81 FR 40348 - Certain Graphics Processing Chips, Systems on a Chip, and Products Containing the Same; Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 119 (June 21, 2016)
Federal Register Volume 81, Issue 119 (June 21, 2016)
| Page Range | 40348-40350 | |
| FR Document | 2016-14657 |
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)] [Notices] [Pages 40348-40350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14657] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-941] Certain Graphics Processing Chips, Systems on a Chip, and Products Containing the Same; Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation AGENCY: U.S. International Trade Commission. [[Page 40349]] ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to grant a joint motion to terminate the above-captioned investigation based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, (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, (202) 205-2000. General information concerning the Commission may also be obtained 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 at (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). Id. The notice of investigation named as 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. 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) (determining not to review Order No. 6 (Apr. 1, 2015)). On July 1, 2015, the Commission determined not to review an initial determination terminating the investigation with respect to the '776 patent. 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) (determining not to review Order No. 9 (June 9, 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. 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) (determining not review Order No. 12 (July 16, 2015)). On September 17, 2015, the Commission determined not to review (1) an initial determination terminating the investigation as to claims 19-21 of the '385 patent and claims 7-9, 12-15, 17, and 19 of the '734 patent; and (2) an initial determination terminating the investigation as to respondent ZOTAC International (MCO) Ltd. 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) (determining not to review Order No. 23 (Aug. 26, 2015) and Order No. 25 (Aug. 26, 2015)). The following claims remained at issue for consideration by the ALJ: Claims 1-4 and 6 of the '385 patent; claim 10 of the '349 patent; and claims 1 and 3 of the '734 patent. On December 22, 2015, the ALJ issued his final ID, which found a violation of all three remaining patents. See ID at 1. On January 5, 2016, the ALJ issued his recommended determination on remedy and bond (RD), which recommended the issuance of a limited exclusion order covering all of the infringing articles imported, sold for importation, or sold after importation by the remaining respondents. RD at 9. The RD also recommended the issuance of cease and desist orders to certain domestic respondents. Id. at 14. The RD additionally set a bond in the amount of 4% of the average value of the accused GPUs and SoCs. Id. at 17. The remaining respondents and OUII filed petitions for review, and OUII, and Complainants filed responses to the petitions. On February 24, 2016, the Commission determined to review some of the petitioned issues. 81 FR 10654 (Mar. 1, 2016). On March 7, 2016, the parties filed written submissions on the issues under review, remedy, the public interest, and bonding. On March 14, 2016, the parties filed reply submissions. No submissions were received from the public. On April 29, 2016, and prior to the Commission's final determination, the private parties indicated that they had reached a settlement agreement. On May 16, 2016, the private parties filed a joint motion to terminate the investigation on the basis of that settlement pursuant to Commission Rule Sec. 210.21(b). An amended version of the joint motion (the Corrected Joint Motion) was filed on May 19, 2016. The motion to terminate is based on a Memorandum of Understanding Regarding Settlement Agreement (MOU), a binding agreement between Samsung Electronics and NVIDIA. The Corrected Joint Motion declares that the MOU ``completely resolves the disputes between all parties with respect to the asserted patents,'' that there are ``no other agreements, written or oral, express or implied, between them concerning the subject matter of this investigation,'' and that ``it is in the interest of the public and administrative economy to grant this motion.'' Corrected Joint Mtn. at 2. The Corrected Joint Motion includes confidential and public versions of the MOU. On May 26, 2016, OUII filed a submission supporting the termination of the investigation. No other party filed a response to the Corrected Joint Motion. The Commission has determined that the Corrected Joint Motion complies with the requirements of section 210.21(b)(1) of the Commission's Rules [[Page 40350]] of Practice and Procedure (19 CFR 210.21(b)(1)), and that there are no extraordinary circumstances that would prevent the requested termination. The Commission also finds that granting the Corrected Joint Motion would not be contrary to the public interest pursuant to section 210.50(b)(2) of the Commission's Rules of Practice and Procedure (19 CFR 210.50(b)(2)). Accordingly, the Commission hereby grants the Corrected Joint Motion. This investigation is terminated. 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: June 16, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-14657 Filed 6-20-16; 8:45 am] BILLING CODE 7020-02-P
![40348 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
marked as to whether they are the INTERNATIONAL TRADE ’599 patent’’). Id. The notice of
‘‘confidential’’ or ‘‘non-confidential’’ COMMISSION investigation names as a respondent
version, and that the confidential Soitec S.A., Parc Technologique des
[Investigation No. 337–TA–966]
business information is clearly Fontaines of Bernin, France
identified by means of brackets. All Certain Silicon-on-Insulator Wafers; (‘‘Respondent’’). Id. The Office of Unfair
written submissions, except for Commission Determination Not To Import Investigations (‘‘OUII’’) also was
confidential business information, will Review an Initial Determination named as a party to the investigation. Id.
be made available for inspection by Granting an Unopposed Motion for Subsequently, the investigation was
interested parties. Termination of the Investigation Based partially terminated as to several patent
on Withdrawal of the Complaint; claims, leaving only asserted claim 1 of
The Commission may include some or the ’563 patent; claim 1 of the ’705
all of the confidential business Termination of the Investigation
patent; and claims 1 and 15 of the ’599
information submitted in the course of AGENCY: U.S. International Trade patent remaining in the investigation.
this investigation in the report it sends Commission. See Notice (Feb. 25, 2016) (determining
to the USTR. Additionally, all ACTION: Notice. not to review Order No. 7 (Jan. 22,
information, including confidential 2016)); Notice (Mar. 1, 2016)
business information, submitted in this SUMMARY: Notice is hereby given that (determining not to review Order No. 8
investigation may be disclosed to and the U.S. International Trade (Feb. 2, 2016)); Notice (May 4, 2016)
used: (i) By the Commission, its Commission has determined not to (determining not to review Order No. 12
employees and Offices, and contract review an initial determination (‘‘ID’’) (Apr. 5, 2016)); Notice (May 31, 2016)
personnel (a) for developing or (Order No. 16) granting an unopposed (determining not to review Order No. 14
maintaining the records of this or a motion to terminate the investigation in (May 5, 2016)).
related proceeding, or (b) in internal whole based on complainant’s On May 18, 2016, Complainant filed
investigations, audits, reviews, and withdrawal of the complaint. an unopposed motion to terminate the
evaluations relating to the programs, FOR FURTHER INFORMATION CONTACT: investigation in whole based on its
personnel, and operations of the Lucy Grace D. Noyola, Office of the withdrawal of the complaint. On May
Commission including under 5 U.S.C. General Counsel, U.S. International 20, 2016, OUII filed a response,
Appendix 3; or (ii) by U.S. government Trade Commission, 500 E Street SW., supporting the motion.
Washington, DC 20436, telephone 202– On May 20, 2016, the presiding
employees and contract personnel for
205–3438. Copies of non-confidential administrative law judge (‘‘ALJ’’) issued
cybersecurity purposes. The
documents filed in connection with this an ID (Order No. 16) granting the
Commission will not otherwise disclose motion. The ALJ found no extraordinary
investigation are or will be available for
any confidential business information in circumstances preventing termination of
inspection during official business
a manner that would reveal the the investigation and further found that
hours (8:45 a.m. to 5:15 p.m.) in the
operations of the firm supplying the termination was in the public interest.
Office of the Secretary, U.S.
information. International Trade Commission, 500 E No petitions for review of the ID were
Summaries of Written Submissions: Street SW., Washington, DC 20436, filed.
The Commission intends to publish telephone 202–205–2000. General The Commission has determined not
summaries of the positions of interested information concerning the Commission to review the subject ID.
persons in an appendix to its report. may also be obtained by accessing its The authority for the Commission’s
Persons wishing to have a summary of Internet server (http://www.usitc.gov). determination is contained in section
their position included in the appendix The public record for this investigation 337 of the Tariff Act of 1930, as
should include a summary with their may be viewed on the Commission’s amended (19 U.S.C. 1337), and in Part
written submission. The summary may electronic docket (EDIS) at http:// 210 of the Commission’s Rules of
edis.usitc.gov. Hearing-impaired Practice and Procedure (19 CFR part
not exceed 500 words, should be in
persons are advised that information on 210).
MSWord format or a format that can be
easily converted to MSWord, and this matter can be obtained by By order of the Commission.
should not include any confidential contacting the Commission’s TDD Issued: June 15, 2016.
business information. The summary will terminal on 202–205–1810. Lisa R. Barton,
be published as provided if it meets SUPPLEMENTARY INFORMATION: The Secretary to the Commission.
these requirements and is germane to Commission instituted this investigation [FR Doc. 2016–14593 Filed 6–20–16; 8:45 am]
the subject matter of the investigation. on September 24, 2015, based on a BILLING CODE 7020–02–P
In the appendix the Commission will complaint filed by Silicon Genesis Corp.
identify the name of the organization of San Jose, California (‘‘Complainant’’).
furnishing the summary, and will 80 FR 57641 (Sept. 24, 2015). The INTERNATIONAL TRADE
complaint, as amended, alleges COMMISSION
include a link to the Commission’s
violations of section 337 of the Tariff
Electronic Document Information [Investigation No. 337–TA–941]
Act of 1930, as amended, 19 U.S.C.
System (EDIS) where the full written 1337, in the importation into the United
submission can be found. Certain Graphics Processing Chips,
States, the sale for importation, and/or
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Systems on a Chip, and Products
By order of the Commission. the sale within the United States after
Containing the Same; Commission
Issued: June 16, 2016. importation of certain silicon-on-
Determination To Grant a Joint Motion
Lisa R. Barton, insulator wafers by reason of
To Terminate the Investigation on the
infringement of certain claims of U.S.
Secretary to the Commission. Basis of a Settlement Agreement;
Patent Nos. 5,985,742; 6,180,496;
[FR Doc. 2016–14618 Filed 6–20–16; 8:45 am] Termination of the Investigation
6,294,814; 6,790,747; 7,811,901;
BILLING CODE 7020–02–P 6,013,563 (‘‘the ’563 patent’’); 6,162,705 AGENCY:U.S. International Trade
(‘‘the ’705 patent’’); and 6,103,599 (‘‘the Commission.
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![40350 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
of Practice and Procedure (19 CFR be recommended for inclusion on future DEPARTMENT OF JUSTICE
210.21(b)(1)), and that there are no Joint Board examinations in actuarial
extraordinary circumstances that would mathematics and methodology referred Antitrust Division
prevent the requested termination. The to in 29 U.S.C. 1242(a)(1)(B) and to
Commission also finds that granting the review the May 2016 Pension (EA–2L) Notice Pursuant to the National
Corrected Joint Motion would not be and Basic (EA–1) Examinations in order Cooperative Research and Production
contrary to the public interest pursuant to make recommendations relative Act of 1993—R Consortium, Inc.
to section 210.50(b)(2) of the thereto, including the minimum Notice is hereby given that, on May
Commission’s Rules of Practice and acceptable pass scores. Topics for 23, 2016, pursuant to Section 6(a) of the
Procedure (19 CFR 210.50(b)(2)). inclusion on the syllabus for the Joint National Cooperative Research and
Accordingly, the Commission hereby Board’s examination program for the Production Act of 1993, 15 U.S.C. 4301
grants the Corrected Joint Motion. This November 2016 Pension (EA–2F) et seq. (‘‘the Act’’), R Consortium, Inc.
investigation is terminated. Examination will be discussed. (‘‘R Consortium’’) has filed written
The authority for the Commission’s A determination has been made as notifications simultaneously with the
determination is contained in section required by section 10(d) of the Federal Attorney General and the Federal Trade
337 of the Tariff Act of 1930, as Advisory Committee Act, 5 U.S.C. App., Commission disclosing changes in its
amended (19 U.S.C. 1337), and in part that the portions of the meeting dealing membership. The notifications were
210 of the Commission’s Rules of with the discussion of questions that filed for the purpose of extending the
Practice and Procedure (19 CFR part may appear on the Joint Board’s Act’s provisions limiting the recovery of
210). examinations and the review of the May antitrust plaintiffs to actual damages
By order of the Commission. 2016 Pension (EA–2L) and Basic (EA–1) under specified circumstances.
Issued: June 16, 2016. Examinations fall within the exceptions Specifically, Avant, Inc., Chicago, IL,
Lisa R. Barton, to the open meeting requirement set has been added as a party to this
forth in 5 U.S.C. 552b(c)(9)(B), and that venture.
Secretary to the Commission.
the public interest requires that such No other changes have been made in
[FR Doc. 2016–14657 Filed 6–20–16; 8:45 am]
portions be closed to public either the membership or planned
BILLING CODE 7020–02–P activity of the group research project.
participation.
Membership in this group research
The portion of the meeting dealing project remains open, and R Consortium
JOINT BOARD FOR THE with the discussion of the other topics intends to file additional written
ENROLLMENT OF ACTUARIES will commence at 1:00 p.m. on July 14, notifications disclosing all changes in
2016, and will continue for as long as membership.
Meeting of the Advisory Committee; necessary to complete the discussion, On September 15, 2015, R Consortium
Meeting but not beyond 3:00 p.m. Time filed its original notification pursuant to
AGENCY: Joint Board for the Enrollment permitting, after the close of this Section 6(a) of the Act. The Department
of Actuaries. discussion by Committee members, of Justice published a notice in the
interested persons may make statements Federal Register pursuant to Section
ACTION: Notice of Federal Advisory
germane to this subject. Persons wishing 6(b) of the Act on October 2, 2015 (80
Committee meeting. to make oral statements should notify FR 59815).
SUMMARY: The Executive Director of the the Executive Director in writing prior The last notification was filed with
Joint Board for the Enrollment of to the meeting in order to aid in the Department on December 3, 2015. A
Actuaries gives notice of a meeting of scheduling the time available and notice was published in the Federal
the Advisory Committee on Actuarial should submit the written text, or at a Register pursuant to Section 6(b) of the
Examinations (portions of which will be minimum, an outline of comments they Act on January 11, 2016 (81 FR 1206).
open to the public) in Arlington, VA, on propose to make orally. Such comments
Patricia A. Brink,
July 14–15, 2016. will be limited to 10 minutes in length.
All persons planning to attend the Director of Civil Enforcement, Antitrust
DATES: Thursday, July 14, 2016, from Division.
9:00 a.m. to 5:00 p.m., and Friday, July public session should notify the
[FR Doc. 2016–14704 Filed 6–20–16; 8:45 am]
15, 2016, from 8:30 a.m. to 5:00 p.m. Executive Director in writing to obtain
building entry. Notifications of intent to BILLING CODE P
ADDRESSES: The meeting will be held at
the Internal Revenue Service, 2345 make an oral statement or to attend
Crystal Drive, Suite 400, Arlington, VA must be sent electronically, by no later
DEPARTMENT OF JUSTICE
22202. than July 7, 2016, to nhqjbea@irs.gov.
Any interested person also may file a Antitrust Division
FOR FURTHER INFORMATION CONTACT:
written statement for consideration by
Patrick W. McDonough, Executive the Joint Board and the Committee by Notice Pursuant to the National
Director of the Joint Board for the sending it to: Internal Revenue Service; Cooperative Research and Production
Enrollment of Actuaries, 703–414–2173. Attn: Patrick W. McDonough, Executive Act of 1993—The Open Group, L.L.C.
SUPPLEMENTARY INFORMATION: Notice is Director; Joint Board for the Enrollment
hereby given that the Advisory of Actuaries SE:RPO; REFM, Park 4, Notice is hereby given that, on May
Committee on Actuarial Examinations 13, 2016, pursuant to Section 6(a) of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Floor 4; 1111 Constitution Avenue NW.,
will meet at the Internal Revenue Washington, DC 20224. National Cooperative Research and
Service, 2345 Crystal Drive, Suite 400, Production Act of 1993, 15 U.S.C. 4301
Arlington, VA 22202, on Thursday, July Dated: June 13, 2016. et seq. (‘‘the Act’’), The Open Group,
14, 2016, from 9:00 a.m. to 5:00 p.m., Patrick W. McDonough, L.L.C. (‘‘TOG’’) has filed written
and Friday, July 15, 2016, from 8:30 Executive Director, Joint Board for the notifications simultaneously with the
a.m. to 5:00 p.m. Enrollment of Actuaries. Attorney General and the Federal Trade
The purpose of the meeting is to [FR Doc. 2016–14542 Filed 6–20–16; 8:45 am] Commission disclosing changes in its
discuss topics and questions that may BILLING CODE 4830–01–P membership. The notifications were
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Document Created: 2016-06-21 01:30:36
Document Modified: 2016-06-21 01:30:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, (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, (202) 205-2000. General information concerning the Commission may also be obtained 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 at (202) 205-1810. | |
| FR Citation | 81 FR 40348 |
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