[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Notices]
[Pages 37096-37097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5810]


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INTERNATIONAL TRADE COMMISSION

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


In the Matter of Certain Display Controllers and Products 
Containing Same and Certain Display Controllers With Upscaling 
Functionality and Products Containing Same; Notice of Institution of 
Formal Enforcement 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 instituted a formal enforcement proceeding relating to a 
limited exclusion order issued at the conclusion of the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, 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 the 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, California 
naming Media Reality Technologies, Inc. of Sunnyvale, California 
(``MRT''); Trumpion Microelectronics, Inc. (``Trumpion'') of Taipei 
City, Taiwan; and SmartASIC, Inc. of San Jose, California 
(``SmartASIC'') as respondents. 67 FR 64411. 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 with upscaling functionality and products containing same 
by reason of infringement of certain claims of U.S. Patent No. 
5,739,867 (``the '867 patent''). Id. On January 14, 2003, the then 
presiding administrative law judge (``ALJ'') issued an initial 
determination (``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 (Dec. 15, 2003). On December 5, 2003, 
the Commission determined to review the 481 Final ID in part. Id. On 
review of the 481 Final ID, the Commission determined to reverse 
portions of the ALJ's claim construction and to remand Display 
Controllers I to the ALJ. 69 FR 3602 (Jan. 26, 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 
certain claims of U.S. Patent No. 6,078,361; 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

[[Page 37097]]

'074 patent, and certain claims of the '867 patent, which was asserted 
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. In the same ID the ALJ 
terminated the investigation with respect to the '922 patent and the 
'074 patent. That ID was not reviewed by the Commission.
    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. The ALJ found a violation of section 337 in the 491 
Final ID with respect to respondent MStar, but no violation with 
respect to respondent MRT.
    On May 20, 2004, the ALJ issued an ID on remand in Display 
Controllers I (``the 481 Remand ID''). The ALJ found a violation of 
section 337 in the 481 Remand ID 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. 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.
    On August 20, 2004, the Commission issued a limited exclusion order 
in which the Commission determined that there was a violation of 
Section 337 in the unlawful importation and sale by respondents MRT, 
Trumpion, and MStar of display controllers and products containing same 
by reason of infringement of, inter alia, claims 2, 33-35, and 36 of 
the '867 patent. On August 27, 2004, the Commission issued its Opinion 
(``the 481/491 Opinion,'' or ``Consolidated Opinion'') in which it 
explained the basis for its determination. MStar appealed the 
Commission's determination on violation relating to the '867 patent to 
the U.S. Court of Appeals for the Federal Circuit. The Commission's 
determination was affirmed on May 25, 2006. MStar v. U.S. Int'l Trade 
Comm'n, 2006 WL 1476137 (Fed. Cir. 2006).
    On April 24, 2006, complainant Genesis filed a complaint for 
enforcement proceedings under Commission Rule 210.75. Genesis asserts 
that respondent MStar has violated the Commission's limited exclusion 
order by importing its Tsunami display controllers into the United 
States.
    The Commission, having examined the complaint seeking a formal 
enforcement proceeding, and having found that the complaint complies 
with the requirements for institution of a formal enforcement 
proceeding contained in Commission rule 210.75, has determined to 
institute formal enforcement proceedings to determine whether MStar is 
in violation of the Commission's limited exclusion order issued in the 
investigation, and what, if any, enforcement measures are appropriate. 
The Commission has directed the ALJ not to consider Genesis' request 
for monetary penalties for any violation of the limited exclusion order 
in light of Certain Lens-Fitted Film Packages, Inv. No. 337-TA-406 
(Consolidated Enforcement and Advisory Opinion Proceedings) Commission 
Opinion at 12 (June 23, 2003). The following entities are named as 
parties to the formal enforcement proceeding: (1) Complainant Genesis, 
(2) respondent MStar, and (3) a Commission investigative attorney to be 
designated by the Director, Office of Unfair Import Investigations.
    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 Sec.  210.75 of the Commission's Rules of Practice and Procedure (19 
CFR 210.75).

    Issued: June 23, 2006.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 06-5810 Filed 6-28-06; 8:45 am]
BILLING CODE 7020-02-P