[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Page 67248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30144]


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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 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 and cease and desist orders issued at the 
conclusion of the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, 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 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 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 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 (``Sharp Corp.'') of Japan; Sharp Electronics Corporation 
(``SEC'') of Mahwah, New Jersey; and Sharp Electronics Manufacturing, 
Company of America, Inc. (``SEMA'') of San Diego, California 
(collectively ``Sharp'').
    On June 24, 2009, after reviewing in part the ALJ's final initial 
determination and requesting submissions on the issues of remedy, the 
public interest, and bonding, 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 Sharp products found 
in violation and cease and desist orders directed to SEC and SEMA. The 
limited exclusion order prohibits the unlicensed entry of liquid 
crystal display (``LCD'') devices, including display panels and 
modules, and LCD televisions or professional displays containing the 
same that infringe the asserted claims of the '344 patent that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
any of the Sharp respondents. The cease and desist orders prohibit SEC 
and SEMA from engaging in certain activities in the United States 
related to the infringing LCD devices.
    On December 1, 2009, complainant Samsung filed a complaint for 
enforcement proceedings under Commission Rule 210.75. Samsung asserts 
that Sharp has violated the Commission's limited exclusion and cease 
and desist orders by the continued practice of prohibited activities 
such as importing, marketing and selling infringing LCD devices, 
including LCD panels and modules, and LCD televisions and professional 
displays containing the same.
    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, the Commission has determined to 
institute formal enforcement proceedings to determine whether Sharp is 
in violation of the Commission's limited exclusion order and cease and 
desist orders issued in the investigation, and what, if any, 
enforcement measures are appropriate. The following entities are named 
as parties to the formal enforcement proceeding: (1) Complainant 
Samsung, (2) all Sharp respondents, 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 section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    By order of the Commission.

    Issued: December 14, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-30144 Filed 12-17-09; 8:45 am]
BILLING CODE 7020-02-P