82 FR 17688 - Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range		17688-17689
FR Document		2017-07322

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 7, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Broadcom Corporation of Irvine, California. A letter supplementing the complaint was filed on March 22, 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 semiconductor devices and consumer audiovisual products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,284,844 (``the '844 patent''); U.S. Patent No. 7,590,059 (``the '059 patent''); U.S. Patent No. 8,068,171 (``the '171 patent''); U.S. Patent No. 7,310,104 (``the '104 patent''); and U.S. Patent No. 7,342,967 (``the '967 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests 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 69 (Wednesday, April 12, 2017)

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17688-17689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07322]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1047]


Certain Semiconductor Devices and Consumer Audiovisual Products 
Containing the Same 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 March 7, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Broadcom 
Corporation of Irvine, California. A letter supplementing the complaint 
was filed on March 22, 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 semiconductor devices and consumer audiovisual 
products containing the same by reason of infringement of certain 
claims of U.S. Patent No. 8,284,844 (``the '844 patent''); U.S. Patent 
No. 7,590,059 (``the '059 patent''); U.S. Patent No. 8,068,171 (``the 
'171 patent''); U.S. Patent No. 7,310,104 (``the '104 patent''); and 
U.S. Patent No. 7,342,967 (``the '967 patent''). The complaint further 
alleges that an industry in the United States exists as required by the 
applicable Federal Statute.
    The complainant requests 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 the Secretary, Docket 
Services Division, 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, 
19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR. 210.10 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 6, 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 
semiconductor devices and consumer audiovisual products containing the 
same by reason of infringement of one or more of claims 1-14 of the 
'844 patent; claims 11-30 of the '059 patent; claims 1-5 and 7 of the 
'171 patent; claims 1, 10, 11, 16, 17 and 22 of the '104 patent; and 
claims 1-4 of the '967 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 complainant is:
Broadcom Corporation, 5300 California Avenue, Irvine, CA 92617
    (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:

MediaTek Inc., No. 1, Dusing 1st Road, Hsinchu Science Park, Hsinchu 
City 30078, Taiwan
MediaTek USA Inc., 2840 Junction Avenue, San Jose, CA 95134
MStar Semiconductor Inc., 4F-1, No. 26, Tai-Yuan Street, ChuPei Hsinchu 
Hsien 302, Taiwan
Sigma Designs, Inc., 47467 Fremont Boulevard, Fremont, CA 94538
LG Electronics Inc., Twin Tower 128, Seoul 150-721, Republic of Korea
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632
Funai Electric Company, Ltd., 7-7-1 Nakagaito, Daito City, Osaka 574-
0013, Japan
Funai Corporation, Inc., 201 Route 17 North, Suite 903, Rutherford, NJ 
07070
P&F USA, Inc., 2555 Marconi Drive, Suite 300, Alpharetta, GA 30005
Vizio, Inc., 39 Tesla, Irvine, CA 92618

    (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 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

[[Page 17689]]

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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07322 Filed 4-11-17; 8:45 am]
 BILLING CODE 7020-02-P

17688 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

(3) For the investigation so instituted, alleges violations of section 337 based or the sale within the United States after
the Chief Administrative Law Judge, upon the importation into the United importation of certain semiconductor
U.S. International Trade Commission, States, the sale for importation, and the devices and consumer audiovisual
shall designate the presiding sale within the United States after products containing the same by reason
Administrative Law Judge. importation of certain semiconductor of infringement of one or more of claims
Responses to the complaint and the devices and consumer audiovisual 1–14 of the ’844 patent; claims 11–30 of
notice of investigation must be products containing the same by reason the ’059 patent; claims 1–5 and 7 of the
submitted by the named respondents in of infringement of certain claims of U.S. ’171 patent; claims 1, 10, 11, 16, 17 and
accordance with section 210.13 of the Patent No. 8,284,844 (‘‘the ’844 patent’’); 22 of the ’104 patent; and claims 1–4 of
Commission’s Rules of Practice and U.S. Patent No. 7,590,059 (‘‘the ’059 the ’967 patent, and whether an
Procedure, 19 CFR 210.13. Pursuant to patent’’); U.S. Patent No. 8,068,171 (‘‘the industry in the United States exists as
19 CFR 201.16(e) and 210.13(a), such ’171 patent’’); U.S. Patent No. 7,310,104 required by subsection (a)(2) of section
responses will be considered by the (‘‘the ’104 patent’’); and U.S. Patent No. 337;
Commission if received not later than 20 7,342,967 (‘‘the ’967 patent’’). The (2) For the purpose of the
days after the date of service by the complaint further alleges that an investigation so instituted, the following
Commission of the complaint and the industry in the United States exists as are hereby named as parties upon which
notice of investigation. Extensions of required by the applicable Federal this notice of investigation shall be
time for submitting responses to the Statute. served:
complaint and the notice of The complainant requests that the (a) The complainant is:
investigation will not be granted unless Commission institute an investigation Broadcom Corporation, 5300 California
good cause therefor is shown. and, after the investigation, issue a Avenue, Irvine, CA 92617
Failure of a respondent to file a timely limited exclusion order and cease and (b) The respondents are the following
response to each allegation in the desist orders. entities alleged to be in violation of
complaint and in this notice may be ADDRESSES: The complaint, except for section 337, and are the parties upon
deemed to constitute a waiver of the any confidential information contained which the complaint is to be served:
right to appear and contest the therein, is available for inspection MediaTek Inc., No. 1, Dusing 1st Road,
allegations of the complaint and this during official business hours (8:45 a.m. Hsinchu Science Park, Hsinchu City
notice, and to authorize the to 5:15 p.m.) in the Office of the 30078, Taiwan
administrative law judge and the Secretary, U.S. International Trade MediaTek USA Inc., 2840 Junction
Commission, without further notice to Commission, 500 E Street SW., Room Avenue, San Jose, CA 95134
the respondent, to find the facts to be as 112, Washington, DC 20436, telephone MStar Semiconductor Inc., 4F–1, No.
alleged in the complaint and this notice (202) 205–2000. Hearing impaired 26, Tai-Yuan Street, ChuPei Hsinchu
and to enter an initial determination individuals are advised that information Hsien 302, Taiwan
and a final determination containing on this matter can be obtained by Sigma Designs, Inc., 47467 Fremont
such findings, and may result in the contacting the Commission’s TDD Boulevard, Fremont, CA 94538
issuance of an exclusion order or a cease terminal on (202) 205–1810. Persons LG Electronics Inc., Twin Tower 128,
and desist order or both directed against with mobility impairments who will Seoul 150–721, Republic of Korea
the respondent. need special assistance in gaining access LG Electronics U.S.A., Inc., 1000 Sylvan
By order of the Commission. to the Commission should contact the Avenue, Englewood Cliffs, NJ 07632
Issued: April 6, 2017. Office of the Secretary at (202) 205– Funai Electric Company, Ltd., 7–7–1
Lisa R. Barton, 2000. General information concerning Nakagaito, Daito City, Osaka 574–
the Commission may also be obtained 0013, Japan
Secretary to the Commission.
by accessing its internet server at Funai Corporation, Inc., 201 Route 17
[FR Doc. 2017–07319 Filed 4–11–17; 8:45 am]
https://www.usitc.gov. The public North, Suite 903, Rutherford, NJ
BILLING CODE 7020–02–P
record for this investigation may be 07070
viewed on the Commission’s electronic P&F USA, Inc., 2555 Marconi Drive,
docket (EDIS) at https://edis.usitc.gov. Suite 300, Alpharetta, GA 30005
INTERNATIONAL TRADE
FOR FURTHER INFORMATION CONTACT: The Vizio, Inc., 39 Tesla, Irvine, CA 92618
COMMISSION
Office of the Secretary, Docket Services (3) For the investigation so instituted,
[Investigation No. 337–TA–1047] Division, U.S. International Trade the Chief Administrative Law Judge,
Commission, telephone (202) 205–1802. U.S. International Trade Commission,
Certain Semiconductor Devices and shall designate the presiding
Consumer Audiovisual Products Authority: The authority for institution of
this investigation is contained in section 337 Administrative Law Judge.
Containing the Same Institution of The Office of Unfair Import
of the Tariff Act of 1930, as amended, 19
Investigation Investigations will not participate as a
U.S.C. 1337, and in section 210.10 of the
AGENCY: U.S. International Trade Commission’s Rules of Practice and party in this investigation.
Commission. Procedure, 19 CFR. 210.10 (2017). Responses to the complaint and the
ACTION: Notice. Scope of Investigation: Having notice of investigation must be
considered the complaint, the U.S. submitted by the named respondents in
SUMMARY: Notice is hereby given that a International Trade Commission, on accordance with section 210.13 of the
complaint was filed with the U.S. April 6, 2017, ordered that— Commission’s Rules of Practice and
mstockstill on DSK30JT082PROD with NOTICES

International Trade Commission on (1) Pursuant to subsection (b) of Procedure, 19 CFR 210.13. Pursuant to
March 7, 2017, under section 337 of the section 337 of the Tariff Act of 1930, as 19 CFR. 201.16(e) and 210.13(a), such
Tariff Act of 1930, as amended, on amended, an investigation be instituted responses will be considered by the
behalf of Broadcom Corporation of to determine whether there is a Commission if received not later than 20
Irvine, California. A letter violation of subsection (a)(1)(B) of days after the date of service by the
supplementing the complaint was filed section 337 in the importation into the Commission of the complaint and the
on March 22, 2017. The complaint United States, the sale for importation, notice of investigation. Extensions of

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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 17689

time for submitting responses to the inspection during official business a violation of section 337 pursuant to
complaint and the notice of hours (8:45 a.m. to 5:15 p.m.) in the section 337(g)(2) and Commission Rule
investigation will not be granted unless Office of the Secretary, U.S. 210.16(c)(2) to support its request for
good cause therefor is shown. International Trade Commission, 500 E entry of a general exclusion order with
Failure of a respondent to file a timely Street SW., Washington, DC 20436, respect to all asserted intellectual
response to each allegation in the telephone (202) 205–2000. General property. OUII filed a response in
complaint and in this notice may be information concerning the Commission support of the motion.
deemed to constitute a waiver of the may also be obtained by accessing its On May 10, 2016, the Commission
right to appear and contest the Internet server at https://www.usitc.gov. issued notice of its determination not to
allegations of the complaint and this The public record for this investigation review the ALJ’s ID (Order No. 6)
notice, and to authorize the may be viewed on the Commission’s finding the following seven respondents
administrative law judge and the electronic docket (EDIS) at https:// in default: Junxing Sports, Forever Best,
Commission, without further notice to edis.usitc.gov. Hearing-impaired Linkboy Outdoor, Zowaysoon Trading,
the respondent, to find the facts to be as persons are advised that information on Zhongxinyuan Industry, IRQ Trading,
alleged in the complaint and this notice this matter can be obtained by and Paiao Trade. On June 23, 2016, the
and to enter an initial determination contacting the Commission’s TDD Commission issued notice of its
and a final determination containing terminal on (202) 205–1810. determination not to review the ALJ’s ID
such findings, and may result in the SUPPLEMENTARY INFORMATION: The
(Order No. 8) finding Xinhongyou
issuance of an exclusion order or a cease Industrial in default. On June 28, 2016,
Commission instituted this investigation
and desist order or both directed against the Commission issued notice of its
on December 22, 2015, based on a
the respondent. determination not to review the ALJ’s ID
complaint filed on behalf of FeraDyne
(Order No. 9) terminating the
By order of the Commission. Outdoors LLC and Out RAGE LLC, both
investigation as to (1) Faith Sports based
Issued: April 6, 2017. of Cartersville, Georgia. 80 FR 79612–
on withdrawal of the complaint as to
Lisa R. Barton, 13. The complaint, as supplemented,
Faith Sports; and (2) claims 2–3, 5, and
Secretary to the Commission. alleged violations of section 337 of the
8 of the ’545 patent; claims 5 and 10 of
[FR Doc. 2017–07322 Filed 4–11–17; 8:45 am] Tariff Act of 1930, as amended, 19
the ’298 patent; claim 3 of the ’176
U.S.C. 1337, based upon the importation
BILLING CODE 7020–02–P patent; claim 8 of the ’141 patent; and
into the United States, the sale for claim 3 of the ’806 patent based on
importation, and the sale within the withdrawal of these patent claims
INTERNATIONAL TRADE United States after importation of against all named respondents.
COMMISSION certain arrowheads with deploying The ALJ issued the subject ID on
blades and components thereof and August 22, 2016, granting complainants’
[Investigation No. 337–TA–977] packaging therefor by reason of motion for summary determination. The
Certain Arrowheads With Deploying infringement of certain claims of U.S. ALJ found that all eight defaulting
Blades and Components Thereof and Patent Nos. RE44,144 (‘‘the ’144 respondents met the importation
Packaging Therefor; Final Commission patent’’); 6,517,454 (‘‘the ’454 patent’’); requirement and that complainants
Determination of Violation; Issuance of 8,758,176 (‘‘the ’176 patent’’); 8,986,141 satisfied the domestic industry
a General Exclusion Order and a Cease (‘‘the ’141 patent’’); 9,068,806 (‘‘the ’806 requirement. See 19 U.S.C.
and Desist Order; and Termination of patent’’); 7,771,298 (‘‘the ’298 patent’’); 1337(a)(1)(B), (a)(2). The ID finds that a
the Investigation D710,962 (‘‘the D’962 patent’’); violation of section 337 has occurred
D711,489 (‘‘the D’489 patent’’); and of based on its finding that each of the
AGENCY: U.S. International Trade U.S. Trademark Registration No. defaulting respondents’ accused
Commission. 4,812,058 (‘‘the RAGE mark’’). The products infringe one or more of the
ACTION: Notice. complaint further alleged the existence asserted claims of the patents at issue
of a domestic industry. The and infringe the trademark at issue as
SUMMARY: Notice is hereby given that Commission’s notice of investigation established by substantial, reliable, and
the U.S. International Trade named the following nine respondents: probative evidence in accordance with
Commission has terminated the above- Zowaysoon Trading; Linyi Junxing Commission Rule 210.16(c)(2). No
captioned investigation with a finding Sports Equipment Co., Ltd. (‘‘Junxing petitions for review of the ID were filed.
of violation of section 337, and has Sports’’) of Shandong, China; Ningbo The ID also contained the ALJ’s
issued a general exclusion order Forever Best Import & Export Co., Ltd. recommended determination on remedy
directed against infringing arrowheads (‘‘Forever Best’’) of Jiangsu, China; and bonding. The ALJ recommended
with deploying blades and components Ningbo Linkboy Outdoor Sports Co., issuance of a general exclusion order
thereof and packaging therefor, and a Ltd. (‘‘Linkboy Outdoor’’) of Zhejiang, with respect to the asserted intellectual
cease and desist order directed against China; Xiamen Xinhongyou Industrial property, but did not recommend
respondent Shenzhen Zowaysoon Trade Co. Ltd. (‘‘Xinhongyou issuance of cease and desist orders
Trading Company Ltd. (‘‘Zowaysoon Industrial’’) and Xiamen Zhongxinyuan directed against the defaulting
Trading’’) of Shenzhen, China. The Industry & Trade Ltd. (‘‘Zhongxinyuan respondents.
Commission has terminated the Industry’’), both of Fujian, China; and On October 6, 2016, the Commission
investigation. Zhengzhou IRQ Trading Limited issued notice of its determination to
FOR FURTHER INFORMATION CONTACT: Company (‘‘IRQ Trading’’) and review in part the ALJ’s ID. On review,
mstockstill on DSK30JT082PROD with NOTICES

Clint Gerdine, Esq., Office of the Zhengzhou Paiao Trade Co., Ltd. the Commission (1) corrected
General Counsel, U.S. International (‘‘Paiao Trade’’), both of Henan, China. typographical errors on pages 14, 18,
Trade Commission, 500 E Street SW., The Office of Unfair Import and 24 of the ID; (2) modified page 8 of
Washington, DC 20436, telephone (202) Investigations (‘‘OUII’’) is also a party to the ID; and (3) determined to take no
708–2310. Copies of non-confidential the investigation. position on the ID’s finding that
documents filed in connection with this On April 28, 2016, complainants filed complainants satisfy the economic
investigation are or will be available for a motion for summary determination of prong of the domestic industry

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Document Created: 2017-04-12 00:23:11
Document Modified: 2017-04-12 00:23:11

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 the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		82 FR 17688