[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58978-58979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27374]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-634]


In the Matter of Certain Liquid Crystal Display Modules, Products 
Containing Same, and Methods Using the Same; Final Commission 
Determination of Violation; Issuance of a Limited Exclusion Order and 
Cease and Desist Orders; and Termination of the Investigation

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 terminated the above-captioned investigation with a 
finding of violation of section 337, and has issued a limited exclusion 
order directed against products of respondents Samsung Electronics Co., 
Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield Park, 
New Jersey; and Samsung Semiconductor, Inc. of San Jose, California; 
and has issued cease and desist orders against Samsung Electronics 
America, Inc. and Samsung Semiconductor, Inc.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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 
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 this investigation 
on March 4, 2008, based on a complaint filed by Sharp Corporation 
(``Sharp'') of Japan. 73 FR 11678. The complaint, as amended and 
supplemented, alleges violations of section 337 of the Tariff Act of 
1930, as amended, 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 liquid crystal display devices, products 
containing same, and methods for using the same by reason of 
infringement of certain claims of U.S. Patent Nos. 6,879,364 (``the 
'364 patent''); 6,952,192 (``the '192 patent''); 7,304,703 (``the '703 
patent''); and 7,304,626 (``the '626 patent''). The complaint further 
alleges the existence of a domestic industry. The Commission's notice 
of investigation named the following respondents: Samsung Electronics 
Co., Ltd. of Korea; Samsung Electronics America, Inc. of Ridgefield 
Park, New Jersey; and Samsung Semiconductor, Inc. of San Jose, 
California (collectively, ``Samsung'').
    On June 12, 2009, the ALJ issued his final ID finding a violation 
of section 337 by Samsung. He also issued his recommendation on remedy 
and bonding during the period of Presidential review. On June 29, 2009, 
Samsung and the Commission investigative attorney (``IA'') filed 
petitions for review of the final ID. The IA and Sharp filed responses 
to the petitions on July 7, 2009. On September 9, 2009, the Commission 
issued notice of its determination not to review the ALJ's final ID and 
requested written submissions on the issues of remedy, the public 
interest, and bonding from the parties and interested non-parties. 74 
FR 47616-17 (Sept. 16, 2009).
    On September 16 and 23, 2009, respectively, complainant Sharp, the 
Samsung respondents, and the IA filed briefs and reply briefs on the 
issues for which the Commission requested written submissions. On 
September 21, 2009, Samsung filed a petition for reconsideration of the 
Commission's

[[Page 58979]]

determination not to review certain portions of the final ID. On 
October 19, 2009, the Commission issued an order denying the petition 
for reconsideration.
    On October 30, 2009, Samsung filed a supplemental submission on the 
issues of remedy, the public interest, and bonding. On November 2 and 
3, 2009, respectively, Sharp and the IA filed a response to Samsung's 
supplemental submission.
    The Commission has made its determination on the issues of remedy, 
the public interest, and bonding. The Commission has determined that 
the appropriate form of relief is both: (1) A limited exclusion order 
prohibiting the unlicensed entry of LCD devices, including display 
panels and modules, and products containing the same that infringe one 
or more of (i) claims 5-7 of the '364 patent; (ii) claims 1 and 4 of 
the '192 patent; (iii) claims 1-2, 6-8, 13-14, and 16-17 of the '703 
patent; and (iv) claims 10, 17, and 20 of the '626 patent, where the 
infringing LCD devices are manufactured abroad by or on behalf of, or 
are imported by or on behalf of, Samsung, or any of its affiliated 
companies, parents, subsidiaries, licensees, contractors, or other 
related business entities, or successors or assigns; and (2) cease and 
desist orders prohibiting Samsung Electronics America, Inc. and Samsung 
Semiconductor, Inc. from conducting any of the following activities in 
the United States: Importing, selling, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
and soliciting U.S. agents or distributors for, LCD devices, including 
display panels and modules, and products containing the same that 
infringe one or more of (i) Claims 5-7 of the '364 patent; (ii) claims 
1 and 4 of the '192 patent; (iii) claims 1-2, 6-8, 13-14, and 16-17 of 
the '703 patent; and (iv) claims 10, 17, and 20 of the '626 patent.
    The Commission further determined that the public interest factors 
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude 
issuance of the limited exclusion order or the cease and desist order. 
Finally, the Commission determined that a 100 percent bond of the 
entered value of the covered products is required to permit temporary 
importation during the period of Presidential review (19 U.S.C. 
1337(j)). The Commission's orders and opinion were delivered to the 
President and to the United States Trade Representative on the day of 
their issuance.
    The Commission has terminated this investigation. 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 sections 
210.42, 210.45, and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42, 210.45, 210.50).

    Issued: November 9, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-27374 Filed 11-13-09; 8:45 am]
BILLING CODE 7020-06-P