lakefield Drive, Suwanee, GA 30024
Arris Group Inc., 3871 Lakefield Drive, Suwanee, GA 30024
Arris Technology, Inc., 101 Tournament Drive, Horsham, PA 19044
Arris Enterprises Inc., 3871 Lakefield Drive, Suwanee, GA 30024
Arris Solutions, Inc., 3871 Lakefield Drive, Suwanee, GA 30024

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: May 23, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12466 Filed 5-25-16; 8:45 am]
BILLING CODE 7020-02-P