83 FR 48455 - Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same; Commission's Final Determination of No Violation of Section 337; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range		48455-48456
FR Document		2018-20778

Notice is hereby given that the U.S. International Trade Commission has found no violation of section 337 of the Tariff Act of 1930, as amended, by respondents Sigma Designs, Inc. and Vizio, Inc. The investigation is terminated.

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)

[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48455-48456]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20778]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1047]


Certain Semiconductor Devices and Consumer Audiovisual Products 
Containing the Same; Commission's Final Determination of No Violation 
of Section 337; Termination of the Investigation

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 found no violation of section 337 of the Tariff Act of 
1930, as amended, by respondents Sigma Designs, Inc. and Vizio, Inc. 
The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 (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 this investigation 
on April 12, 2017, based on a complaint filed by Broadcom Corporation 
(``Broadcom'') of Irvine, California. 82 FR 17688. The complaint 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain semiconductor devices and consumer 
audiovisual products containing the same that infringe U.S. Patent Nos. 
7,310,104 (``the '104 patent''); 7,342,967 (``the '967 patent''); 
7,590,059 (``the '059 patent''); 8,068,171 (``the '171 patent''); and 
8,284,844 (``the '844 patent''). Id. The Commission's notice of 
investigation named as respondents MediaTek Inc. of Hsinchu City, 
Taiwan, MediaTek USA Inc. of San Jose, California, and MStar 
Semiconductor Inc. of ChuPei Hsinchu Hsien, Taiwan (together, 
``MediaTek''); Sigma Designs, Inc. of Fremont, California (``Sigma''); 
LG Electronics Inc. of Seoul, Republic of Korea and LG Electronics 
U.S.A., Inc. of Englewood Cliffs, New Jersey (together, ``LG''); Funai 
Electric Company, Ltd., of Osaka, Japan, Funai Corporation, Inc. of 
Rutherford, New Jersey, and P&F USA, Inc. of Alpharetta, Georgia 
(together, ``Funai''); and Vizio, Inc., of Irvine, California 
(``Vizio''). Id. The Office of Unfair Import Investigations is not 
participating in this investigation. Id.
    Several parties were terminated from the investigation based on 
settlement. Specifically, the Commission terminated the investigation 
with respect to Funai, Order No. 31 (Nov. 7, 2017), not reviewed Notice 
(Dec. 12, 2017); MediaTek, Order No. 35 (Nov. 29, 2017), not reviewed 
Notice (Dec. 19, 2017); and LG, Order No. 42 (Apr. 9, 2018), not 
reviewed Notice (May 4, 2018). Accordingly, only respondents Sigma and 
Vizio (together, ``Respondents'') remained in the investigation at the 
time of the final ID.
    The Commission also terminated two patents and several claims of 
the remaining patents based on Broadcom's partial withdrawal of the 
complaint. Specifically, the Commission terminated the investigation 
with

[[Page 48456]]

respect to the '967 patent, the '171 patent, claims 21-30 of the '059 
patent, and claim 14 of the '844 patent. Order No. 24 (Oct. 10, 2017), 
not reviewed Notice (Oct. 24, 2017). Broadcom also elected to withdraw 
claims 5 and 11-13 of the '844 patent in its post-hearing brief. ID at 
7. Accordingly, at the time of the final ID, the only remaining claims 
were claims 1, 10, 11, 16, 17, and 22 of the '104 patent; claims 1-4, 
6-10, of the '844 patent; and claims 11-20 of the '059 patent.
    On May 11, 2018, the ALJ issued a final ID finding no violation of 
section 337. Specifically, he found that Respondents did not infringe 
any claim, that the asserted claims of the '844 patent are invalid, and 
that Broadcom did not satisfy the technical prong of the domestic 
industry requirement for the '104 patent. On May 29, 2018, Broadcom and 
Respondents each petitioned for review of the ID. On June 6, 2018, the 
parties opposed each other's petitions.
    On July 17, 2018, the Commission determined to review the following 
issues: (1) The construction of ``a processor adapted to control a 
decoding process'' in claim 1 of the '844 patent, as well as related 
issues of infringement, invalidity, and the technical prong of the 
domestic industry requirement with respect to the limitation; (2) the 
finding that the prior art reference Fandrianto anticipates the 
limitation ``adapted to perform a decoding function on a digital media 
stream'' of claim 1 of the '844 patent; (3) the construction of ``the 
blended graphics image'' in claim 1 of the '104 patent, as well as 
related issues of infringement, invalidity, and the technical prong of 
the domestic industry requirement with respect to the limitation; (4) 
the construction of ``blend the blended graphics image with the video 
image using the alpha values and/or at least one value derived from the 
alpha values'' limitation in claim 1 of the '104 patent, as well as 
related issues of infringement, invalidity, and the technical prong of 
the domestic industry requirement with respect to the limitation; and 
(5) the finding that claims 1 and 10 of the '104 patent are invalid as 
obvious if certain claim constructions are modified. The Commission 
determined not to review the ID's finding of no violation with respect 
to the '059 patent.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions, responses, and other submissions from 
the parties and the public, the Commission has determined that Broadcom 
has not proven a violation of section 337 by Sigma and Vizio. 
Specifically, the Commission has determined to modify the ID's 
construction of ``a processor adapted to control a decoding process,'' 
and, under the modified construction, finds that the limitation is 
satisfied for the technical prong of the domestic industry requirement 
and invalidity, but is not satisfied for infringement. The Commission 
also has determined to affirm under modified reasoning that Fandrianto 
satisfies the limitation ``adapted to perform a decoding function on a 
digital media stream.'' The Commission has additionally determined to 
modify the ID's construction of ``the blended graphics image,'' and, 
under the modified construction, finds that the limitation is satisfied 
for infringement and the technical prong. The Commission has further 
determined to affirm under modified reasoning the ID's construction of 
``blend the blended graphic image with the video image using the alpha 
values and/or at least one value derived from the alpha values,'' and 
affirms the ID's findings on infringement, invalidity, and the 
technical prong with respect to the limitation. Finally, the Commission 
has determined to take no position on the ID's finding that claims 1 
and 10 of the '104 patent are obvious.
    Accordingly, the Commission has determined that Broadcom has failed 
to show a violation of section 337 with respect to both the '844 and 
'104 patents. For the '844 patent, the Commission finds that Broadcom 
failed to establish infringement, but did satisfy the technical prong 
of the domestic industry requirement. The Commission further finds that 
the Respondents showed by clear and convincing evidence that claims 1-
10 are invalid as anticipated. For the '104 patent, the Commission 
finds that Broadcom failed to show both infringement and the 
satisfaction of the technical prong of the domestic industry 
requirement. The Commission's determinations are explained more fully 
in the accompanying Opinion. All other findings in the ID under review 
that are consistent with the Commission's determinations are affirmed.
    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: September 19, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-20778 Filed 9-24-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices 48455

withhold your personal identifying Estimated Completion Time per internet server (https://www.usitc.gov).
information from public review, we Response: Varies from 10 minutes to The public record for this investigation
cannot guarantee that we will be able to 338 hours, depending on activity. may be viewed on the Commission’s
do so. Total Estimated Number of Annual electronic docket (EDIS) at https://
Abstract: The regulations at 30 CFR Burden Hours: 60,989. edis.usitc.gov. Hearing-impaired
254 establish requirements for spill- Respondent’s Obligation: Most persons are advised that information on
response plans for oil-handling facilities responses are mandatory, while others this matter can be obtained by
seaward of the coast line, including are required to obtain or retain benefits. contacting the Commission’s TDD
associated pipelines, and are the subject Frequency of Collection: On occasion, terminal on (202) 205–1810.
of this collection. This request also monthly, annually, biennially, and SUPPLEMENTARY INFORMATION: The
covers any related Notices to Lessees varies by section. Commission instituted this investigation
and Operators (NTLs) that BSEE issues Total Estimated Annual Nonhour on April 12, 2017, based on a complaint
to clarify, supplement, or provide Burden Cost: We have not identified any filed by Broadcom Corporation
additional guidance on some aspects of non-hour cost burdens associated with (‘‘Broadcom’’) of Irvine, California. 82
our regulations. this collection of information. FR 17688. The complaint alleges
BSEE uses the information collected An agency may not conduct or
violations of section 337 of the Tariff
under 30 CFR 254 to determine sponsor and a person is not required to
Act of 1930, as amended, 19 U.S.C. 1337
compliance with the Oil Pollution Act respond to a collection of information
(‘‘section 337’’), in the importation into
of 1990 (OPA) by lessees/operators. unless it displays a currently valid OMB
the United States, the sale for
Specifically, BSEE needs the control number.
The authority for this action is the importation, and the sale within the
information to:
• Determine that lessees/operators Paperwork Reduction Act of 1995 (44 United States after importation of
have an adequate plan and are U.S.C. 3501 et seq.). certain semiconductor devices and
sufficiently prepared to implement a consumer audiovisual products
Dated: August 3, 2018. containing the same that infringe U.S.
quick and effective response to a
Doug Morris, Patent Nos. 7,310,104 (‘‘the ’104
discharge of oil from their facilities or
operations. Chief, Office of Offshore Regulatory Programs. patent’’); 7,342,967 (‘‘the ’967 patent’’);
• Review plans prepared under the [FR Doc. 2018–20800 Filed 9–24–18; 8:45 am] 7,590,059 (‘‘the ’059 patent’’); 8,068,171
regulations of a State and submitted to BILLING CODE 4310–VH–P (‘‘the ’171 patent’’); and 8,284,844 (‘‘the
BSEE to satisfy the requirements in 30 ’844 patent’’). Id. The Commission’s
CFR 254 to ensure that they meet notice of investigation named as
minimum requirements of OPA. INTERNATIONAL TRADE respondents MediaTek Inc. of Hsinchu
• Verify that personnel involved in COMMISSION City, Taiwan, MediaTek USA Inc. of San
oil-spill response are properly trained Jose, California, and MStar
[Investigation No. 337–TA–1047] Semiconductor Inc. of ChuPei Hsinchu
and familiar with the requirements of
the spill-response plans and to lead and Hsien, Taiwan (together, ‘‘MediaTek’’);
Certain Semiconductor Devices and
witness spill-response exercises. Sigma Designs, Inc. of Fremont,
Consumer Audiovisual Products
• Assess the sufficiency and California (‘‘Sigma’’); LG Electronics
Containing the Same; Commission’s
availability of contractor equipment and Inc. of Seoul, Republic of Korea and LG
Final Determination of No Violation of
materials. Electronics U.S.A., Inc. of Englewood
• Verify that sufficient quantities of Section 337; Termination of the
Cliffs, New Jersey (together, ‘‘LG’’);
equipment are available and in working Investigation
Funai Electric Company, Ltd., of Osaka,
order. AGENCY: U.S. International Trade Japan, Funai Corporation, Inc. of
• Oversee spill-response efforts and Commission. Rutherford, New Jersey, and P&F USA,
maintain official records of pollution ACTION: Notice. Inc. of Alpharetta, Georgia (together,
events. ‘‘Funai’’); and Vizio, Inc., of Irvine,
• Assess the efforts of lessees/ SUMMARY: Notice is hereby given that California (‘‘Vizio’’). Id. The Office of
operators to prevent oil spills or prevent the U.S. International Trade Unfair Import Investigations is not
substantial threats of such discharges. Commission has found no violation of participating in this investigation. Id.
Title of Collection: 30 CFR part 254, section 337 of the Tariff Act of 1930, as Several parties were terminated from
Oil-Spill Response Requirements for amended, by respondents Sigma the investigation based on settlement.
Facilities Located Seaward of the Coast Designs, Inc. and Vizio, Inc. The Specifically, the Commission
Line. investigation is terminated. terminated the investigation with
OMB Control Number: 1014–0007.
Form Number: None. FOR FURTHER INFORMATION CONTACT: respect to Funai, Order No. 31 (Nov. 7,
Type of Review: Extension of a Robert Needham, Office of the General 2017), not reviewed Notice (Dec. 12,
currently approved collection. Counsel, U.S. International Trade 2017); MediaTek, Order No. 35 (Nov. 29,
Respondents/Affected Public: Commission, 500 E Street SW, 2017), not reviewed Notice (Dec. 19,
Potential respondents comprise Federal Washington, DC 20436, telephone (202) 2017); and LG, Order No. 42 (Apr. 9,
oil, gas, or sulphur lessees or operators 708–5468. Copies of non-confidential 2018), not reviewed Notice (May 4,
of facilities located in both State and documents filed in connection with this 2018). Accordingly, only respondents
Federal waters seaward of the coast line investigation are or will be available for Sigma and Vizio (together,
and oil-spill response companies. inspection during official business ‘‘Respondents’’) remained in the
daltland on DSKBBV9HB2PROD with NOTICES

Total Estimated Number of Annual hours (8:45 a.m. to 5:15 p.m.) in the investigation at the time of the final ID.
Respondents: Varies, not all of the Office of the Secretary, U.S. The Commission also terminated two
potential respondents will submit International Trade Commission, 500 E patents and several claims of the
information in any given year and some Street SW, Washington, DC 20436, remaining patents based on Broadcom’s
may submit multiple times. telephone (202) 205–2000. General partial withdrawal of the complaint.
Total Estimated Number of Annual information concerning the Commission Specifically, the Commission
Responses: 1,675. may also be obtained by accessing its terminated the investigation with

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48456 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

respect to the ’967 patent, the ’171 determined to modify the ID’s Issued: September 19, 2018.
patent, claims 21–30 of the ’059 patent, construction of ‘‘a processor adapted to Lisa Barton,
and claim 14 of the ’844 patent. Order control a decoding process,’’ and, under Secretary to the Commission.
No. 24 (Oct. 10, 2017), not reviewed the modified construction, finds that the [FR Doc. 2018–20778 Filed 9–24–18; 8:45 am]
Notice (Oct. 24, 2017). Broadcom also limitation is satisfied for the technical BILLING CODE 7020–02–P
elected to withdraw claims 5 and 11–13 prong of the domestic industry
of the ’844 patent in its post-hearing requirement and invalidity, but is not
brief. ID at 7. Accordingly, at the time satisfied for infringement. The
of the final ID, the only remaining Commission also has determined to DEPARTMENT OF LABOR
claims were claims 1, 10, 11, 16, 17, and
affirm under modified reasoning that
22 of the ’104 patent; claims 1–4, 6–10, Mine Safety and Health Administration
Fandrianto satisfies the limitation
of the ’844 patent; and claims 11–20 of
the ’059 patent. ‘‘adapted to perform a decoding Petitions for Modification of
On May 11, 2018, the ALJ issued a function on a digital media stream.’’ The Application of Existing Mandatory
final ID finding no violation of section Commission has additionally Safety Standard
337. Specifically, he found that determined to modify the ID’s
Respondents did not infringe any claim, construction of ‘‘the blended graphics AGENCY: Mine Safety and Health
that the asserted claims of the ’844 image,’’ and, under the modified Administration, Labor.
patent are invalid, and that Broadcom construction, finds that the limitation is ACTION: Notice.
did not satisfy the technical prong of the satisfied for infringement and the
domestic industry requirement for the technical prong. The Commission has SUMMARY: This notice is a summary of
’104 patent. On May 29, 2018, a petition for modification submitted to
further determined to affirm under
Broadcom and Respondents each the Mine Safety and Health
modified reasoning the ID’s
petitioned for review of the ID. On June Administration (MSHA) by the parties
construction of ‘‘blend the blended
6, 2018, the parties opposed each other’s listed below.
graphic image with the video image
petitions. DATES: All comments on the petition
using the alpha values and/or at least
On July 17, 2018, the Commission one value derived from the alpha must be received by MSHA’s Office of
determined to review the following Standards, Regulations, and Variances
values,’’ and affirms the ID’s findings on
issues: (1) The construction of ‘‘a on or before October 25, 2018.
infringement, invalidity, and the
processor adapted to control a decoding ADDRESSES: You may submit your
process’’ in claim 1 of the ’844 patent, technical prong with respect to the
limitation. Finally, the Commission has comments, identified by ‘‘docket
as well as related issues of infringement, number’’ on the subject line, by any of
invalidity, and the technical prong of determined to take no position on the
the following methods:
the domestic industry requirement with ID’s finding that claims 1 and 10 of the
1. Email: zzMSHA-comments@
respect to the limitation; (2) the finding ’104 patent are obvious.
dol.gov. Include the docket number of
that the prior art reference Fandrianto Accordingly, the Commission has the petition in the subject line of the
anticipates the limitation ‘‘adapted to determined that Broadcom has failed to message.
perform a decoding function on a digital show a violation of section 337 with 2. Facsimile: 202–693–9441.
media stream’’ of claim 1 of the ’844 respect to both the ’844 and ’104 3. Regular Mail or Hand Delivery:
patent; (3) the construction of ‘‘the patents. For the ’844 patent, the MSHA, Office of Standards,
blended graphics image’’ in claim 1 of Commission finds that Broadcom failed Regulations, and Variances, 201 12th
the ’104 patent, as well as related issues to establish infringement, but did satisfy Street South, Suite 4E401, Arlington,
of infringement, invalidity, and the Virginia 22202–5452, Attention: Sheila
the technical prong of the domestic
technical prong of the domestic industry McConnell, Director, Office of
industry requirement. The Commission
requirement with respect to the Standards, Regulations, and Variances.
limitation; (4) the construction of further finds that the Respondents
showed by clear and convincing Persons delivering documents are
‘‘blend the blended graphics image with required to check in at the receptionist’s
the video image using the alpha values evidence that claims 1–10 are invalid as
anticipated. For the ’104 patent, the desk in Suite 4E401. Individuals may
and/or at least one value derived from inspect a copy of the petition and
the alpha values’’ limitation in claim 1 Commission finds that Broadcom failed
to show both infringement and the comments during normal business
of the ’104 patent, as well as related hours at the address listed above.
issues of infringement, invalidity, and satisfaction of the technical prong of the
MSHA will consider only comments
the technical prong of the domestic domestic industry requirement. The
postmarked by the U.S. Postal Service or
industry requirement with respect to the Commission’s determinations are
proof of delivery from another delivery
limitation; and (5) the finding that explained more fully in the
service such as UPS or Federal Express
claims 1 and 10 of the ’104 patent are accompanying Opinion. All other on or before the deadline for comments.
invalid as obvious if certain claim findings in the ID under review that are
constructions are modified. The FOR FURTHER INFORMATION CONTACT:
consistent with the Commission’s
Commission determined not to review Barbara Barron, Office of Standards,
determinations are affirmed.
the ID’s finding of no violation with Regulations, and Variances at 202–693–
The authority for the Commission’s 9447 (voice), barron.barbara@dol.gov
respect to the ’059 patent.
Having examined the record of this determination is contained in section (email), or 202–693–9441 (fax). [These
daltland on DSKBBV9HB2PROD with NOTICES

investigation, including the ALJ’s final 337 of the Tariff Act of 1930, as are not toll-free numbers.]
ID, the petitions, responses, and other amended (19 U.S.C. 1337), and in part SUPPLEMENTARY INFORMATION: Section
submissions from the parties and the 210 of the Commission’s Rules of 101(c) of the Federal Mine Safety and
public, the Commission has determined Practice and Procedure (19 CFR part Health Act of 1977 and Title 30 of the
that Broadcom has not proven a 210). Code of Federal Regulations Part 44
violation of section 337 by Sigma and By order of the Commission. govern the application, processing, and
Vizio. Specifically, the Commission has disposition of petitions for modification.

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Document Created: 2018-09-25 00:21:51
Document Modified: 2018-09-25 00:21:51

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		Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-5468. 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 (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 48455