[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Page 42138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17999]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-617]


In the Matter of Certain Digital Television Products and Certain 
Products Containing Same and Methods of Using Same; Notice of 
Commission Determination to Rescind a Limited Exclusion Order and Cease 
and Desist Orders as to Certain Respondents

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 rescind the limited exclusion order and 
cease and desist orders issued in the above-captioned investigation as 
to TPV Technology, Ltd.; TPV International (USA), Inc.; Top Victory 
Electronics (Taiwan) Co., Ltd.; and Envision Peripherals, Inc. 
(collectively, ``the TPV respondents'') based on a settlement 
agreement.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. 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 November 15, 2007, based on a complaint filed by Funai Electric Co., 
Ltd. of Japan and Funai Corporation of Rutherford, New Jersey 
(collectively ``Funai''), alleging 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 digital televisions and certain products 
containing same by reason of infringement of certain claims of United 
States Patent Nos. 5,329,369 (``the '369 patent'') and 6,115,074 (``the 
'074 patent''). The complaint named several respondents including the 
TPV respondents; and Vizio, Inc. and AmTran Technology Co., Ltd. 
(collectively, ``the Vizio respondents).
    On April 10, 2009, the Commission made its final determination in 
the investigation finding a violation of section 337 with regard to the 
'074 patent and no violation with respect to the '369 patent. The 
Commission issued a limited exclusion order and several cease and 
desist orders.
    On August 9, 2010, the Commission determined to rescind the limited 
exclusion order and cease and desist orders as to the Vizio respondents 
based on a joint motion regarding a settlement between Funai and the 
Vizio respondents.
    On December 21, 2010, the Commission modified the limited exclusion 
order and cease and desist orders based on a decision of the United 
States Court of Appeals for the Federal Circuit in Vizio, Inc. v. Int'l 
Trade Comm'n, 605 F.3d 1330 (Fed. Cir. 2010). On May 31, 2011, Funai 
and the TPV respondents filed a joint petition to rescind the modified 
remedial orders as to the TPV respondents. According to the joint 
petition, these parties have settled their dispute.
    The Commission has determined that the settlement satisfies the 
requirement of Commission Rule 210.76 (a)(1) (19 CFR 210.76(a)(1)) that 
there be changed conditions of fact or law. The Commission therefore 
has issued an order rescinding the limited exclusion order and cease 
and desist orders previously issued in this investigation as to the TPV 
respondents. The Commission's remedial orders remain in effect against 
the following respondents: Syntax-Brillian Corporation; Taiwan Kolin 
Co., Ltd.; Proview International Holdings, Ltd.; Proview Technology 
(Shenzhen) Co., Ltd.; and Proview Technology, Ltd.
    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 210.76(a)(1) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.76(a)(1)).

    By order of the Commission.

     Issued: July 13, 2011.
James R. Holbein,
Secretary to the Commission.

[FR Doc. 2011-17999 Filed 7-15-11; 8:45 am]
BILLING CODE 7020-02-P