82_FR_27190 82 FR 27078 - Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and Blu-Ray Players; Institution of Investigation

82 FR 27078 - Certain Consumer Electronic Devices, Including Televisions, Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and Blu-Ray Players; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 112 (June 13, 2017)

Page Range27078-27078
FR Document2017-12158

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 9, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of ARRIS Enterprises LLC of Suwanee, Georgia. Supplements were filed on May 26, 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 consumer electronic devices, including televisions, gaming consoles, mobile phones and tablets, and network-enabled DVD and Blu-ray players by reason of infringement of U.S. Patent No. 6,473,858 (``the '858 patent''); U.S. Patent No. 6,934,148 (``the '148 patent''); U.S. Patent No. 7,113,502 (``the '502 patent''); U.S. Patent No. 7,752,564 (``the '564 patent''); U.S. Patent No. 8,300,156 (``the '156 patent''); and U.S. Patent No. 9,521,466 (``the '466 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 112 (Tuesday, June 13, 2017)
[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Page 27078]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12158]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1060]


Certain Consumer Electronic Devices, Including Televisions, 
Gaming Consoles, Mobile Phones and Tablets, and Network-Enabled DVD and 
Blu-Ray Players; 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 May 9, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of ARRIS Enterprises 
LLC of Suwanee, Georgia. Supplements were filed on May 26, 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 consumer electronic 
devices, including televisions, gaming consoles, mobile phones and 
tablets, and network-enabled DVD and Blu-ray players by reason of 
infringement of U.S. Patent No. 6,473,858 (``the '858 patent''); U.S. 
Patent No. 6,934,148 (``the '148 patent''); U.S. Patent No. 7,113,502 
(``the '502 patent''); U.S. Patent No. 7,752,564 (``the '564 patent''); 
U.S. Patent No. 8,300,156 (``the '156 patent''); and U.S. Patent No. 
9,521,466 (``the '466 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 

    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 June 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 consumer 
electronic devices, including televisions, gaming consoles, mobile 
phones and tablets, and network-enabled DVD and Blu-ray players by 
reason of infringement of one or more of claims 29, 33-39, 42, and 43 
of the '858 patent; claims 1, 2, and 4 of the '148 patent; claims 1-6, 
18-21, and 34-37 of the '502 patent; claims 1-6 and 8-22 of the '564 
patent; claims 1-6, 9, and 11-31 of the '156 patent; and claims 1-5, 7, 
8, 12, and 15-17 of the '466 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: ARRIS Enterprises LLC, 3871 Lakefield 
Drive, Suwanee, GA 30024.
    (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:

Sony Corporation, 1-7-1 Konan Minato-ku, Tokyo, 108-0075, Japan
Sony Corporation of America, 25 Madison Avenue, New York, NY 10010-8601
Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127
Sony Interactive Entertainment, Inc., 1-7-1 Konan Minato-ku, Tokyo, 
108-0075, Japan
Sony Mobile Communications (USA), Inc., 2207 Bridgepointe Parkway, San 
Mateo, CA 94404
Sony Interactive Entertainment LLC, 2207 Bridgepointe Parkway, San 
Mateo, CA 94404
Sony Interactive Entertainment America LLC, 2207 Bridgepointe Parkway, 
San Mateo, CA 94404

    (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: June 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12158 Filed 6-12-17; 8:45 am]
BILLING CODE 7020-02-P



                                               27078                          Federal Register / Vol. 82, No. 112 / Tuesday, June 13, 2017 / Notices

                                                 Authority: This investigation is being                (202) 205–2000. Hearing impaired                       Sony Corporation, 1–7–1 Konan Minato-
                                               conducted under authority of Section 202 of             individuals are advised that information                  ku, Tokyo, 108–0075, Japan
                                               the Act; this notice is published pursuant to           on this matter can be obtained by                      Sony Corporation of America, 25
                                               section 203(b)(3) of the Act.                           contacting the Commission’s TDD                           Madison Avenue, New York, NY
                                                 By order of the Commission.                           terminal on (202) 205–1810. Persons                       10010–8601
                                                 Issued: June 7, 2017.                                 with mobility impairments who will                     Sony Electronics Inc., 16535 Via
                                               Lisa R. Barton,                                         need special assistance in gaining access                 Esprillo, San Diego, CA 92127
                                               Secretary to the Commission.                            to the Commission should contact the                   Sony Interactive Entertainment, Inc., 1–
                                               [FR Doc. 2017–12160 Filed 6–12–17; 8:45 am]             Office of the Secretary at (202) 205–                     7–1 Konan Minato-ku, Tokyo, 108–
                                               BILLING CODE 7020–02–P
                                                                                                       2000. General information concerning                      0075, Japan
                                                                                                       the Commission may also be obtained                    Sony Mobile Communications (USA),
                                                                                                       by accessing its internet server at                       Inc., 2207 Bridgepointe Parkway, San
                                               INTERNATIONAL TRADE                                     https://www.usitc.gov. The public                         Mateo, CA 94404
                                               COMMISSION                                              record for this investigation may be                   Sony Interactive Entertainment LLC,
                                                                                                       viewed on the Commission’s electronic                     2207 Bridgepointe Parkway, San
                                               [Investigation No. 337–TA–1060]                         docket (EDIS) at https://edis.usitc.gov.                  Mateo, CA 94404
                                               Certain Consumer Electronic Devices,                    FOR FURTHER INFORMATION CONTACT:                       Sony Interactive Entertainment America
                                               Including Televisions, Gaming                           Pathenia M. Proctor, The Office of                        LLC, 2207 Bridgepointe Parkway, San
                                               Consoles, Mobile Phones and Tablets,                    Unfair Import Investigations, U.S.                        Mateo, CA 94404
                                               and Network-Enabled DVD and Blu-                        International Trade Commission,                           (c) The Office of Unfair Import
                                               Ray Players; Institution of                             telephone (202) 205–2560.                              Investigations, U.S. International Trade
                                               Investigation                                           SUPPLEMENTARY INFORMATION:                             Commission, 500 E Street SW., Suite
                                                                                                         Authority: The authority for institution of          401, Washington, DC 20436; and
                                               AGENCY: U.S. International Trade                        this investigation is contained in section 337            (3) For the investigation so instituted,
                                               Commission.                                             of the Tariff Act of 1930, as amended, 19              the Chief Administrative Law Judge,
                                               ACTION: Notice.                                         U.S.C. 1337 and in section 210.10 of the               U.S. International Trade Commission,
                                                                                                       Commission’s Rules of Practice and                     shall designate the presiding
                                               SUMMARY:    Notice is hereby given that a               Procedure, 19 CFR 210.10 (2017).                       Administrative Law Judge.
                                               complaint was filed with the U.S.                          Scope of Investigation: Having                         Responses to the complaint and the
                                               International Trade Commission on May                   considered the complaint, the U.S.                     notice of investigation must be
                                               9, 2017, under section 337 of the Tariff                International Trade Commission, on                     submitted by the named respondents in
                                               Act of 1930, as amended, on behalf of                   June 6, 2017, ordered that—                            accordance with section 210.13 of the
                                               ARRIS Enterprises LLC of Suwanee,                          (1) Pursuant to subsection (b) of                   Commission’s Rules of Practice and
                                               Georgia. Supplements were filed on                      section 337 of the Tariff Act of 1930, as              Procedure, 19 CFR 210.13. Pursuant to
                                               May 26, 2017. The complaint alleges                     amended, an investigation be instituted                19 CFR 201.16(e) and 210.13(a), such
                                               violations of section 337 based upon the                to determine whether there is a                        responses will be considered by the
                                               importation into the United States, the                 violation of subsection (a)(1)(B) of                   Commission if received not later than 20
                                               sale for importation, and the sale within               section 337 in the importation into the                days after the date of service by the
                                               the United States after importation of                  United States, the sale for importation,               Commission of the complaint and the
                                               certain consumer electronic devices,                    or the sale within the United States after             notice of investigation. Extensions of
                                               including televisions, gaming consoles,                 importation of certain consumer                        time for submitting responses to the
                                               mobile phones and tablets, and                          electronic devices, including                          complaint and the notice of
                                               network-enabled DVD and Blu-ray                         televisions, gaming consoles, mobile                   investigation will not be granted unless
                                               players by reason of infringement of                    phones and tablets, and network-                       good cause therefor is shown.
                                               U.S. Patent No. 6,473,858 (‘‘the ’858                   enabled DVD and Blu-ray players by                        Failure of a respondent to file a timely
                                               patent’’); U.S. Patent No. 6,934,148 (‘‘the             reason of infringement of one or more of               response to each allegation in the
                                               ’148 patent’’); U.S. Patent No. 7,113,502               claims 29, 33–39, 42, and 43 of the ’858               complaint and in this notice may be
                                               (‘‘the ’502 patent’’); U.S. Patent No.                  patent; claims 1, 2, and 4 of the ’148                 deemed to constitute a waiver of the
                                               7,752,564 (‘‘the ’564 patent’’); U.S.                   patent; claims 1–6, 18–21, and 34–37 of                right to appear and contest the
                                               Patent No. 8,300,156 (‘‘the ’156 patent’’);             the ’502 patent; claims 1–6 and 8–22 of                allegations of the complaint and this
                                               and U.S. Patent No. 9,521,466 (‘‘the ’466               the ’564 patent; claims 1–6, 9, and 11–                notice, and to authorize the
                                               patent’’). The complaint further alleges                31 of the ’156 patent; and claims 1–5,                 administrative law judge and the
                                               that an industry in the United States                   7, 8, 12, and 15–17 of the ’466 patent,                Commission, without further notice to
                                               exists as required by the applicable                    and whether an industry in the United                  the respondent, to find the facts to be as
                                               Federal Statute.                                        States exists as required by subsection                alleged in the complaint and this notice
                                                  The complainant requests that the                    (a)(2) of section 337;                                 and to enter an initial determination
                                               Commission institute an investigation                      (2) For the purpose of the                          and a final determination containing
                                               and, after the investigation, issue a                   investigation so instituted, the following             such findings, and may result in the
                                               limited exclusion order and cease and                   are hereby named as parties upon which                 issuance of an exclusion order or a cease
                                               desist orders.                                          this notice of investigation shall be                  and desist order or both directed against
                                               ADDRESSES: The complaint, except for                    served:                                                the respondent.
nlaroche on DSK30NT082PROD with NOTICES




                                               any confidential information contained                     (a) The complainant is: ARRIS
                                                                                                                                                                By order of the Commission.
                                               therein, is available for inspection                    Enterprises LLC, 3871 Lakefield Drive,
                                               during official business hours (8:45 a.m.                                                                        Issued: June 7, 2017.
                                                                                                       Suwanee, GA 30024.
                                               to 5:15 p.m.) in the Office of the                         (b) The respondents are the following               Lisa R. Barton,
                                               Secretary, U.S. International Trade                     entities alleged to be in violation of                 Secretary to the Commission.
                                               Commission, 500 E Street SW., Room                      section 337, and are the parties upon                  [FR Doc. 2017–12158 Filed 6–12–17; 8:45 am]
                                               112, Washington, DC 20436, telephone                    which the complaint is to be served:                   BILLING CODE 7020–02–P




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Document Created: 2017-06-13 00:22:00
Document Modified: 2017-06-13 00:22:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactPathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation82 FR 27078 

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