[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 15004-15005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5609]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-603]


In the Matter of: Certain DVD Players and Recorders and Certain 
Products Containing Same; Notice of a Corrected 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 issued a corrected limited exclusion order in the above-
captioned investigation. The corrected order adds language, 
inadvertently left out of the previous order, noting that products of 
Dongguan GVG Digital Products Ltd. and GVG Digital Technology Holdings 
Ltd. (collectively, the ``GVG respondents'') that practice the method 
of claim 16 of the U.S. Patent No. 5,870,523 (``the `523 patent'') are 
excluded from entry.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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 
(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: This investigation was instituted on May 8, 
2007, based on a complaint filed by Toshiba Corporation of Tokyo, Japan 
and Toshiba America Consumer Products, L.L.C., of Wayne, New Jersey 
(collectively, ``Toshiba''). The

[[Page 15005]]

complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930 (19 U.S.C. **1337) in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain DVD players and recorders and 
certain products containing the same by reason of infringement of 
claims 6 and 7 of U.S. Patent No. 5,587,991, claims 16 and 31 of the 
`523 patent, and claim 4 of U.S. Patent No. 5,956,306. The complaint 
named over a dozen respondents, including the GVG respondents.
    Each respondent has been terminated from the investigation on the 
basis of settlement, consent order, or, in the case of the GVG 
respondents, default. Because the GVG respondents were found in 
default, and thus subject to a limited exclusion order under section 
337(g)(1), 19 U.S.C. 1337(g)(1), the Commission requested briefing from 
interested parties on remedy, the public interest, and bonding on 
December 17, 2007.
    On February 15, 2008, the Commission issued a limited exclusion 
order prohibiting the unlicensed entry of certain DVD players and 
recorders and products containing same by reason of infringement of 
claims 6 and 7 of U.S. Patent No. 5,587,991, claim 31 of the `523 
patent, and claim 4 of U.S. Patent No. 5,956,306, and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
the GVG respondents. The Commission's order was delivered to the 
President and the United States Trade Representative on the day of its 
issuance.
    Under section 337(g)(1), 19 U.S.C. 1337 (g)(1), in the case of a 
defaulting respondent, the Commission presumes facts alleged in the 
complaint to be true. Accordingly, method claim 16 of the `523 patent 
should have been included in the limited exclusion order. The inclusion 
of method claim 16 will not broaden the scope of products covered by 
the exclusion order. Rather, it will merely provide an additional basis 
for exclusion of the products already covered by the order.
    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 
Sec.  210.16(c) of the Commission's Rules of Practice and Procedure (19 
CFR 210.16(c)).

    By order of the Commission.

    Issued: March 14, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-5609 Filed 3-19-08; 8:45 am]
BILLING CODE 7020-02-P