[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67249-67250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30141]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-631]


In the Matter of Certain Liquid Crystal Display Devices and 
Products Containing the Same; Notice of Commission Determination To 
Modify a Limited Exclusion Order and Cease and Desist Orders

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 determined to modify the limited exclusion order and 
cease and desist orders issued in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, 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 
(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 January 25, 2008, based on a complaint filed by Samsung Electronics 
Co., Ltd. (``Samsung'') of Korea. 73 FR 4626-27. The complaint, as 
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 (``LCD'') devices 
and products containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 7,193,666; 6,771,344 (``the '344 patent''); 
7,295,196; and 6,937,311 (``the `311 patent''). The complaint further 
alleges the existence of a domestic industry as to each asserted 
patent. The Commission's notice of investigation named the following 
respondents: Sharp Corporation of Japan; Sharp Electronics Corporation 
of Mahwah, New Jersey; and Sharp Electronics Manufacturing, Company of 
America, Inc. of San Diego, California.
    On January 26, 2009, the ALJ issued his final initial determination 
(``ID'') finding a violation of section 337 by respondents as to the 
'311 and '344 patents only, and issued his recommended determinations 
on remedy and bonding. On February 9, 2009, Sharp and the Commission 
investigative attorney (``IA'') filed petitions for review of the final 
ID. The IA and Samsung filed responses to the petitions on February 17, 
2009.
    On March 30, 2009, the Commission determined to review the ID and 
requested submissions regarding the issues under review as well as 
remedy, the public interest and bonding. On June 24, 2009, the 
Commission determined that there is a violation of section 337 of the 
Tariff Act of 1930, as amended, and issued a limited exclusion order 
directed to all respondents and cease and desist orders directed to the 
respondents located in the U.S..
    On November 24, 2009, Sharp petitioned to modify the remedial 
orders under Commission Rule 210.76(a)(1) in view of the remedial 
orders issued in 337-TA-634, Certain Liquid Crystal Display Modules, 
Products Containing Same, and Methods for Using the Same. The IA filed 
a response in support of the petition on November 30, 2009. On December 
2, 2009, Samsung filed a response opposing the petition if not 
supplemented. On December 8, 2009, Sharp moved for leave to file a 
reply brief. The Commission has determined to deny Sharp's motion for 
leave to file a reply.
    Having reviewed the parties' submissions, the Commission has 
determined that Sharp's petition satisfies the requirement of 
Commission Rule 210.76(a)(1), 19 CFR 210.76(a)(1), for modifying the 
remedial orders. Accordingly, the Commission has issued orders 
modifying the remedial orders previously issued in this investigation.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.76(a)(1) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.76(a)(1)).

    By order of the Commission.


[[Page 67250]]


    Issued: December 14, 2009.
Marilyn R. Abbott,
Secretary.
[FR Doc. E9-30141 Filed 12-17-09; 8:45 am]
BILLING CODE 7020-02-P