[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54253-54254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22265]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-801]


In the Matter of Certain Products Containing Interactive Program 
Guide and Parental Controls Technology; Notice of Institution of 
Investigation

    Institution of investigation pursuant to 19 U.S.C. 1337.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 26, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Rovi Corporation of Santa Clara, California; Rovi Guides, Inc. (f/k/a 
Gemstar-TV Guide International Inc.), of Santa Clara, California; 
United Video Properties, Inc. of Santa Clara, California; and Gemstar 
Development Corporation of Santa Clara, California. The complaint 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain products containing interactive 
program guide and parental controls technology by reason of 
infringement of certain claims of U.S. Patent No. 6,305,016 (``the '016 
patent''); U.S. Patent No. 7,493,643 (``the '643 patent''); and U.S. 
Patent No. RE41,993 (``the '993 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(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.

FOR FURTHER INFORMATION CONTACT: The Office of Dockets Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2011).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 25, 2011, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain products 
containing interactive program guide and parental controls technology 
that infringe one or more of claims 1-3, 13-16, 20, 26, and 27 of the 
'016 patent; claims 1-4, 7-10, and 13-16 of the '643

[[Page 54254]]

patent; and claims 18-21, 23-25, 30, 31, 38, 39, 41, 43, 44, 49, 56, 
57, 59, 61, 62, and 67 of the '993 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

Rovi Corporation, 2830 De La Cruz Boulevard, Santa Clara, CA 95050.
Rovi Guides, Inc. (f/k/a Gemstar-TV Guide International Inc.), 2830 De 
La Cruz Boulevard, Santa Clara, CA 95050.
United Video Properties, Inc., 2830 De La Cruz Boulevard, Santa Clara, 
CA 95050.
Gemstar Development Corporation, 2830 De La Cruz Boulevard, Santa 
Clara, CA 95050.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
Sharp Corporation, 22-22 Nagaike-cho, Abeno-ku, Osaka 545-8522, Japan.
Sharp Electronics Corporation, 1 Sharp Plaza, Mahwah, NJ 07495.
Sharp Electronics Manufacturing, Company of America, Inc., 1 Sharp 
Plaza, Mahwah, NJ 07495.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: August 25, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22265 Filed 8-30-11; 8:45 am]
BILLING CODE 7020-02-P