[Federal Register Volume 69, Number 165 (Thursday, August 26, 2004)]
[Notices]
[Pages 52523-52525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19502]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-491; Inv. No. 337-TA-481 (consolidated)]


In the Matter of: Certain Display Controllers and Products 
Containing Same and Certain Display Controllers With Upscaling 
Functionality and Products Containing Same; Termination of Consolidated 
Investigations; Issuance of Limited Exclusion Order

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 a violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, with respect to three respondents and has issued 
a limited exclusion order in the above-captioned consolidated 
investigation. The Commission has also determined to grant 
complainant's July 27, 2004, motion for leave to file a surreply, and 
to strike exhibits A and B attached to complainant's July 16, 2004, 
submission.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., or Clara 
Kuehn, Esq., Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 
205-3061. Copies of all nonconfidential 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 (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://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 Inv. No. 337-TA-
481, Certain Display Controllers with Upscaling Functionality and 
Products Containing Same (``Display Controllers I'' or ``481 
investigation'') on October 18, 2002, based on a complaint filed by 
Genesis Microchip (Delaware) Inc. (``Genesis'') of Alviso, CA naming 
Media Reality Technologies, Inc. of Sunnyvale, CA (``MRT''); Trumpion 
Microelectronics, Inc. (``Trumpion'') of Taipei City, Taiwan; and 
SmartASIC, Inc. of San Jose, CA as respondents. 67 FR 64411. On January 
14, 2003, the then presiding ALJ issued an ID terminating respondent 
SmartASIC from the investigation on the basis of a settlement 
agreement. That ID was not reviewed by the Commission. The final ID in 
Display Controllers I (``the 481 Final ID'') issued on October 20, 
2003. 68 FR 69719. The ALJ found no violation of section 337 based on 
his findings that respondents' accused products do not infringe claims 
1-3, 5, 6, 9, 12, 13, 16, 17, 33-36, 38, or 39 of U.S. Patent No. 
5,739,867 (``the `867 patent''), claims 1 and 9 of the `867 are 
invalid, and that complainant Genesis has not satisfied the domestic 
industry requirement of section 337.

[[Page 52524]]

    On December 5, 2003, the Commission determined to review the 481 
Final ID in part. Id. The Commission determined to review portions of 
the ALJ's claim construction, all of the ALJ's non-infringement 
findings, the ALJ's finding that complainant Genesis does not practice 
any claims of the `867 patent, and the ALJ's findings that neither the 
Spartan reference nor the ACUITY Application Note anticipate the 
asserted claims of the `867 patent. On review of the 481 Final ID, the 
Commission determined to reverse portions of the ALJ's claim 
construction and to remand the investigation to the ALJ. On January 20, 
2004, the Commission ordered that the ALJ conduct further proceedings 
and make any findings necessary in order to determine whether, in light 
of the claim construction determinations made by the Commission: (a) 
The accused products in the 481 investigation infringe the asserted 
claims of the `867 patent; (b) complainant Genesis satisfies the 
technical prong of the domestic industry requirement; (c) the Spartan 
Zoom Engine constitutes prior art to the `867 patent and whether it 
anticipates the asserted claims of the `867 patent; and (d) the Acuity 
Application Note constitutes an enabling prior art reference that 
anticipates the asserted claims of the `867 patent. 69 FR 3602 (Jan. 
26, 2004). On review of the 481 Final ID, the Commission remanded 
Display Controllers I to the ALJ. 69 FR 3602 (Jan. 26, 2004). The 
remand order directed that the ALJ issue his findings by May 20, 2004, 
and set a schedule for the filing by the parties of comments on the 
ALJ's findings and response comments. The remand order also extended 
the target date for completion of the 481 investigation to August 20, 
2004.
    The Commission instituted Inv. No. 337-TA-491, Certain Display 
Controllers and Products Containing Same (``Display Controllers II'' or 
``491 investigation'') on April 14, 2003, based on a complaint filed on 
behalf of Genesis. 68 FR 17964 (Apr. 14, 2003). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930 in the importation into the United States, sale for importation, 
and sale within the United States after importation of certain display 
controllers and products containing same by reason of infringement of 
claims 13 and 15 of U.S. Patent No. 6,078,361 (``the `361 patent''); 
certain claims of U.S. Patent No. 5,953,074 (``the `074 patent''); and 
certain claims of U.S. Patent No. 6,177,922 (``the 922 patent''). The 
notice of investigation named three respondents: Media Reality 
Technologies, Inc. of Taipei, Taiwan; MRT; and Trumpion. Id. Both 
Trumpion and MRT were also named respondents in Display Controllers I.
    On June 20, 2003, the ALJ issued an ID (Order No. 5) amending the 
complaint and notice of investigation in Display Controllers II to add 
MStar Semiconductor, Inc. (``MStar'') as a respondent, additional 
claims of the `074 patent, and claims 1-3, 5, 6, 9, 12, 13, 16, 17, 33-
36, 38, and 39 of the `867 patent, the same patent at issue in the 481 
investigation. That ID was not reviewed by the Commission. 68 FR 44967 
(July 31, 2003).
    On November 10, 2003, the ALJ issued an ID (Order No. 38) granting 
complainant's motion to terminate the Display Controllers II 
investigation with respect to Trumpion, the `922 patent, and the `074 
patent. That ID was not reviewed by the Commission.
    On January 6, 2004, a tutorial session was held in Display 
Controllers II. An evidentiary hearing was held on January 6-15, 20, 
and February 2-3, 2004. On April 14, 2004, the ALJ issued his final ID 
(``the 491 Final ID'') and recommended determination on remedy and 
bonding in Display Controllers II. In the 491 Final ID, the ALJ found a 
violation of section 337 with respect to respondent MStar, but no 
violation with respect to respondent MRT.
    Complainant Genesis, respondents MRT and MStar, and the Commission 
investigative attorney each petitioned for review of portions of the 
491 Final ID, and filed responses to the petitions for review. On May 
13, 2004, respondent MStar filed a motion for leave to reply and with 
an attached reply.
    On May 20, 2004, the ALJ issued an ID in Display Controllers I 
(``the 481 Remand ID'') on remand. In the 481 Remand ID, the ALJ found 
a violation of section 337 with respect to both respondents in Display 
Controllers I, MRT and Trumpion.
    On May 21, 2004, the Commission issued an order consolidating the 
481 and 491 investigations and set the target date for completion of 
the consolidated investigation to August 20, 2004.
    On June 2, 2004, respondent Trumpion filed a petition for review of 
the 481 Remand ID. On the same day, the IA filed comments on issues 
decided in the 481 Remand ID. On June 7, 2004, respondent MRT filed a 
petition for review of the 481 Remand ID. The IA and complainant 
Genesis filed timely responses to the petitions.
    On July 6, 2004, the Commission determined to review portions of 
the 481 Remand ID and portions of the 491 Final ID. 69 FR 41846.
    In its review notice, the Commission invited the parties to file 
written submissions on the issues under review, invited interested 
persons to file written submissions on the issues of remedy, the public 
interest and bonding, and provided a schedule for filing such 
submissions. The Commission also requested briefing from the parties on 
six questions. Initial briefs were filed on July 16, 2004, and reply 
briefs were filed on July 23, 2004. On July 27, 2004, Genesis filed a 
motion for leave to file a surreply to MStar's reply brief with 
attached surreply. On July 29, 2004, MStar filed its opposition to 
Genesis's motion.
    Having reviewed the record in this consolidated investigation, 
including the parties' written submissions and responses thereto, the 
Commission determined as follows: (1) There is a violation of section 
337 by respondent MStar with respect to claims 2, 33, 34, 35, and 36 of 
the `867 patent, but no violation with respect to claims 1 and 9 of the 
`867 patent; (2) there is a violation of section 337 by respondent MRT 
with respect to claims 2, 3, 5, 6, 12, 13, 16, 17, 33-36, 38, and 39 of 
the `867 patent; and (3) there is a violation of section 337 by 
respondent Trumpion with respect to claims 2, 33-35, and 36 of the `867 
patent. The Commission previously found that there is no violation of 
section 337 by any respondent with respect to the `361 patent because 
it determined not to review the ALJ's infringement findings with 
respect to the limitations of claim elements 13(a) or 15(a) and not to 
review the ALJ's findings that complainant's Detroit products and 
Jasper/Reno products do not practice the limitations of claim elements 
13(a) or 15(a) as required to satisfy the technical prong of the 
domestic industry requirement.
    Having determined that a violation of section 337 has occurred in 
the importation, sale for importation, or sale in the United States of 
the accused display controllers, the Commission considered the issues 
of the appropriate form of relief, whether the public interest 
precludes issuance of such relief, and the bond during the 60-day 
Presidential review period.
    The Commission determined that a limited exclusion order 
prohibiting the importation of the accused display controllers, as well 
as circuit boards and LCD monitors (exclusive of television monitors) 
containing same, directed to respondents MRT, Trumpion, and MStar is 
the appropriate form of relief. The Commission further determined that 
the statutory public interest factors

[[Page 52525]]

do not preclude the issuance of such relief, and that respondent's bond 
under the limited exclusion order shall be in the amount of $1.00 per 
covered product.
    The Commission also determined to grant complainant's July 27, 
2004, motion for leave to file a surreply, and to strike exhibits A and 
B attached to complainant's July 16, 2004, submission.
    The Commission's opinion setting forth its reasoning shall issue 
shortly.
    The authority for the Commission's determinations is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.45-210.51 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45-210.51).

    Issued: August 20, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-19502 Filed 8-25-04; 8:45 am]
BILLING CODE 7020-02-P