[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Page 59425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24576]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

 [Investigation No. 337-TA-712]


 In the Matter of Certain Digital Set-Top Boxes and Components 
Thereof; Notice of Commission Determination to Grant Respondent'S 
Petition For Reconsideration of the Commission Decision Not to Review a 
Final Initial Determination Finding a Violation of Section 337; 
Termination of the Investigation With a Finding of No Violation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (Athe Commission@) has determined to reconsider its decision 
not to review the final initial determination (AID@) issued by the 
presiding administrative law judge (AALJ@) on May 20, 2011, in the 
above-captioned investigation, and, on review, to find no violation of 
section 337 and terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3104. 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: This investigation was instituted on April 
21, 2010, based on a complaint filed by Verizon Communications Inc. and 
Verizon Services Corp. (collectively, AVerizon@), alleging a violation 
of section 337 in the importation, sale for importation, and sale 
within the United States after importation of certain digital set-top 
boxes and components thereof, that infringe one or more of claim 14 of 
U.S. Patent No. 5,635,979; claim 38 of U.S. Patent No. 5,666,293; claim 
13 of U.S. Patent No. 6,381,748 (``the '748 patent''); claim 14 of U.S. 
Patent No. 6,367,078; and claim 5 of U.S. Patent No. 7,561,214. 75 FR. 
20861 (2010). Complainant named Cablevision Systems Corp. of Bethpage, 
New York (ACablevision@) as the only respondent. Id.
    On May 20, 2011, the ALJ issued his final ID finding a violation of 
section 337. Specifically, the ALJ found that a violation of section 
337 has occurred in the importation into the United States, the sale 
for importation, or the sale within the United States after importation 
of certain digital set-top boxes and components thereof that infringe 
claim 13 of the >748 patent. On July 21, 2011, the Commission 
determined not to review the ALJ's final ID, and requested that the 
parties file written submissions on the issues of remedy, the public 
interest, and bonding. See Notice of Commission Determination Not To 
Review a Final Initial Determination (Dated July 21, 2011). The parties 
filed timely opening and responsive submissions.
    On August 8, 2011, respondent Cablevision filed a petition for 
reconsideration of the Commission's determination not to review the 
ALJ's finding of a violation of section 337 based on infringement of 
claim 13 of the >748 patent. Respondent sought reconsideration of the 
Commission's determination based on the August 2, 2011, entry of final 
judgment by the U.S. District Court for the Eastern District of 
Virginia in ActiveVideo Networks, Inc. v. Verizon Commc'ns Inc., No. 
2:10-cv-248 (E.D. Va.) and the previous ruling in that action that 
claim 13 of the >748 patent is invalid. Complainant Verizon filed an 
opposition to respondent's petition, whereas the Commission 
investigative attorney filed a response supporting respondent's 
petition.
    Having examined the record in this investigation, the Commission 
has determined to grant respondent's petition for reconsideration and 
waive its requirement that any petition for reconsideration be filed 
within 14 days of the action taken. Accordingly, the Commission has 
determined to review the ALJ's final ID and, on review, to find that 
there is no violation of section 337 in this investigation based on the 
preclusive effects of the district court's finding of invalidity. The 
investigation is terminated. A Commission opinion in support of this 
determination will be issued shortly.
    The authority for this action is contained in section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 201. 4 
and 210.45-50 of the Commission's Rules of Practice and Procedure (19 
CFR 201.4, 210.45-50).

    By order of the Commission.

     Issued: September 20, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-24576 Filed 9-23-11; 8:45 am]
BILLING CODE 7020-02-P