[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79214-79215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32592]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-820]


Certain Products Containing Interactive Program Guide and 
Parental Controls Technology; Institution of Investigation

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 November 15, 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; Gemstar Development 
Corporation of Santa Clara, California; and Index Systems, Inc. of 
Tortola, the British Virgin Islands. 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. 7,493,643 (``the '643 patent''); U.S. Patent 
No. RE41,993 (``the '993 patent''); U.S. Patent No. 6,701,523 (``the 
'523 patent''); and U.S. Patent No. 7,047,547 (``the '547 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 a limited 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 Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 December 15, 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, 4,' 7-10, and 13-16 of the 
'643 patent; claims 18-21, 23-25, 30, 31, 38, 39, 41, 43, 44, 49, 56, 
57, 59, 61, 62, and 67 of the '993 patent; claims 1-5, 7, 8, and 10-12 
of the '523 patent; and claims 1, 2, 4, 6, 8, 10-14, 16-18, 20, 22, 24, 
26-30, 32-34, 36, 38, 40, 42-46, 48-50, 52, 54, 56, 58-62, and 64 of 
the '547 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.

[[Page 79215]]

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.
Index Systems, Inc., Craigmuir Chambers, P.O. Box 71, Road Town, 
Tortola, British Virgin Islands.

    (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:

Vizio, Inc., 39 Tesla, Irvine, CA 92618.
Haier Group Corp., 1 Haier Road, Hi-Tech Zone, Qingdao, Shandong 
266101, China.
Haier America Trading, LLC, 1356 Broadway, New York, NY 10018.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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: December 16, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-32592 Filed 12-20-11; 8:45 am]
BILLING CODE 7020-02-P