82 FR 18310 - Certain Digital Cable and Satellite Products, Set-Top Boxes, Gateways and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 73 (April 18, 2017)

Page Range		18310-18311
FR Document		2017-07733

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 10, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sony Corporation of Japan and Sony Electronics Inc. of San Diego, California. A letter supplementing the complaint was filed on March 28, 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 cable and satellite products, set-top boxes, gateways, and components thereof by reason of infringement of certain claims of U.S. Patent No. RE45,126 (``the '126 patent''); U.S. Patent No. 6,467,093 (``the '093 patent''); U.S. Patent No. 8,032,919 (``the '919 patent''); U.S. Patent No. 6,556,221 (``the '221 patent''); and U.S. Patent No. 6,915,525 (``the '525 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 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 73 (Tuesday, April 18, 2017)

[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Notices]
[Pages 18310-18311]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07733]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1049]


Certain Digital Cable and Satellite Products, Set-Top Boxes, 
Gateways 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 March 10, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Sony 
Corporation of Japan and Sony Electronics Inc. of San Diego, 
California. A letter supplementing the complaint was filed on March 28, 
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 
cable and satellite products, set-top boxes, gateways, and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
RE45,126 (``the '126 patent''); U.S. Patent No. 6,467,093 (``the '093 
patent''); U.S. Patent No. 8,032,919 (``the '919 patent''); U.S. Patent 
No. 6,556,221 (``the '221 patent''); and U.S. Patent No. 6,915,525 
(``the '525 patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute.
    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, 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 11, 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 
cable and satellite products, set-top boxes, gateways, and components 
thereof by reason of infringement of one or more of claim 26 of the 
'126 patent; claims 1, 3, and 8 of the '093 patent; claims 1-16 of the 
'919 patent; claims 1-6 and 12-16 of the '221 patent; and claims 1, 3-
5, 7, 8, 34, 36, and 37 of the '525 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding Administrative Law Judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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:

Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo, 108-0075, Japan
Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127

    (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:

ARRIS International plc, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Group, Inc., 3871 Lakefield Drive, Suwanee, GA 30024

[[Page 18311]]

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 Americas Holdings, Inc., 3701 FAU Boulevard, Suite 200, Boca 
Raton, FL 33431
Pace USA LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Pace Americas Investments LLC, 3701 FAU Boulevard, Suite 200, Boca 
Raton, FL 33431

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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: April 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07733 Filed 4-17-17; 8:45 am]
 BILLING CODE 7020-02-P

18310 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices

connection with their presentation at INTERNATIONAL TRADE viewed on the Commission’s electronic
the conference. All written submissions COMMISSION docket (EDIS) at https://edis.usitc.gov.
must conform with the provisions of FOR FURTHER INFORMATION CONTACT: The
[Investigation No. 337–TA–1049]
section 201.8 of the Commission’s rules; Office of Unfair Import Investigations,
any submissions that contain BPI must Certain Digital Cable and Satellite U.S. International Trade Commission,
also conform with the requirements of Products, Set-Top Boxes, Gateways telephone (202) 205–2560.
sections 201.6, 207.3, and 207.7 of the and Components Thereof; Institution Authority: The authority for
Commission’s rules. The Commission’s of Investigation institution of this investigation is
Handbook on E-Filing, available on the contained in section 337 of the Tariff
Commission’s Web site at https:// AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. 1337
edis.usitc.gov, elaborates upon the Commission. and in section 210.10 of the
Commission’s rules with respect to ACTION: Notice. Commission’s Rules of Practice and
electronic filing. Procedure, 19 CFR 210.10 (2017).
SUMMARY: Notice is hereby given that a Scope of Investigation: Having
In accordance with sections 201.16(c) complaint was filed with the U.S. considered the complaint, the U.S.
and 207.3 of the rules, each document International Trade Commission on International Trade Commission, on
filed by a party to the investigations March 10, 2017, under section 337 of April 11, 2017, ordered that—
must be served on all other parties to the Tariff Act of 1930, as amended, on (1) Pursuant to subsection (b) of
the investigations (as identified by behalf of Sony Corporation of Japan and section 337 of the Tariff Act of 1930, as
either the public or BPI service list), and Sony Electronics Inc. of San Diego, amended, an investigation be instituted
a certificate of service must be timely California. A letter supplementing the to determine whether there is a
filed. The Secretary will not accept a complaint was filed on March 28, 2017. violation of subsection (a)(1)(B) of
document for filing without a certificate The complaint alleges violations of section 337 in the importation into the
of service. section 337 based upon the importation United States, the sale for importation,
into the United States, the sale for or the sale within the United States after
Certification.—Pursuant to section
importation, and the sale within the importation of certain digital cable and
207.3 of the Commission’s rules, any
United States after importation of satellite products, set-top boxes,
person submitting information to the certain digital cable and satellite gateways, and components thereof by
Commission in connection with these products, set-top boxes, gateways, and reason of infringement of one or more of
investigations must certify that the components thereof by reason of claim 26 of the ’126 patent; claims 1, 3,
information is accurate and complete to infringement of certain claims of U.S. and 8 of the ’093 patent; claims 1–16 of
the best of the submitter’s knowledge. In Patent No. RE45,126 (‘‘the ’126 patent’’); the ’919 patent; claims 1–6 and 12–16
making the certification, the submitter U.S. Patent No. 6,467,093 (‘‘the ’093 of the ’221 patent; and claims 1, 3–5, 7,
will acknowledge that any information patent’’); U.S. Patent No. 8,032,919 (‘‘the 8, 34, 36, and 37 of the ’525 patent, and
that it submits to the Commission ’919 patent’’); U.S. Patent No. 6,556,221 whether an industry in the United
during these investigations may be (‘‘the ’221 patent’’); and U.S. Patent No. States exists as required by subsection
disclosed to and used: (i) By the 6,915,525 (‘‘the ’525 patent’’). The (a)(2) of section 337;
Commission, its employees and Offices, complaint further alleges that an (2) Pursuant to Commission Rule
and contract personnel (a) for industry in the United States exists as 210.50(b)(1), 19 CFR 210.50(b)(1), the
developing or maintaining the records required by the applicable Federal presiding Administrative Law Judge
of these or related investigations or Statute. shall take evidence or other information
reviews, or (b) in internal investigations, The complainants request that the and hear arguments from the parties or
audits, reviews, and evaluations relating Commission institute an investigation other interested persons with respect to
to the programs, personnel, and and, after the investigation, issue a the public interest in this investigation,
operations of the Commission including limited exclusion order and cease and as appropriate, and provide the
under 5 U.S.C. Appendix 3; or (ii) by desist orders. Commission with findings of fact and a
U.S. government employees and ADDRESSES: The complaint, except for recommended determination on this
contract personnel, solely for any confidential information contained issue, which shall be limited to the
therein, is available for inspection statutory public interest factors set forth
cybersecurity purposes. All contract
during official business hours (8:45 a.m. in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
personnel will sign appropriate (3) For the purpose of the
nondisclosure agreements. to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade investigation so instituted, the following
Authority: These investigations are being Commission, 500 E Street SW., Room are hereby named as parties upon which
conducted under authority of title VII of the 112, Washington, DC 20436, telephone this notice of investigation shall be
Tariff Act of 1930; this notice is published (202) 205–2000. Hearing impaired served:
pursuant to section 207.12 of the individuals are advised that information (a) The complainants are:
Commission’s rules. Sony Corporation, 1–7–1 Konan,
on this matter can be obtained by
By order of the Commission. contacting the Commission’s TDD Minato-ku, Tokyo, 108–0075, Japan
Issued: April 12, 2017. terminal on (202) 205–1810. Persons Sony Electronics Inc., 16530 Via
with mobility impairments who will Esprillo, San Diego, CA 92127
Lisa R. Barton,
need special assistance in gaining access (b) The respondents are the following
sradovich on DSK3GMQ082PROD with NOTICES

Secretary to the Commission. entities alleged to be in violation of
to the Commission should contact the
[FR Doc. 2017–07749 Filed 4–17–17; 8:45 am] section 337, and are the parties upon
Office of the Secretary at (202) 205–
BILLING CODE 7020–02–P 2000. General information concerning which the complaint is to be served:
the Commission may also be obtained ARRIS International plc, 3871 Lakefield
by accessing its internet server at Drive, Suwanee, GA 30024
https://www.usitc.gov. The public ARRIS Group, Inc., 3871 Lakefield
record for this investigation may be Drive, Suwanee, GA 30024

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Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices 18311

ARRIS Technology, Inc., 101 Issued: April 12, 2017. —Evaluate whether and if so how the
Tournament Drive, Horsham, PA Lisa R. Barton, quality, utility, and clarity of the
19044 Secretary to the Commission. information to be collected can be
ARRIS Enterprises LLC, 3871 Lakefield [FR Doc. 2017–07733 Filed 4–17–17; 8:45 am] enhanced; and
Drive, Suwanee, GA 30024 BILLING CODE 7020–02–P
—Minimize the burden of the collection
of information on those who are to
ARRIS Solutions, Inc., 3871 Lakefield respond, including through the use of
Drive, Suwanee, GA 30024 appropriate automated, electronic,
ARRIS Global Ltd. (formerly Pace Ltd.), DEPARTMENT OF JUSTICE mechanical, or other technological
Victoria Road, Saltaire, West Federal Bureau of Investigation collection techniques or other forms
Yorkshire BD18 3LF, England of information technology, e.g.,
Pace Americas, LLC, 3701 FAU [OMB Number 1110–0057] permitting electronic submission of
Boulevard, Suite 200, Boca Raton, FL responses.
Agency Information Collection
33431 Overview of this information
Activities; Proposed eCollection
Pace Americas Holdings, Inc., 3701 FAU collection:
eComments Requested; Extension 1. Type of Information Collection:
Boulevard, Suite 200, Boca Raton, FL Without Change, of a Previously
33431 Extension of a currently approved
Approved Collection; Uniform Crime collection.
Pace USA LLC, 3701 FAU Boulevard, Reporting Data Collection Instrument 2. The Title of the Form/Collection:
Suite 200, Boca Raton, FL 33431 Pretesting and Burden Estimation Uniform Crime Reporting Data
General Clearance Collection Instrument Pretesting and
Pace Americas Investments LLC, 3701
FAU Boulevard, Suite 200, Boca AGENCY: Federal Bureau of Burden Estimation General Clearance.
Raton, FL 33431 Investigation, Department of Justice. 3. The agency form number, if any,
ACTION: 60-Day notice.
and the applicable component of the
(c) The Office of Unfair Import Department sponsoring the collection:
Investigations, U.S. International Trade The form number is 1110–0057. The
SUMMARY: The Department of Justice
Commission, 500 E Street SW., Suite applicable component within the
(DOJ), Federal Bureau of Investigation
401, Washington, DC 20436; and Department of Justice is the Criminal
(FBI), Criminal Justice Information
(4) For the investigation so instituted, Services Division (CJIS), will be Justice Information Services Division, in
the Chief Administrative Law Judge, submitting the following information the Federal Bureau of Investigation.
U.S. International Trade Commission, collection request to the Office of 4. Affected public who will be asked
shall designate the presiding Management and Budget (OMB) for or required to respond, as well as a brief
Administrative Law Judge. review and approval in accordance with abstract: Primary: City, county, state,
Responses to the complaint and the the Paperwork Reduction Act of 1995. tribal and federal law enforcement
notice of investigation must be DATES: Comments are encouraged and agencies. Abstract: This clearance
submitted by the named respondents in will be accepted for 60 days until June provides the UCR Program the ability to
accordance with section 210.13 of the 19, 2017. conduct pretests which evaluate the
Commission’s Rules of Practice and validity and reliability of information
FOR FURTHER INFORMATION CONTACT: All
Procedure, 19 CFR 210.13. Pursuant to collection instruments and determine
comments, suggestions, or questions the level of burden state and local
19 CFR 201.16(e) and 210.13(a), such regarding additional information, to
responses will be considered by the agencies have in reporting crime data to
include obtaining a copy of the the FBI. The Paperwork Reduction Act
Commission if received not later than 20 proposed information collection
days after the date of service by the only allows for nine respondents in
instrument with instructions, should be pretesting activities. This clearance
Commission of the complaint and the directed to Mrs. Amy C. Blasher, Unit
notice of investigation. Extensions of request expands the pretesting sample
Chief, Federal Bureau of Investigation, to 30 people for each of the twelve
time for submitting responses to the Criminal Information Services Division,
complaint and the notice of information collections administered by
Module E–3, 1000 Custer Hollow Road, the UCR Program. Further, the clearance
investigation will not be granted unless Clarksburg, West Virginia 26306;
good cause therefor is shown. will allow for a brief 5-minute cost and
facsimile (304) 625–3566. burden assessment for the 18,000 law
Failure of a respondent to file a timely SUPPLEMENTARY INFORMATION: Written enforcement agencies participating in
response to each allegation in the comments and suggestions from the the UCR Program.
complaint and in this notice may be public and affected agencies concerning 5. An estimate of the total number of
deemed to constitute a waiver of the the proposed collection of information respondents and the amount of time
right to appear and contest the are encouraged. Your comments should estimated for an average respondent to
allegations of the complaint and this address one or more of the following respond: UCR Participation Burden
notice, and to authorize the four points: Estimation: There are approximately
administrative law judge and the —Evaluate whether the proposed 18,000 law enforcement respondents;
Commission, without further notice to collection of information is necessary calculated estimates indicate five
the respondent, to find the facts to be as for the proper performance of the minutes per submission. UCR Form
alleged in the complaint and this notice functions of the Federal Bureau of Pretesting: There are approximately 300
sradovich on DSK3GMQ082PROD with NOTICES

and to enter an initial determination Investigation, including whether the respondents; calculated estimates
and a final determination containing information will have practical utility; indicate one hour per pretest.
such findings, and may result in the —Evaluate the accuracy of the agency’s 6. An estimate of the total public
issuance of an exclusion order or a cease estimate of the burden of the burden (in hours) associated with the
and desist order or both directed against proposed collection of information, collection: There are approximately
the respondent. including the validity of the 1,800 hours, annual burden, associated
By order of the Commission. methodology and assumptions used; with this information collection.

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Document Created: 2017-04-18 00:00:31
Document Modified: 2017-04-18 00:00:31

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 18310