83_FR_28779 83 FR 28660 - Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination Finding a Section 337 Violation; Target Date Extension and Schedule for Filing Written Submissions

83 FR 28660 - Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination Finding a Section 337 Violation; Target Date Extension and Schedule for Filing Written Submissions

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range28660-28662
FR Document2018-13191

Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (``FID'') of the presiding administrative law judge (``ALJ'') finding a violation of section 337 the Tariff Act of 1930, as amended; and extend the target date by five business days from August 15, 2018, to August 22, 2018.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Notices]
[Pages 28660-28662]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13191]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1044]


Certain Graphics Systems, Components Thereof, and Consumer 
Products Containing the Same; Commission Determination To Review in 
Part a Final Initial Determination Finding a Section 337 Violation; 
Target Date Extension and Schedule for Filing Written Submissions

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part a final initial 
determination (``FID'') of the presiding administrative law judge 
(``ALJ'') finding a violation of section 337 the Tariff Act of 1930, as 
amended; and extend the target date by five business days from August 
15, 2018, to August 22, 2018.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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, Washington, DC 20436, 
telephone (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted Investigation No. 
337-TA-1044 on March 22, 2017, based on a complaint filed by 
Complainants Advanced Micro Devices, Inc. of Sunnyvale, California and 
ATI Technologies ULC of Canada (collectively, ``AMD'' or 
``Complainants''). See 82 FR 14748 (Mar. 22, 2017). The complaint, as 
amended, alleges violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain graphics systems, components thereof, and 
consumer products containing the same, by reason of infringement of 
certain claims of U.S. Patent No. 7,633,506 (``the '506 patent''); U.S. 
Patent No. 7,796,133 (``the '133 patent''); U.S. Patent No. 8,760,454 
(``the '454 patent''); and U.S. Patent No. 9,582,846 (``the '846 
patent''). Id. The notice of investigation identified LG Electronics, 
Inc. of Seoul, Republic of Korea, LG Electronics U.S.A., Inc. of 
Englewood Cliffs, New Jersey, and LG Electronics MobileComm U.S.A. Inc. 
of San Diego, California (collectively, ``LG''), VIZIO, Inc. 
(``VIZIO'') of Irvine, California, MediaTek Inc. of Hsinchu City, 
Taiwan and Media Tek USA Inc. of San Jose, California (collectively, 
``MediaTek''), and Sigma Designs, Inc. (``SDI'') of Fremont, 
California, as respondents in this investigation. See id. The Office of 
Unfair Import Investigations (OUII) is also a party to the 
investigation.
    On October 20, 2017, the ALJ issued an initial determination 
terminating the investigation as to LG based on settlement. See Order 
No. 48 (Oct. 20, 2017), unreviewed, Comm'n Notice (Nov. 13, 2017). The 
remaining respondents in this investigation are

[[Page 28661]]

VIZIO, MediaTek, and SDI (hereinafter, ``the Remaining Respondents''). 
The ALJ also terminated the investigation with respect to all asserted 
claims of the '454 and '846 patents; claims 6, 7, and 9 of the '506 
patent; and claims 2, 4-13, and 40 of the '133 patent. See Order No. 33 
(Aug. 15, 2017), unreviewed, Comm'n Notice (Sept. 5, 2017); Order No. 
43 (Oct. 5, 2017), unreviewed, Comm'n Notice (Oct. 31, 2017); Order No. 
49 (Oct. 20, 2017), unreviewed, Comm'n Notice (Nov. 13, 2017); Order 
No. 53 (Oct. 31, 2017), unreviewed, Comm'n Notice (Nov. 28, 2017). 
Claims 1-5 and 8 of the '506 patent and claims 1 and 3 of the '133 
patent (hereinafter, ``the asserted claims'') remain pending in this 
investigation.
    On April 13, 2018, the ALJ issued her FID finding a violation of 
section 337 with respect to the '506 patent but not the '133 patent. 
Specifically, the FID finds that: (1) Certain accused products infringe 
the asserted claims of the '506 patent but not the '133 patent; (2) the 
asserted claims are not invalid; and (3) Complainants satisfy the 
economic and technical prongs of the domestic industry requirement with 
respect to both asserted patents. In addition, the ALJ recommended that 
the Commission issue: (1) a Limited Exclusion Order against the 
infringing accused products; and (2) Cease and Desist Orders against 
Respondents VIZIO and SDI. The ALJ further recommended against setting 
a bond during Presidential review.
    The Commission has determined to review the FID in part. In 
particular, the Commission has determined to review the claim 
constructions of the terms: ``unified shader'' (recited in the '506 and 
'133 patent claims), ``packet'' (recited in the '133 patent claims), 
and ``ALU/memory pair'' (recited in the '133 patent claims). In view of 
the Commission's claim construction review, the Commission will also 
review the relevant FID's findings with respect to infringement, 
validity, and technical prong of the domestic industry requirement. 
Furthermore, the Commission has determined to review whether the 
importation requirement is satisfied with respect to Respondents 
MediaTek and SDI. The Commission has determined not to review the 
remainder of the FID. The Commission has also determined to extend the 
target date by five business days from August 15, 2018, to August 22, 
2018.
    In connection with the review, the parties are requested to brief 
their positions with reference to the applicable law and the 
evidentiary record regarding the questions provided below:
    1. Consistent with the specification of the '506 patent (JX-1) and 
with the patentee's statements during the prosecution of the '506 
patent (JX-2) distinguishing Zhu U.S. Patent No. 6,697,063 at JX-2.387-
388, the Commission proposes to construe the term ``unified shader'' to 
mean ``a single shader circuit capable of performing color shading and 
texture coordinate shading, wherein the single shader circuit may not 
include separate dedicated hardware blocks that perform separate color 
and texture operations, and wherein texture coordinate shading may 
include texture address operations, indirect texturing, and bump 
mapping performed by the unified shader to modify texture 
coordinates.'' In view of the Commission's proposed construction, 
please explain: (1) Whether and why you agree or disagree with the 
Commission's proposed construction; and (2) whether and why the 
Commission's proposed construction affects the FID's infringement and 
invalidity analyses with respect to the '506 patent.
    2. Consistent with the specification of the '133 patent (JX-2) and 
with the patentee's statements during the prosecution of the '133 
patent (JX-4) distinguishing Donham U.S. Patent No. 6,980,209 at JX-
4.240-41 and JX-4.272, the Commission proposes to construe the term 
``unified shader'' to mean ``a single shader circuit capable of 
performing color shading and texture coordinate shading, wherein the 
single shader circuit may not include separate dedicated hardware 
blocks that perform separate color and texture operations, and wherein 
texture coordinate shading may include texture address operations, 
indirect texturing, and bump mapping performed by the unified shader to 
modify texture coordinates.'' In view of the Commission's proposed 
construction, please explain: (1) Whether and why you agree or disagree 
with the Commission's proposed construction; and (2) whether and why 
the Commission's proposed construction affects the FID's infringement 
and invalidity analyses with respect to the '133 patent.
    3. Consistent with the specification of the '133 patent (JX-3) and 
with the patentee's statements during the prosecution of the '133 
patent (JX-4) distinguishing Morgan U.S. Patent No. 6,384,824 at JX-
4.89, the Commission proposes to construe the term ``packet'' to mean 
``data bundle containing texture coordinate and color value information 
for one or more pixels, wherein said information is received 
simultaneously by the unified shader,'' i.e., in the same packet rather 
than serially as suggested by Complainants. In view of the Commission's 
proposed construction, please explain: (1) Whether and why you agree or 
disagree with the Commission's proposed construction; and (2) whether 
and why the Commission's proposed construction affects the FID's 
infringement and invalidity analyses with respect to the '133 patent.
    4. Consistent with the specification of the '133 patent (JX-3), the 
Commission proposes to modify the FID's interpretation with respect to 
the scope of the term ``ALU/memory pair'' to clarify that it does not 
exclude control logic or circuitry. In view of the Commission's 
proposed interpretation, please explain: (1) Whether and why you agree 
or disagree with the Commission's proposed interpretation; and (2) 
whether and why the Commission's proposed interpretation affects the 
FID's infringement and invalidity analyses with respect to the '133 
patent.
    In addition, in connection with the final disposition of this 
investigation, the Commission may (1) issue an order that could result 
in the exclusion of the subject articles from entry into the United 
States, and/or (2) issue one or more cease and desist orders that could 
result in the respondent(s) being required to cease and desist from 
engaging in unfair acts in the importation and sale of such articles. 
Accordingly, the Commission is interested in receiving written 
submissions that address the form of remedy, if any, that should be 
ordered. If a party seeks exclusion of an article from entry into the 
United States for purposes other than entry for consumption, the party 
should so indicate and provide information establishing that activities 
involving other types of entry either are adversely affecting it or 
likely to do so. For background, see Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(Dec. 1994) (Comm'n Op.).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the

[[Page 28662]]

aforementioned public interest factors in the context of this 
investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the questions identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding. Complainants and OUII are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainants are also requested to state the date that the asserted 
patents expire and the HTSUS numbers under which the accused products 
are imported. Complainants are further requested to supply the names of 
known importers of the products at issue in this investigation.
    Written submissions and proposed remedial orders must be filed no 
later than close of business on June 28, 2018. Reply submissions must 
be filed no later than the close of business on July 6, 2018. Initial 
written submissions may not exceed 50 pages in length, exclusive of any 
exhibits, while reply submissions may not exceed 25 pages in length, 
exclusive of any exhibits. No further submissions on any of these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
(8) true paper copies to the Office of the Secretary by noon the next 
day pursuant to section 210.4(f) of the Commission's Rules of Practice 
and Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1044'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\[1]\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
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    \[1]\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: June 14, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-13191 Filed 6-19-18; 8:45 am]
 BILLING CODE 7020-02-P



                                                28660                        Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices

                                                defaulting respondents’ accused                         satisfied with respect to the defaulting               708–4716. Copies of non-confidential
                                                products have been imported into the                    respondents. In addition, the                          documents filed in connection with this
                                                United States and that a domestic                       Commission finds that the public                       investigation are or will be available for
                                                industry exists in the United States with               interest factors enumerated in section                 inspection during official business
                                                respect to the ’031 patent. No petitions                337(g)(1) (19 U.S.C. 1337(g)(1)) do not                hours (8:45 a.m. to 5:15 p.m.) in the
                                                for review of the ID were filed. The ALJ                preclude issuance of the statutory relief.             Office of the Secretary, U.S.
                                                also issued a Recommended                                 The Commission has determined the                    International Trade Commission, 500 E
                                                Determination on Remedy and Bonding,                    appropriate remedy is a general                        Street SW, Washington, DC 20436,
                                                recommending that, if the Commission                    exclusion order prohibiting the                        telephone (202) 205–2000. General
                                                finds a section 337 violation, the                      unlicensed importation of certain                      information concerning the Commission
                                                Commission issue a general exclusion                    collapsible sockets that infringe one or               may also be obtained by accessing its
                                                order and impose a bond of 100 percent                  more of claims 9–12 of the ’031 patent.                internet server at https://www.usitc.gov.
                                                during the period of Presidential review.               The Commission has also determined to                  The public record for this investigation
                                                   On March 19, 2018, the Commission                    set a bond in the amount of 100 percent                may be viewed on the Commission’s
                                                determined to review in part the ID. 83                 of the entered value of the infringing                 electronic docket (EDIS) at https://
                                                FR 12812 (Mar. 23, 2018). Specifically,                 products imported during the period of                 edis.usitc.gov. Hearing-impaired
                                                the Commission determined to review                     Presidential review (19 U.S.C. 1337(j)).               persons are advised that information on
                                                (1) the ID’s findings on the technical                  The Commission’s order and opinion                     this matter can be obtained by
                                                prong of the domestic industry                          were delivered to the President and to                 contacting the Commission’s TDD
                                                requirement to correct a typographical                  the United States Trade Representative                 terminal on (202) 205–1810.
                                                error and (2) the ID’s findings on the                  on the day of their issuance.                          SUPPLEMENTARY INFORMATION: The
                                                economic prong of the domestic                            The authority for the Commission’s                   Commission instituted Investigation No.
                                                industry requirement. The Commission                    determination is contained in section                  337–TA–1044 on March 22, 2017, based
                                                determined not to review the remaining                  337 of the Tariff Act of 1930, as                      on a complaint filed by Complainants
                                                issues decided in the ID. The                           amended (19 U.S.C. 1337), and in part                  Advanced Micro Devices, Inc. of
                                                Commission requested additional                         210 of the Commission’s Rules of                       Sunnyvale, California and ATI
                                                briefing from the parties on the issues                 Practice and Procedure (19 CFR part                    Technologies ULC of Canada
                                                under review and also invited the                       210).                                                  (collectively, ‘‘AMD’’ or
                                                parties, interested government agencies,
                                                and any other interested parties to file
                                                                                                          By order of the Commission.                          ‘‘Complainants’’). See 82 FR 14748
                                                written submissions on the issues of                      Issued: June 14, 2018.                               (Mar. 22, 2017). The complaint, as
                                                remedy, the public interest, and                        Lisa Barton,                                           amended, alleges violations of section
                                                bonding.                                                Secretary to the Commission.                           337 of the Tariff Act of 1930, as
                                                   On April 2, 2018, PopSockets and                     [FR Doc. 2018–13192 Filed 6–19–18; 8:45 am]
                                                                                                                                                               amended (19 U.S.C. 1337), based upon
                                                OUII filed initial written submissions in                                                                      the importation into the United States,
                                                                                                        BILLING CODE 7020–02–P
                                                response to the Commission’s notice.                                                                           the sale for importation, and the sale
                                                On April 4, 2018, non-party Quest USA                                                                          within the United States after
                                                Corporation (‘‘Quest’’) filed a written                 INTERNATIONAL TRADE                                    importation of certain graphics systems,
                                                submission. On April 11, 2018,                          COMMISSION                                             components thereof, and consumer
                                                PopSockets filed a reply to Quest’s                                                                            products containing the same, by reason
                                                                                                        [Investigation No. 337–TA–1044]                        of infringement of certain claims of U.S.
                                                submission. Also on that day, OUII filed
                                                a reply to the submissions of                                                                                  Patent No. 7,633,506 (‘‘the ’506 patent’’);
                                                                                                        Certain Graphics Systems,
                                                PopSockets and Quest.                                                                                          U.S. Patent No. 7,796,133 (‘‘the ’133
                                                                                                        Components Thereof, and Consumer
                                                   Having examined the record of this                                                                          patent’’); U.S. Patent No. 8,760,454 (‘‘the
                                                                                                        Products Containing the Same;
                                                investigation, including the ID and the                                                                        ’454 patent’’); and U.S. Patent No.
                                                                                                        Commission Determination To Review
                                                various submissions, the Commission                                                                            9,582,846 (‘‘the ’846 patent’’). Id. The
                                                                                                        in Part a Final Initial Determination
                                                has determined to affirm, on modified                                                                          notice of investigation identified LG
                                                                                                        Finding a Section 337 Violation; Target
                                                grounds, the ID’s finding of a section                                                                         Electronics, Inc. of Seoul, Republic of
                                                                                                        Date Extension and Schedule for Filing
                                                337 violation. The Commission affirms                                                                          Korea, LG Electronics U.S.A., Inc. of
                                                                                                        Written Submissions
                                                the ID’s finding that the complainant                                                                          Englewood Cliffs, New Jersey, and LG
                                                satisfied the technical prong of the                    AGENCY: U.S. International Trade                       Electronics MobileComm U.S.A. Inc. of
                                                domestic industry requirement with the                  Commission.                                            San Diego, California (collectively,
                                                modification of a citation to ‘‘Mem. Ex.                ACTION: Notice.                                        ‘‘LG’’), VIZIO, Inc. (‘‘VIZIO’’) of Irvine,
                                                2 (Kemnitzer Decl.) at ¶ 77                                                                                    California, MediaTek Inc. of Hsinchu
                                                (Infringement Analysis and Chart)’’ at                  SUMMARY:    Notice is hereby given that                City, Taiwan and Media Tek USA Inc.
                                                page 107 of the ID to ‘‘Mem. Ex. 2                      the U.S. International Trade                           of San Jose, California (collectively,
                                                (Kemnitzer Decl.) at ¶ 61 (Analysis and                 Commission has determined to review                    ‘‘MediaTek’’), and Sigma Designs, Inc.
                                                Chart).’’ The Commission affirms, with                  in part a final initial determination                  (‘‘SDI’’) of Fremont, California, as
                                                modified reasoning set forth in the                     (‘‘FID’’) of the presiding administrative              respondents in this investigation. See
                                                opinion issued concurrently herewith,                   law judge (‘‘ALJ’’) finding a violation of             id. The Office of Unfair Import
                                                the ID’s finding with respect to the                    section 337 the Tariff Act of 1930, as                 Investigations (OUII) is also a party to
                                                economic prong of the domestic                          amended; and extend the target date by                 the investigation.
sradovich on DSK3GMQ082PROD with NOTICES




                                                industry requirement under section                      five business days from August 15,                        On October 20, 2017, the ALJ issued
                                                337(a)(3)(B), but takes no position with                2018, to August 22, 2018.                              an initial determination terminating the
                                                respect to subsections (A) and (C) (19                  FOR FURTHER INFORMATION CONTACT:                       investigation as to LG based on
                                                U.S.C. 1337(a)(3)(A), (B), (C)). The                    Houda Morad, Office of the General                     settlement. See Order No. 48 (Oct. 20,
                                                Commission finds that the statutory                     Counsel, U.S. International Trade                      2017), unreviewed, Comm’n Notice
                                                requirements for relief under section                   Commission, 500 E Street SW,                           (Nov. 13, 2017). The remaining
                                                337(g)(2) (19 U.S.C. 1337(g)(2)) are                    Washington, DC 20436, telephone (202)                  respondents in this investigation are


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                                                                             Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices                                            28661

                                                VIZIO, MediaTek, and SDI (hereinafter,                    1. Consistent with the specification of              by Complainants. In view of the
                                                ‘‘the Remaining Respondents’’). The ALJ                 the ’506 patent (JX–1) and with the                    Commission’s proposed construction,
                                                also terminated the investigation with                  patentee’s statements during the                       please explain: (1) Whether and why
                                                respect to all asserted claims of the ’454              prosecution of the ’506 patent (JX–2)                  you agree or disagree with the
                                                and ’846 patents; claims 6, 7, and 9 of                 distinguishing Zhu U.S. Patent No.                     Commission’s proposed construction;
                                                the ’506 patent; and claims 2, 4–13, and                6,697,063 at JX–2.387–388, the                         and (2) whether and why the
                                                40 of the ’133 patent. See Order No. 33                 Commission proposes to construe the                    Commission’s proposed construction
                                                (Aug. 15, 2017), unreviewed, Comm’n                     term ‘‘unified shader’’ to mean ‘‘a single             affects the FID’s infringement and
                                                Notice (Sept. 5, 2017); Order No. 43                    shader circuit capable of performing                   invalidity analyses with respect to the
                                                (Oct. 5, 2017), unreviewed, Comm’n                      color shading and texture coordinate                   ’133 patent.
                                                Notice (Oct. 31, 2017); Order No. 49                    shading, wherein the single shader                        4. Consistent with the specification of
                                                (Oct. 20, 2017), unreviewed, Comm’n                     circuit may not include separate                       the ’133 patent (JX–3), the Commission
                                                Notice (Nov. 13, 2017); Order No. 53                    dedicated hardware blocks that perform                 proposes to modify the FID’s
                                                (Oct. 31, 2017), unreviewed, Comm’n                     separate color and texture operations,                 interpretation with respect to the scope
                                                Notice (Nov. 28, 2017). Claims 1–5 and                  and wherein texture coordinate shading                 of the term ‘‘ALU/memory pair’’ to
                                                8 of the ’506 patent and claims 1 and 3                 may include texture address operations,                clarify that it does not exclude control
                                                of the ’133 patent (hereinafter, ‘‘the                  indirect texturing, and bump mapping                   logic or circuitry. In view of the
                                                asserted claims’’) remain pending in this               performed by the unified shader to                     Commission’s proposed interpretation,
                                                investigation.                                          modify texture coordinates.’’ In view of               please explain: (1) Whether and why
                                                   On April 13, 2018, the ALJ issued her                the Commission’s proposed                              you agree or disagree with the
                                                FID finding a violation of section 337                  construction, please explain: (1)                      Commission’s proposed interpretation;
                                                with respect to the ’506 patent but not                 Whether and why you agree or disagree                  and (2) whether and why the
                                                the ’133 patent. Specifically, the FID                  with the Commission’s proposed                         Commission’s proposed interpretation
                                                finds that: (1) Certain accused products                construction; and (2) whether and why                  affects the FID’s infringement and
                                                infringe the asserted claims of the ’506                the Commission’s proposed                              invalidity analyses with respect to the
                                                patent but not the ’133 patent; (2) the                 construction affects the FID’s                         ’133 patent.
                                                                                                        infringement and invalidity analyses                      In addition, in connection with the
                                                asserted claims are not invalid; and (3)
                                                                                                        with respect to the ’506 patent.                       final disposition of this investigation,
                                                Complainants satisfy the economic and
                                                                                                          2. Consistent with the specification of              the Commission may (1) issue an order
                                                technical prongs of the domestic
                                                                                                        the ’133 patent (JX–2) and with the                    that could result in the exclusion of the
                                                industry requirement with respect to
                                                                                                        patentee’s statements during the                       subject articles from entry into the
                                                both asserted patents. In addition, the
                                                                                                        prosecution of the ’133 patent (JX–4)                  United States, and/or (2) issue one or
                                                ALJ recommended that the Commission
                                                                                                        distinguishing Donham U.S. Patent No.                  more cease and desist orders that could
                                                issue: (1) a Limited Exclusion Order
                                                                                                        6,980,209 at JX–4.240–41 and JX–4.272,                 result in the respondent(s) being
                                                against the infringing accused products;                                                                       required to cease and desist from
                                                                                                        the Commission proposes to construe
                                                and (2) Cease and Desist Orders against                                                                        engaging in unfair acts in the
                                                                                                        the term ‘‘unified shader’’ to mean ‘‘a
                                                Respondents VIZIO and SDI. The ALJ                                                                             importation and sale of such articles.
                                                                                                        single shader circuit capable of
                                                further recommended against setting a                                                                          Accordingly, the Commission is
                                                                                                        performing color shading and texture
                                                bond during Presidential review.                                                                               interested in receiving written
                                                                                                        coordinate shading, wherein the single
                                                   The Commission has determined to                     shader circuit may not include separate                submissions that address the form of
                                                review the FID in part. In particular, the              dedicated hardware blocks that perform                 remedy, if any, that should be ordered.
                                                Commission has determined to review                     separate color and texture operations,                 If a party seeks exclusion of an article
                                                the claim constructions of the terms:                   and wherein texture coordinate shading                 from entry into the United States for
                                                ‘‘unified shader’’ (recited in the ’506                 may include texture address operations,                purposes other than entry for
                                                and ’133 patent claims), ‘‘packet’’                     indirect texturing, and bump mapping                   consumption, the party should so
                                                (recited in the ’133 patent claims), and                performed by the unified shader to                     indicate and provide information
                                                ‘‘ALU/memory pair’’ (recited in the ’133                modify texture coordinates.’’ In view of               establishing that activities involving
                                                patent claims). In view of the                          the Commission’s proposed                              other types of entry either are adversely
                                                Commission’s claim construction                         construction, please explain: (1)                      affecting it or likely to do so. For
                                                review, the Commission will also                        Whether and why you agree or disagree                  background, see Certain Devices for
                                                review the relevant FID’s findings with                 with the Commission’s proposed                         Connecting Computers via Telephone
                                                respect to infringement, validity, and                  construction; and (2) whether and why                  Lines, Inv. No. 337–TA–360, USITC
                                                technical prong of the domestic industry                the Commission’s proposed                              Pub. No. 2843 (Dec. 1994) (Comm’n
                                                requirement. Furthermore, the                           construction affects the FID’s                         Op.).
                                                Commission has determined to review                     infringement and invalidity analyses                      If the Commission contemplates some
                                                whether the importation requirement is                  with respect to the ’133 patent.                       form of remedy, it must consider the
                                                satisfied with respect to Respondents                     3. Consistent with the specification of              effects of that remedy upon the public
                                                MediaTek and SDI. The Commission                        the ’133 patent (JX–3) and with the                    interest. The factors the Commission
                                                has determined not to review the                        patentee’s statements during the                       will consider include the effect that an
                                                remainder of the FID. The Commission                    prosecution of the ’133 patent (JX–4)                  exclusion order and/or cease and desist
                                                has also determined to extend the target                distinguishing Morgan U.S. Patent No.                  orders would have on (1) the public
                                                date by five business days from August                                                                         health and welfare, (2) competitive
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                                                                                                        6,384,824 at JX–4.89, the Commission
                                                15, 2018, to August 22, 2018.                           proposes to construe the term ‘‘packet’’               conditions in the U.S. economy, (3) U.S.
                                                   In connection with the review, the                   to mean ‘‘data bundle containing texture               production of articles that are like or
                                                parties are requested to brief their                    coordinate and color value information                 directly competitive with those that are
                                                positions with reference to the                         for one or more pixels, wherein said                   subject to investigation, and (4) U.S.
                                                applicable law and the evidentiary                      information is received simultaneously                 consumers. The Commission is
                                                record regarding the questions provided                 by the unified shader,’’ i.e., in the same             therefore interested in receiving written
                                                below:                                                  packet rather than serially as suggested               submissions that address the


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                                                28662                        Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Notices

                                                aforementioned public interest factors                  secretary/documents/handbook_on_                       Trade Representative’s (USTR) request
                                                in the context of this investigation.                   filing_procedures.pdf). Persons with                   letter of May 18, 2018, the U.S.
                                                  If the Commission orders some form                    questions regarding filing should                      International Trade Commission
                                                of remedy, the U.S. Trade                               contact the Secretary (202–205–2000).                  (Commission) has amended the scope of
                                                Representative, as delegated by the                        Any person desiring to submit a                     its investigation No. 332–567,
                                                President, has 60 days to approve or                    document to the Commission in                          Generalized System of Preferences:
                                                disapprove the Commission’s action.                     confidence must request confidential                   Possible Modifications, 2017 Review,
                                                See Presidential Memorandum of July                     treatment. All such requests should be                 and will treat ferroniobium, nesoi, from
                                                21, 2005, 70 FR 43251 (July 26, 2005).                  directed to the Secretary to the                       Brazil, provided for in subheading
                                                During this period, the subject articles                Commission and must include a full                     7202.93.80 of the Harmonized Tariff
                                                would be entitled to enter the United                   statement of the reasons why the                       Schedule, as having been listed in Table
                                                States under bond, in an amount                         Commission should grant such                           E of the Annex to the USTR’s request
                                                determined by the Commission and                        treatment. See 19 CFR 201.6. Documents                 letter instead of Table D. As a result, the
                                                prescribed by the Secretary of the                      for which confidential treatment by the                Commission will also provide advice for
                                                Treasury. The Commission is therefore                   Commission is properly sought will be                  this article with respect to whether a
                                                interested in receiving submissions                     treated accordingly. All information,                  like or directly competitive article was
                                                concerning the amount of the bond that                  including confidential business                        being produced in the United States in
                                                should be imposed if a remedy is                        information and documents for which                    any of the preceding three calendar
                                                ordered.                                                confidential treatment is properly                     years.
                                                  Written Submissions: The parties to                   sought, submitted to the Commission for
                                                the investigation are requested to file                                                                        DATES:
                                                                                                        purposes of this Investigation may be
                                                written submissions on the questions                                                                              June 4, 2018: Deadline for filing
                                                                                                        disclosed to and used: (i) By the
                                                identified in this notice. Parties to the               Commission, its employees and Offices,                 requests to appear at the public hearing.
                                                investigation, interested government                                                                              June 7, 2018: Deadline for filing pre-
                                                                                                        and contract personnel (a) for
                                                agencies, and any other interested                                                                             hearing briefs and statements.
                                                                                                        developing or maintaining the records                     June 14, 2018: Public hearing.
                                                parties are encouraged to file written                  of this or a related proceeding, or (b) in                June 21, 2018: Deadline for filing
                                                submissions on the issues of remedy,                    internal investigations, audits, reviews,              post-hearing briefs and statements.
                                                the public interest, and bonding. Such                  and evaluations relating to the                           June 21, 2018: Deadline for filing all
                                                submissions should address the                          programs, personnel, and operations of                 other written submissions.
                                                recommended determination by the ALJ                    the Commission including under 5                          September 7, 2018: Transmittal of
                                                on remedy and bonding. Complainants                     U.S.C. Appendix 3; or (ii) by U.S.                     Commission report to the USTR.
                                                and OUII are also requested to submit                   government employees and contract                      ADDRESSES: All Commission offices,
                                                proposed remedial orders for the                        personnel,[1] solely for cybersecurity
                                                                                                                                                               including the Commission’s hearing
                                                Commission’s consideration.                             purposes. All non-confidential written
                                                                                                                                                               rooms, are located in the United States
                                                Complainants are also requested to state                submissions will be available for public
                                                the date that the asserted patents expire                                                                      International Trade Commission
                                                                                                        inspection at the Office of the Secretary
                                                and the HTSUS numbers under which                                                                              Building, 500 E Street SW, Washington,
                                                                                                        and on EDIS.
                                                the accused products are imported.                         The authority for the Commission’s                  DC. All written submissions should be
                                                Complainants are further requested to                   determination is contained in section                  addressed to the Secretary, United
                                                supply the names of known importers of                  337 of the Tariff Act of 1930, as                      States International Trade Commission,
                                                the products at issue in this                           amended (19 U.S.C. 1337), and in part                  500 E Street SW, Washington, DC
                                                investigation.                                          210 of the Commission’s Rules of                       20436. The public record for this
                                                  Written submissions and proposed                      Practice and Procedure (19 CFR part                    investigation may be viewed on the
                                                remedial orders must be filed no later                  210).                                                  Commission’s electronic docket (EDIS)
                                                than close of business on June 28, 2018.                                                                       at https://edis.usitc.gov.
                                                                                                          By order of the Commission.
                                                Reply submissions must be filed no later                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                          Issued: June 14, 2018.                               Information specific to this investigation
                                                than the close of business on July 6,
                                                                                                        Lisa Barton,                                           may be obtained from Sabina Neumann,
                                                2018. Initial written submissions may
                                                not exceed 50 pages in length, exclusive                Secretary to the Commission.                           Project Leader, Office of Industries
                                                of any exhibits, while reply submissions                [FR Doc. 2018–13191 Filed 6–19–18; 8:45 am]            (202–205–3000 or sabina.neumann@
                                                may not exceed 25 pages in length,                      BILLING CODE 7020–02–P                                 usitc.gov), Mark Brininstool, Deputy
                                                exclusive of any exhibits. No further                                                                          Project Leader, Office of Industries
                                                submissions on any of these issues will                                                                        (202–708–1395 or mark.brininstool@
                                                be permitted unless otherwise ordered                   INTERNATIONAL TRADE                                    usitc.gov), or Marin Weaver, Technical
                                                by the Commission.                                      COMMISSION                                             Advisor, Office of Industries (202–205–
                                                  Persons filing written submissions                    [Investigation No. 332–567]                            3461 or marin.weaver@usitc.gov. For
                                                must file the original document                                                                                information on the legal aspects of this
                                                electronically on or before the deadlines               Generalized System of Preferences:                     investigation, contact William Gearhart
                                                stated above and submit eight (8) true                  Possible Modifications, 2017 Review                    of the Commission’s Office of the
                                                paper copies to the Office of the                                                                              General Counsel (202–205–3091 or
                                                                                                        AGENCY:  United States International
                                                Secretary by noon the next day pursuant                                                                        william.gearhart@usitc.gov). The media
                                                                                                        Trade Commission.
                                                to section 210.4(f) of the Commission’s                                                                        should contact Margaret O’Laughlin,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        ACTION: Notice of amendment of scope
                                                Rules of Practice and Procedure (19 CFR                                                                        Office of External Relations (202–205–
                                                210.4(f)). Submissions should refer to                  of investigation.                                      1819 or margaret.olaughlin@usitc.gov).
                                                the investigation number (‘‘Inv. No.                    SUMMARY:   Following receipt on June 6,                Hearing-impaired individuals may
                                                337–TA–1044’’) in a prominent place on                  2018 of a correction to the United States              obtain information on this matter by
                                                the cover page and/or the first page. (See                                                                     contacting the Commission’s TDD
                                                Handbook for Electronic Filing                            [1] All contract personnel will sign appropriate     terminal at 202–205–1810. General
                                                Procedures, https://www.usitc.gov/                      nondisclosure agreements.                              information concerning the Commission


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Document Created: 2018-06-20 00:20:15
Document Modified: 2018-06-20 00:20:15
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.
ContactHouda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-4716. Copies of non- confidential documents filed in connection with this investigation are or will be 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, Washington, DC 20436, telephone (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation83 FR 28660 

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