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)

Page Range		12466-12467
FR Document		2017-04099

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 Issue 41 (Friday, March 3, 2017)

[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

12466 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices

Tariff Act of 1930 (19 U.S.C. Commission’s Web site at https:// of being established as required by
1675(c)(3)).2 edis.usitc.gov. subsection (a)(2) of section 337.
For further information concerning In accordance with sections 201.16(c) The complainants request that the
the conduct of this review and rules of and 207.3 of the rules, each document Commission institute an investigation
general application, consult the filed by a party to the review must be and, after the investigation, issue a
Commission’s Rules of Practice and served on all other parties to the review limited exclusion order and cease and
Procedure, part 201, subparts A and B (as identified by either the public or BPI desist orders.
(19 CFR part 201), and part 207, service list), and a certificate of service ADDRESSES: The complaint, except for
subparts A, D, E, and F (19 CFR part must be timely filed. The Secretary will any confidential information contained
207). not accept a document for filing without therein, is available for inspection
a certificate of service. during official business hours (8:45 a.m.
Staff report.—A staff report Determination.—The Commission has to 5:15 p.m.) in the Office of the
containing information concerning the determined this review to be Secretary, U.S. International Trade
subject matter of the review will be extraordinarily complicated and Commission, 500 E Street SW., Room
placed in the nonpublic record on May therefore has determined to exercise its 112, Washington, DC 20436, telephone
18, 2017, and made available to persons authority to extend the review period by (202) 205–2000. Hearing impaired
on the Administrative Protective Order up to 90 days pursuant to 19 U.S.C. individuals are advised that information
service list for this review. A public 1675(c)(5)(B). on this matter can be obtained by
version will be issued thereafter, Authority: This review is being conducted contacting the Commission’s TDD
pursuant to section 207.62(d)(4) of the under authority of title VII of the Tariff Act terminal on (202) 205–1810. Persons
Commission’s rules. of 1930; this notice is published pursuant to with mobility impairments who will
Written submissions.—As provided in section 207.62 of the Commission’s rules. need special assistance in gaining access
section 207.62(d) of the Commission’s By order of the Commission. to the Commission should contact the
rules, interested parties that are parties Issued: February 28, 2017. Office of the Secretary at (202) 205–
to the review and that have provided Lisa R. Barton, 2000. General information concerning
individually adequate responses to the Secretary to the Commission. the Commission may also be obtained
notice of institution,3 and any party by accessing its internet server at
[FR Doc. 2017–04156 Filed 3–2–17; 8:45 am]
other than an interested party to the https://www.usitc.gov. The public
BILLING CODE 7020–02–P
review may file written comments with record for this investigation may be
the Secretary on what determination the viewed on the Commission’s electronic
Commission should reach in the review. INTERNATIONAL TRADE docket (EDIS) at https://edis.usitc.gov.
Comments are due on or before May 23, COMMISSION FOR FURTHER INFORMATION CONTACT: The
2017 and may not contain new factual Office of Unfair Import Investigations,
information. Any person that is neither [Investigation No. 337–TA–1041] U.S. International Trade Commission,
a party to the five-year review nor an telephone (202) 205–2560.
Certain Digital Television Set-Top
interested party may submit a brief Authority: The authority for
Boxes, Remote Control Devices, and
written statement (which shall not institution of this investigation is
Components Thereof; Institution of
contain any new factual information) contained in section 337 of the Tariff
Investigation
pertinent to the review by May 23, 2017. Act of 1930, as amended, and in section
However, should the Department of AGENCY: U.S. International Trade 210.10 of the Commission’s Rules of
Commerce extend the time limit for its Commission. Practice and Procedure, 19 CFR 210.10
completion of the final results of its ACTION: Notice. (2016).
review, the deadline for comments Scope of Investigation: Having
(which may not contain new factual SUMMARY: Notice is hereby given that a considered the complaint, the U.S.
information) on Commerce’s final complaint was filed with the U.S. International Trade Commission, on
results is three business days after the International Trade Commission on February 27, 2017, ordered that—
issuance of Commerce’s results. If January 26, 2017, under section 337 of (1) Pursuant to subsection (b) of
comments contain business proprietary the Tariff Act of 1930, as amended, on section 337 of the Tariff Act of 1930, as
information (BPI), they must conform behalf of OpenTV, Inc. of Mountain amended, an investigation be instituted
with the requirements of sections 201.6, View, California; Nagra USA, Inc. of San to determine whether there is a
207.3, and 207.7 of the Commission’s Francisco, California; Nagravision SA of violation of subsection (a)(1)(B) of
rules. The Commission’s rules with Switzerland; and Kudelski SA of section 337 in the importation into the
respect to filing were revised effective Switzerland. A supplement was filed on United States, the sale for importation,
July 25, 2014. See 79 FR 35920 (June 25, February 13, 2017. The complaint or the sale within the United States after
2014), and the revised Commission alleges violations of section 337 based importation of certain digital television
Handbook on E-filing, available from the upon the importation into the United set-top boxes, remote control devices,
States, the sale for importation, and the and components thereof by reason of
2 Commissioners Johanson and Broadbent voted sale within the United States after infringement of one or more of claims 1,
to conduct a full review. Commissioner Pinkert is importation of certain digital television 2, 9–11, and 13–16 of the ’389 patent;
recused. set-top boxes, remote control devices, claims 13 and 36 of the ’327 patent; and
3 The Commission has found the responses
and components thereof by reason of claims 1, 2, 5, and 8 of the ’720 patent,
mstockstill on DSK3G9T082PROD with NOTICES

submitted by the Committee for Fairly Traded
Japanese Cement, the International Brotherhood of
infringement of certain claims of U.S. and whether an industry in the United
Boilermakers, Iron Ship Builders, Blacksmiths, Patent No. 6,345,389 (‘‘the ’389 patent’’); States exists or is in the process of being
Forgers and Helpers, the Rubber, Manufacturing, U.S. Patent No. 7,028,327 (‘‘the ’327 established as required by subsection
Energy, Allied Industrial and Service Workers patent’’); and U.S. Patent No. 7,725,720 (a)(2) of section 337;
International Union, and the International Union of
Operating Engineers to be individually adequate.
(‘‘the ’720 patent’’). The complaint (2) For the purpose of the
Comments from other interested parties will not be further alleges that an industry in the investigation so instituted, the following
accepted (see 19 CFR 207.62(d)(2)). United States exists or is in the process are hereby named as parties upon which

VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1

Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices 12467

this notice of investigation shall be Fanshui Industrial Zone, Baoying, and scheduling of, a full review
served: Yanzhou, 225800 China pursuant to the Tariff Act of 1930 (‘‘the
(a) The complainants are: (c) The Office of Unfair Import Act’’) to determine whether revocation
OpenTV, Inc., 485 Clyde Avenue, Investigations, U.S. International Trade of the antidumping duty order on cased
Mountain View, CA 94043 Commission, 500 E Street SW., Suite pencils from China would be likely to
Nagra USA, Inc., 275 Sacramento Street, 401, Washington, DC 20436; and lead to continuation or recurrence of
San Francisco, CA 94111 (3) For the investigation so instituted, material injury within a reasonably
Nagravision SA, 22–24, Route de the Chief Administrative Law Judge, foreseeable time. The Commission has
Genève, 1033 Cheseaux-sur-Lausanne, U.S. International Trade Commission, determined to exercise its authority to
Switzerland shall designate the presiding extend the review period by up to 90
Kudelski SA, 22–24, Route de Genève, Administrative Law Judge. days.
1033 Cheseaux-sur-Lausanne, Responses to the complaint and the DATES: Effective Date: February 27,
Switzerland notice of investigation must be 2017.
(b) The respondents are the following submitted by the named respondents in
FOR FURTHER INFORMATION CONTACT:
entities alleged to be in violation of accordance with section 210.13 of the
Jordan Harriman (202–205–2610), Office
section 337, and are the parties upon Commission’s Rules of Practice and
of Investigations, U.S. International
which the complaint is to be served: Procedure, 19 CFR 210.13. Pursuant to Trade Commission, 500 E Street SW.,
19 CFR 201.16(e) and 210.13(a), such Washington, DC 20436. Hearing-
Comcast Corporation, One Comcast
responses will be considered by the impaired persons can obtain
Center, 1701 John F. Kennedy
Commission if received not later than 20 information on this matter by contacting
Boulevard, Philadelphia,
days after the date of service by the the Commission’s TDD terminal on 202–
Pennsylvania 19103
Commission of the complaint and the 205–1810. Persons with mobility
Comcast Cable Communications, LLC,
notice of investigation. Extensions of impairments who will need special
One Comcast Center, 1701 John F.
time for submitting responses to the assistance in gaining access to the
Kennedy Boulevard, Philadelphia, PA
complaint and the notice of Commission should contact the Office
19103
investigation will not be granted unless of the Secretary at 202–205–2000.
Comcast Cable Communications
good cause therefor is shown. General information concerning the
Management, LLC, One Comcast
Failure of a respondent to file a timely Commission may also be obtained by
Center, 1701 John F. Kennedy Blvd.,
response to each allegation in the accessing its Internet server (https://
Philadelphia, PA 19103
complaint and in this notice may be www.usitc.gov). The public record for
Comcast Business Communications,
deemed to constitute a waiver of the this review may be viewed on the
LLC, One Comcast Center, 1701 John
right to appear and contest the Commission’s electronic docket (EDIS)
F. Kennedy Blvd., Philadelphia, PA
allegations of the complaint and this at https://edis.usitc.gov.
19103
notice, and to authorize the
Comcast STB Software I, LLC, 1201 N. SUPPLEMENTARY INFORMATION:
administrative law judge and the Background.—On September 6, 2016,
Market Street, Suite 1000,
Commission, without further notice to the Commission determined that it
Wilmington, Delaware 19801
ARRIS International plc, 3871 Lakefield the respondent, to find the facts to be as should proceed to a full review in the
Drive, Suwanee, GA 30024 alleged in the complaint and this notice subject five-year review pursuant to
ARRIS Group, Inc., 3871 Lakefield and to enter an initial determination section 751(c) of the Tariff Act of 1930
Drive, Suwanee, GA 30024 and a final determination containing (19 U.S.C. 1675(c)). The Commission
ARRIS Technology, Inc., 101 such findings, and may result in the found that the domestic interested party
Tournament Drive, Horsham, PA issuance of an exclusion order or a cease group response to its notice of
19044 and desist order or both directed against institution (81 FR 35059, June 1, 2016)
ARRIS Enterprises LLC, 3871 Lakefield the respondent. was adequate. The Commission found
Drive, Suwanee, GA 30024 By order of the Commission. that the respondent interested party
ARRIS Solutions, Inc., 3871 Lakefield Issued: February 27, 2017. group response was inadequate. The
Drive, Suwanee, GA 30024 Lisa R. Barton, Commission also found that other
ARRIS Global Ltd. (formerly Pace Ltd.), Secretary to the Commission. circumstances warranted conducting a
Victoria Road, Saltaire, West [FR Doc. 2017–04099 Filed 3–2–17; 8:45 am]
full review. A record of the
Yorkshire BD18 3LF, England Commissioners’ votes, the
BILLING CODE 7020–02–P
Pace Americas, LLC, 3701 FAU Commission’s statement on adequacy,
Boulevard, Suite 200, Boca Raton, FL and any individual Commissioner’s
33431 INTERNATIONAL TRADE statements will be available from the
Pace USA, LLC, 3701 FAU Boulevard, COMMISSION Office of the Secretary and at the
Suite 200, Boca Raton, FL 33431 Commission’s Web site. Accordingly, a
Universal Electronics Inc., 201 E. [Investigation No. 731–TA–669 (Fourth full review is being scheduled pursuant
Sandpointe Avenue, Santa Ana, CA Review)] to section 751(c)(5) of the Tariff Act of
92707 1930 (19 U.S.C. 1675(c)(5)).
Gemstar Technology (China) Co. Ltd., Cased Pencils From China; Notice of Participation in the review and public
Gemstar Industrial Park, No. 45, Commission Determination To service list.—Persons, including
Zhong’Er Section, Shinguang Road, Conduct a Full Five-Year Review and industrial users of the subject
mstockstill on DSK3G9T082PROD with NOTICES

Guangzhou, Guangdong, 511495 Scheduling of a Full Five-Year Review merchandise and, if the merchandise is
China AGENCY: United States International sold at the retail level, representative
Gemstar Technology (Qinzhou) Co. Ltd., Trade Commission. consumer organizations, wishing to
Hedong Industrial Park, Qinzhou, ACTION: Notice. participate in this review as parties
Guangxi Province, 535000 China must file an entry of appearance with
Gemstar Technology (Yangzhou) Co. SUMMARY: The Commission hereby gives the Secretary to the Commission, as
Ltd., 1 Junsheng Road Industry Park, notice of its determination to conduct, provided in section 201.11 of the

VerDate Sep<11>2014 16:42 Mar 02, 2017 Jkt 241001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\03MRN1.SGM 03MRN1

Document Created: 2018-02-01 14:45:31
Document Modified: 2018-02-01 14:45:31

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		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 12466