82 FR 12466 - Certain Digital Television Set-Top Boxes, Remote Control Devices, and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 41 (March 3, 2017)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 26, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of OpenTV, Inc. of Mountain View, California; Nagra USA, Inc. of San Francisco, California; Nagravision SA of Switzerland; and Kudelski SA of Switzerland. A supplement was filed on February 13, 2017. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital television set-top boxes, remote control devices, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,345,389 (``the '389 patent''); U.S. Patent No. 7,028,327 (``the '327 patent''); and U.S. Patent No. 7,725,720 (``the '720 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established 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 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12466-12467]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04099]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1041]


Certain Digital Television Set-Top Boxes, Remote Control Devices, 
and Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 26, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of OpenTV, Inc. of 
Mountain View, California; Nagra USA, Inc. of San Francisco, 
California; Nagravision SA of Switzerland; and Kudelski SA of 
Switzerland. A supplement was filed on February 13, 2017. The complaint 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain digital television set-top boxes, 
remote control devices, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 6,345,389 (``the '389 
patent''); U.S. Patent No. 7,028,327 (``the '327 patent''); and U.S. 
Patent No. 7,725,720 (``the '720 patent''). The complaint further 
alleges that an industry in the United States exists or is in the 
process of being established 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, 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2016).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 27, 2017, 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 
television set-top boxes, remote control devices, and components 
thereof by reason of infringement of one or more of claims 1, 2, 9-11, 
and 13-16 of the '389 patent; claims 13 and 36 of the '327 patent; and 
claims 1, 2, 5, and 8 of the '720 patent, and whether an industry in 
the United States exists or is in the process of being established 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

[[Page 12467]]

this notice of investigation shall be served:
    (a) The complainants are:

OpenTV, Inc., 485 Clyde Avenue, Mountain View, CA 94043
Nagra USA, Inc., 275 Sacramento Street, San Francisco, CA 94111
Nagravision SA, 22-24, Route de Gen[egrave]ve, 1033 Cheseaux-sur-
Lausanne, Switzerland
Kudelski SA, 22-24, Route de Gen[egrave]ve, 1033 Cheseaux-sur-Lausanne, 
Switzerland

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

Comcast Corporation, One Comcast Center, 1701 John F. Kennedy 
Boulevard, Philadelphia, Pennsylvania 19103
Comcast Cable Communications, LLC, One Comcast Center, 1701 John F. 
Kennedy Boulevard, Philadelphia, PA 19103
Comcast Cable Communications Management, LLC, One Comcast Center, 1701 
John F. Kennedy Blvd., Philadelphia, PA 19103
Comcast Business Communications, LLC, One Comcast Center, 1701 John F. 
Kennedy Blvd., Philadelphia, PA 19103
Comcast STB Software I, LLC, 1201 N. Market Street, Suite 1000, 
Wilmington, Delaware 19801
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 LLC, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Solutions, Inc., 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Global Ltd. (formerly Pace Ltd.), Victoria Road, Saltaire, West 
Yorkshire BD18 3LF, England
Pace Americas, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Pace USA, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Universal Electronics Inc., 201 E. Sandpointe Avenue, Santa Ana, CA 
92707
Gemstar Technology (China) Co. Ltd., Gemstar Industrial Park, No. 45, 
Zhong'Er Section, Shinguang Road, Guangzhou, Guangdong, 511495 China
Gemstar Technology (Qinzhou) Co. Ltd., Hedong Industrial Park, Qinzhou, 
Guangxi Province, 535000 China
Gemstar Technology (Yangzhou) Co. Ltd., 1 Junsheng Road Industry Park, 
Fanshui Industrial Zone, Baoying, Yanzhou, 225800 China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: February 27, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04099 Filed 3-2-17; 8:45 am]
BILLING CODE 7020-02-P