83 FR 43899 - Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Denial of Motion To Amend; and Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 167 (August 28, 2018)

Page Range		43899-43900
FR Document		2018-18569

Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (``section 337''), as amended, in this investigation. The Commission has issued a limited exclusion order prohibiting the importation of certain graphics systems and televisions containing the same that infringe claim 1-5 and 8 of U.S. Patent No. 7,633,506 (``the '506 patent''). The Commission has also issued cease and desist orders directed to Respondents VIZIO, Inc. (``VIZIO'') and Sigma Designs, Inc. (``SDI''). The Commission has further determined to deny Complainants' motion for leave to amend the complaint and the notice of investigation. The investigation is terminated.

Federal Register, Volume 83 Issue 167 (Tuesday, August 28, 2018)

[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43899-43900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18569]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1044]


Certain Graphics Systems, Components Thereof, and Consumer 
Products Containing the Same; Commission Final Determination Finding a 
Section 337 Violation; Issuance of a Limited Exclusion Order and Cease 
and Desist Orders; Denial of Motion To Amend; and Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930 (``section 337''), as amended, in this investigation. The 
Commission has issued a limited exclusion order prohibiting the 
importation of certain graphics systems and televisions containing the 
same that infringe claim 1-5 and 8 of U.S. Patent No. 7,633,506 (``the 
'506 patent''). The Commission has also issued cease and desist orders 
directed to Respondents VIZIO, Inc. (``VIZIO'') and Sigma Designs, Inc. 
(``SDI''). The Commission has further determined to deny Complainants' 
motion for leave to amend the complaint and the notice of 
investigation. The investigation is terminated.

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

[[Page 43900]]

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 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 of Irvine, California, MediaTek Inc. of 
Hsinchu City, Taiwan and Media Tek USA Inc. of San Jose, California 
(collectively, ``MediaTek''), and 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 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 final Initial Determination 
(``FID'') and Recommended Determination on Remedy and Bond (``RD'') 
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.
    On June 14, 2018, the Commission issued a Notice determining to 
review the FID in part. See 83 FR 28660-62 (June 20, 2018). The 
Commission sought written submissions in response to certain questions 
relating to the claim construction 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). See id. The Commission also solicited written 
submissions on the issues of remedy, the public interest, and bonding. 
See id. On June 28, 2018, the parties filed written submissions in 
response to the June 14, 2018 Notice, and on July 6, 2018, the parties 
filed responses to each other's submissions.
    On June 26, 2018, Complainants filed a motion for leave to amend 
the complaint and notice of investigation to add V-Silicon Inc. and V-
Silicon International, Inc. as respondents in this investigation 
(Motion). On July 5 and 6, 2018, OUII and Respondents, respectively, 
filed responses to Complainants' motion to amend. As explained in the 
Commission's Opinion issued concurrently herewith, the Commission has 
determined to deny Complainants' Motion.
    In addition, having examined the record of this investigation, 
including the FID, the RD, and the parties' submissions, the Commission 
has determined to affirm the FID's ultimate conclusions of a section 
337 violation with respect to the '506 patent and no section 337 
violation with respect to the '133 patent. In addition, the Commission 
has determined to modify the FID in part with respect to: (1) The 
importation requirement as to Respondents MediaTek and SDI; and (2) the 
claim construction of the terms ``unified shader,'' ``packet,'' and 
``ALU/memory pair'' as well as certain related FID findings on 
infringement, validity, and the technical prong of the domestic 
industry requirement. All findings in the FID that are not inconsistent 
with the Commission's determination are affirmed.
    Accordingly, the Commission finds that there is a violation of 
section 337 with respect to the '506 patent. The Commission has 
determined that the appropriate remedy is a limited exclusion order 
against Respondents' infringing products, and cease and desist orders 
against Respondents VIZIO and SDI. The Commission has also determined 
that the public interest factors enumerated in subsections 337(d)(l) 
and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude the issuance 
of the limited exclusion order and cease and desist orders. The 
Commission has further determined to set a bond at zero (0) percent of 
entered value during the Presidential review period (19 U.S.C. 
1337(j)).
    The Commission's orders and opinion were delivered to the President 
and to the United States Trade Representative on the day of their 
issuance.
    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: August 22, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-18569 Filed 8-27-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices 43899

The information that the BLM collects States at less than fair value (‘‘LTFV’’) INTERNATIONAL TRADE
is necessary to ensure that each RAC is and to be subsidized by the government COMMISSION
structured to provide fair membership of China.2 The Commission also
[Investigation No. 337–TA–1044]
balance, as prescribed by each RAC’s determines that an industry in the
charter. United States is not materially injured Certain Graphics Systems,
Title of Collection: Bureau of Land or threatened with material injury by Components Thereof, and Consumer
Management Resource Advisory reason of imports of drain bodies from Products Containing the Same;
Council Application. China that are sold in the United States Commission Final Determination
OMB Control Number: 1004–0204. at LTFV and subsidized by the Finding a Section 337 Violation;
Form Number: Form 1120–19. government of China. Issuance of a Limited Exclusion Order
Type of Review: Extension of a and Cease and Desist Orders; Denial
Background
currently approved collection. of Motion To Amend; and Termination
Respondents/Affected Public: Persons The Commission, pursuant to sections
705(b) and 735(b) of the Act (19 U.S.C. of the Investigation
who apply for positions on Resource
Advisory Councils. 1671d(b) and 19 U.S.C. 1673d(b)), AGENCY: U.S. International Trade
Total Estimated Number of Annual instituted these investigations effective Commission.
Respondents: 200. July 13, 2017, following receipt of a ACTION: Notice.
Total Estimated Number of Annual petition filed with the Commission and
Responses: 200. Commerce by the Cast Iron Soil Pipe SUMMARY: Notice is hereby given that
Estimated Completion Time per Institute, Mundelein, Illinois. The final the U.S. International Trade
Response: 4 Hours. phase of the investigations was Commission has found a violation of
Total Estimated Number of Annual scheduled by the Commission following section 337 of the Tariff Act of 1930
Burden Hours: 800. notification of preliminary (‘‘section 337’’), as amended, in this
Respondent’s Obligation: Required to determinations by Commerce that investigation. The Commission has
obtain or retain a benefit. imports of cast iron soil pipe fittings issued a limited exclusion order
Frequency of Collection: On occasion. from China were subsidized within the prohibiting the importation of certain
Total Estimated Annual Nonhour meaning of section 703(b) of the Act (19 graphics systems and televisions
Burden Cost: None. U.S.C. 1671b(b)) and sold at LTFV containing the same that infringe claim
An agency may not conduct or within the meaning of 733(b) of the Act 1–5 and 8 of U.S. Patent No. 7,633,506
sponsor and a person is not required to (19 U.S.C. 1673b(b)). (‘‘the ’506 patent’’). The Commission
respond to a collection of information Notice of the scheduling of the final has also issued cease and desist orders
unless it displays a currently valid OMB phase of the Commission’s directed to Respondents VIZIO, Inc.
control number. The authority for this investigations and of a public hearing to (‘‘VIZIO’’) and Sigma Designs, Inc.
action is the Paperwork Reduction Act be held in connection therewith was (‘‘SDI’’). The Commission has further
of 1995 (44 U.S.C. 3501 et seq.). given by posting copies of the notice in determined to deny Complainants’
the Office of the Secretary, U.S. motion for leave to amend the
Mark Purdy, International Trade Commission, complaint and the notice of
Management Analyst, Bureau of Land Washington, DC, and by publishing the investigation. The investigation is
Management. notice in the Federal Register on March terminated.
[FR Doc. 2018–18619 Filed 8–27–18; 8:45 am] 19, 2018 (83 FR 12024). The hearing was FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4310–84–P held in Washington, DC, on June 26, Houda Morad, Office of the General
2018, and all persons who requested the Counsel, U.S. International Trade
opportunity were permitted to appear in Commission, 500 E Street SW,
INTERNATIONAL TRADE person or by counsel. Washington, DC 20436, telephone (202)
COMMISSION The Commission made these
708–4716. Copies of non-confidential
determinations pursuant to sections
[Investigation Nos. 701–TA–583 and 731– documents filed in connection with this
TA–1381 (Final)] 705(b) and 735(b) of the Act (19 U.S.C.
investigation are or will be available for
1671d(b) and 19 U.S.C. 1673d(b)). It
inspection during official business
Cast Iron Soil Pipe Fittings From China completed and filed its determinations
hours (8:45 a.m. to 5:15 p.m.) in the
in these investigations on August 22,
Determinations Office of the Secretary, U.S.
2018. The views of the Commission are
International Trade Commission, 500 E
On the basis of the record 1 developed contained in USITC Publication 4812
Street SW, Washington, DC 20436,
in the subject investigations, the United (August 2018), entitled Cast Iron Soil
telephone (202) 205–2000. General
States International Trade Commission Pipe Fittings from China: Investigation
information concerning the Commission
(‘‘Commission’’) determines, pursuant Nos. 701–TA–583 and 731–TA–1381
may also be obtained by accessing its
to the Tariff Act of 1930 (‘‘the Act’’), (Final).
internet server at https://www.usitc.gov.
that an industry in the United States is By order of the Commission. The public record for this investigation
materially injured by reason of imports Issued: August 22, 2018. may be viewed on the Commission’s
of cast iron soil pipe fittings, excluding Lisa Barton, electronic docket (EDIS) at https://
drain bodies, from China, provided for Secretary to the Commission. edis.usitc.gov. Hearing-impaired
in subheading 7307.11.00 of the persons are advised that information on
[FR Doc. 2018–18563 Filed 8–27–18; 8:45 am]
Harmonized Tariff Schedule of the
daltland on DSKBBV9HB2PROD with NOTICES

BILLING CODE 7020–02–P this matter can be obtained by
United States, that have been found by contacting the Commission’s TDD
the U.S. Department of Commerce 2 The Commission also finds that imports subject terminal on (202) 205–1810.
(‘‘Commerce’’) to be sold in the United to Commerce’s affirmative critical circumstances SUPPLEMENTARY INFORMATION: The
determination are not likely to undermine seriously
1 The record is defined in sec. 207.2(f) of the the remedial effect of the countervailing and
Commission instituted Investigation No.
Commission’s Rules of Practice and Procedure (19 antidumping duty orders on cast iron soil pipe 337–TA–1044 on March 22, 2017, based
CFR 207.2(f)). fittings from China. on a complaint filed by Complainants

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43900 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Notices

Advanced Micro Devices, Inc. of asserted claims of the ’506 patent but Accordingly, the Commission finds
Sunnyvale, California and ATI not the ’133 patent; (2) the asserted that there is a violation of section 337
Technologies ULC of Canada claims are not invalid; and (3) with respect to the ’506 patent. The
(collectively, ‘‘AMD’’ or Complainants satisfy the economic and Commission has determined that the
‘‘Complainants’’). See 82 FR 14748 technical prongs of the domestic appropriate remedy is a limited
(Mar. 22, 2017). The complaint, as industry requirement with respect to exclusion order against Respondents’
amended, alleges violations of section both asserted patents. In addition, the infringing products, and cease and
337 of the Tariff Act of 1930, as ALJ recommended that the Commission desist orders against Respondents VIZIO
amended (19 U.S.C. 1337), based upon issue: (1) A Limited Exclusion Order and SDI. The Commission has also
the importation into the United States, against the infringing accused products; determined that the public interest
the sale for importation, and the sale and (2) Cease and Desist Orders against factors enumerated in subsections
within the United States after Respondents VIZIO and SDI. The ALJ 337(d)(l) and (f)(1) (19 U.S.C. 1337(d)(l),
importation of certain graphics systems, further recommended against setting a (f)(1)) do not preclude the issuance of
components thereof, and consumer bond during Presidential review. the limited exclusion order and cease
products containing the same, by reason On June 14, 2018, the Commission and desist orders. The Commission has
of infringement of certain claims of the issued a Notice determining to review further determined to set a bond at zero
’506 patent; U.S. Patent No. 7,796,133 the FID in part. See 83 FR 28660–62 (0) percent of entered value during the
(‘‘the ’133 patent’’); U.S. Patent No. (June 20, 2018). The Commission sought Presidential review period (19 U.S.C.
8,760,454 (‘‘the ’454 patent’’); and U.S. written submissions in response to 1337(j)).
Patent No. 9,582,846 (‘‘the ’846 patent’’). certain questions relating to the claim The Commission’s orders and opinion
Id. The notice of investigation identified construction of the terms ‘‘unified were delivered to the President and to
LG Electronics, Inc. of Seoul, Republic shader’’ (recited in the ’506 and ’133 the United States Trade Representative
of Korea, LG Electronics U.S.A., Inc. of patent claims), ‘‘packet’’ (recited in the on the day of their issuance.
Englewood Cliffs, New Jersey, and LG ’133 patent claims), and ‘‘ALU/memory The authority for the Commission’s
Electronics MobileComm U.S.A. Inc. of pair’’ (recited in the ’133 patent claims). determination is contained in section
San Diego, California (collectively, See id. The Commission also solicited 337 of the Tariff Act of 1930, as
‘‘LG’’), VIZIO of Irvine, California, written submissions on the issues of amended (19 U.S.C. 1337), and in part
MediaTek Inc. of Hsinchu City, Taiwan remedy, the public interest, and 210 of the Commission’s Rules of
and Media Tek USA Inc. of San Jose, bonding. See id. On June 28, 2018, the Practice and Procedure (19 CFR part
California (collectively, ‘‘MediaTek’’), parties filed written submissions in 210).
and SDI of Fremont, California, as response to the June 14, 2018 Notice,
respondents in this investigation. See By order of the Commission.
and on July 6, 2018, the parties filed Issued: August 22, 2018.
id. The Office of Unfair Import responses to each other’s submissions.
Investigations (‘‘OUII’’) is also a party to Lisa Barton,
On June 26, 2018, Complainants filed
the investigation. Secretary to the Commission.
On October 20, 2017, the ALJ issued a motion for leave to amend the
[FR Doc. 2018–18569 Filed 8–27–18; 8:45 am]
an initial determination terminating the complaint and notice of investigation to
BILLING CODE 7020–02–P
investigation as to LG based on add V-Silicon Inc. and V-Silicon
settlement. See Order No. 48 (Oct. 20, International, Inc. as respondents in this
2017), unreviewed, Comm’n Notice investigation (Motion). On July 5 and 6,
(Nov. 13, 2017). The remaining 2018, OUII and Respondents, NUCLEAR REGULATORY
respondents in this investigation are respectively, filed responses to COMMISSION
VIZIO, MediaTek, and SDI (hereinafter, Complainants’ motion to amend. As
explained in the Commission’s Opinion [NRC–2018–0001]
‘‘the Remaining Respondents’’). The ALJ
also terminated the investigation with issued concurrently herewith, the
Sunshine Act Meetings
respect to all asserted claims of the ’454 Commission has determined to deny
and ’846 patents; claims 6, 7, and 9 of Complainants’ Motion. TIME AND DATE: Weeks of August 27,
the ’506 patent; and claims 2, 4–13, and In addition, having examined the September 3, 10, 17, 24, October 1,
40 of the ’133 patent. See Order No. 33 record of this investigation, including 2018.
(Aug. 15, 2017), unreviewed, Comm’n the FID, the RD, and the parties’ PLACE: Commissioners’ Conference
Notice (Sept. 5, 2017); Order No. 43 submissions, the Commission has Room, 11555 Rockville Pike, Rockville,
(Oct. 5, 2017), unreviewed, Comm’n determined to affirm the FID’s ultimate Maryland.
Notice (Oct. 31, 2017); Order No. 49 conclusions of a section 337 violation
STATUS: Public and Closed.
(Oct. 20, 2017), unreviewed, Comm’n with respect to the ’506 patent and no
section 337 violation with respect to the MATTERS TO BE CONSIDERED:
Notice (Nov. 13, 2017); Order No. 53
(Oct. 31, 2017), unreviewed, Comm’n ’133 patent. In addition, the Week of August 27, 2018
Notice (Nov. 28, 2017). Claims 1–5 and Commission has determined to modify
the FID in part with respect to: (1) The There are no meetings scheduled for
8 of the ’506 patent and claims 1 and 3
of the ’133 patent (hereinafter, ‘‘the importation requirement as to the week of August 27, 2018.
asserted claims’’) remain pending in this Respondents MediaTek and SDI; and (2) Week of September 3, 2018—Tentative
investigation. the claim construction of the terms
On April 13, 2018, the ALJ issued her ‘‘unified shader,’’ ‘‘packet,’’ and ‘‘ALU/ There are no meetings scheduled for
daltland on DSKBBV9HB2PROD with NOTICES

final Initial Determination (‘‘FID’’) and memory pair’’ as well as certain related the week of September 3, 2018.
Recommended Determination on FID findings on infringement, validity, Week of September 10, 2018—Tentative
Remedy and Bond (‘‘RD’’) finding a and the technical prong of the domestic
violation of section 337 with respect to industry requirement. All findings in Monday, September 10, 2018
the ’506 patent but not the ’133 patent. the FID that are not inconsistent with 10:00 a.m. Briefing on NRC
Specifically, the FID finds that: (1) the Commission’s determination are International Activities (Closed—Ex. 1
Certain accused products infringe the affirmed. & 9).

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Document Created: 2018-08-28 00:23:24
Document Modified: 2018-08-28 00:23:24

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		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.
FR Citation		83 FR 43899