[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Pages 64240-64241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22207]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-617]


In the Matter of Certain Digital Televisions and Certain Products 
Containing Same and Methods of Using Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 15, 2007, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Funai Electric Co., Ltd. of Japan and Funai Corporation, Inc. of 
Rutherford, New Jersey. The complaint alleges violations of section 337 
in the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
digital televisions and certain products containing same and methods of 
using same by reason of infringement of certain claims of U.S. Patent 
Nos. 6,115,074 and 5,329,369. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337. The complainants request that the Commission institute 
an investigation and, after the investigation, issue a

[[Page 64241]]

permanent exclusion order and a permanent cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its Internet server at 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.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2576.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 8, 2007, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain digital 
televisions and certain products containing same and methods of using 
same by reason of infringement of one or more of claims 1, 4, 5, 8, 9, 
and 23 of U.S. Patent No. 6,115,074 and claims 1-3, 5, 7, 10-13, 15, 
and 19-29 of U.S. Patent No. 5,329,369, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

Funai Electric Co., Ltd., 7-1, 7-Chome, Nakagaito, Daito City, Osaka, 
574-0013, Japan.
Funai Corporation, Inc., 201 Route 17, North, Suite 903, Rutherford, 
New Jersey 07070.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Vizio, Inc., 39 Tesla, Irvine, California 92618.
AmTran Technology Co., Ltd., 17F, 268, Lien Cheng Rd., Chungho City, 
Taipei Hsien, Taiwan 23553.
Polaroid Corporation, 1265 Main Street, Building W3, Waltham, 
Massachusetts 02451.
Petters Group Worldwide, LLC, 4400 Baker Road, Minnetonka, Minnesota 
55343.
Syntax-Brillian Corporation, 1600 North Desert Drive, Tempe, Arizona 
85281.
Taiwan Kolin Co., Ltd., 10F, 86 Section 1 Chung-King South 
Road, Taipei City, Taiwan 10048.
Proview International Holdings, Ltd., Unit 901, Paul Y Centre, No. 51 
Hung To Road, Kun Tong, Hong Kong.
Proview Technology (Shenzhen) Co., Ltd., North Block 21, 23, 
Shataukok Free Trade Zone, Shen Zhen, China.
Proview Technology, Ltd., 7373 Hunt Avenue, Garden Grove, California 
92841.
TPV Technology, Ltd., Room 2108, 21/F, Harcourt House, 39 Gloucester 
Road, Wanchai, Hong Kong.
TPV International (USA), Inc., 3737 Executive Center Drive, Suite 261, 
Austin, Texas.
Top Victory Electronics (Taiwan) Co., Ltd., 10/F, 230, 
Liancheng Road, Zhonghe City, Taipei Hsien, Taiwan 23552.
Envision Peripherals, Inc., 47490 Seabridge Drive, Fremont, California 
94538.
International Reliance Corp., 550 Cliffside Drive, San Dimas, 
California 91773.

    (c) The Commission investigative attorney, party to this 
investigation, is David O. Lloyd, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Carl C. 
Charneski is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of a permanent exclusion 
order or cease and desist order or both directed against a respondent.

    Issued: November 8, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-22207 Filed 11-14-07; 8:45 am]
BILLING CODE 7020-02-P