83 FR 51500 - Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; Commission Determination To Institute a Modification and Rescission Proceeding; Modification and Rescission of Certain Remedial Orders; and Termination of the Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 197 (October 11, 2018)

Notice is hereby given that the U.S. International Trade Commission has determined to institute a modification and rescission proceeding. The Commission has further determined to grant a joint petition to modify in part a limited exclusion order (``LEO'') as to Respondent VIZIO, Inc. (``VIZIO'') and to rescind the cease and desist order (``CDO'') against VIZIO, based on a settlement agreement. The Commission has issued a modified LEO. The modification and rescission proceeding is terminated.

[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51500-51501]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22115]


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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 Institute a 
Modification and Rescission Proceeding; Modification and Rescission of 
Certain Remedial Orders; and Termination of the Proceeding

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 institute a modification and rescission 
proceeding. The Commission has further determined to grant a joint 
petition to modify in part a limited exclusion order (``LEO'') as to 
Respondent VIZIO, Inc. (``VIZIO'') and to rescind the cease and desist 
order (``CDO'') against VIZIO, based on a settlement agreement. The 
Commission has issued a modified LEO. The modification and rescission 
proceeding 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 Advanced Micro Devices, Inc. of Sunnyvale, California and 
ATI Technologies ULC of Canada (collectively, ``AMD'' or 
``Complainants''). See 82 FR 14748

[[Page 51501]]

(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; U.S. Patent No. 8,760,454; and U.S. Patent No. 9,582,846. 
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 Administrative Law Judge (``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, ``Respondents'').
    On April 13, 2018, the ALJ issued her final initial determination 
(``FID'') finding a violation of section 337 with respect to the '506 
patent. On August 22, 2018, the Commission affirmed with modification 
the FID's findings. See 83 FR 43899-900 (Aug. 28, 2018). The Commission 
also determined that the appropriate remedy is a LEO against 
Respondents' infringing products and CDOs against VIZIO and SDI. See 
id.
    On September 11, 2018, Complainants and VIZIO filed a joint 
petition (Petition) to modify in part the LEO as to VIZIO and to 
rescind the CDO against VIZIO, based on a settlement agreement. The 
Petition states that ``[p]ursuant to this settlement, all VIZIO 
articles currently covered by the Commission's Limited Exclusion Order 
are now licensed.'' See Petition at 1. On September 21, 2018, the 
Investigative Attorney filed a response in support of the Petition. No 
other party filed a response or opposition to the Petition.
    In view of the settlement agreement between Complainants and VIZIO, 
the Commission finds that the conditions justifying the remedial orders 
against Respondent VIZIO no longer exist, and therefore, granting the 
petition is warranted under 19 U.S.C. 1337(k) and 19 CFR 210.76(a). 
Accordingly, the Commission has determined to institute a modification 
and rescission proceeding. The Commission has further determined to 
grant the joint petition to modify in part the LEO as to VIZIO and to 
rescind the CDO against VIZIO. The Commission has issued a modified 
LEO. The modification and rescission proceeding is terminated.
    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: October 5, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-22115 Filed 10-10-18; 8:45 am]
 BILLING CODE 7020-02-P