[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1505-1506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-178]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-822]


Certain Integrated Circuits, Chipsets, and Products Containing 
Same Including Televisions; 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 November 30, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Freescale Semiconductor, Inc. of Austin, Texas. 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 integrated circuits, chipsets, and 
products containing same including

[[Page 1506]]

televisions by reason of infringement of certain claims of U.S. Patent 
No. 5,467,455 (``the `455 patent''). The complaint further alleges that 
an industry in the United States exists as required by subsection 
(a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

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 January 3, 2012, 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 integrated 
circuits, chipsets, and products containing same including televisions 
that infringe one or more of claims 9 and 10, 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 complainant is:
Freescale Semiconductor, Inc., 6501 William Cannon Drive West, Austin, 
TX 78735.
    (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:
MediaTek Inc., No. 1 Dusing Road 1, Hsinchu Science Park, Hsinchu City, 
Taiwan.
Zoran Corporation, 1390 Kifer Road, Sunnyvale, CA 94086.
Vizio, Inc., 39 Tesla, Irvine, CA 92618.
Sanyo Electric Co., Ltd., 5-5 Keihan-Hondori, 2-chome Moriguchi, Osaka, 
Japan.
Sanyo North America Corporation, 2055 Sanyo Avenue, San Diego, CA 
92154.
Sanyo Manufacturing Corporation, 3333 Sanyo Road, Forrest City, AR 
72335.
TPV Technology Limited, Suite 1023, 10th Floor, Ocean Centre, Harbour 
City, 5 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong.
TPV International (USA) Inc., 3737 Executive Center Drive, Suite 261, 
Austin, TX 78731.
Top Victory Electronics (Taiwan) Co., Ltd., Zhounghe City, Taiwan.
Top Victory Electronics (Fujian) Co., Ltd., Fuqing City, China.
AOC International (USA) Ltd., 47490 Seabridge Drive, Fremont, CA 94538.
Envision Peripherals, Inc., 47490 Seabridge Drive, Fremont, CA 94538.
Amtran Technology Co., Ltd., No. 268, LianCheng Road, Jhonghe District, 
Xinbei City, Taiwan.
Amtran Logistics, Inc., 9 Goddard, Irvine, CA 92618.
    (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.
    The Commission notes that issues regarding whether Complainant may 
be precluded from asserting its complaint in light of a Commission 
decision in a prior investigation involving the same patent may be 
present here. In instituting this investigation, the Commission has not 
made any determination as to whether Complainant is so precluded. 
Accordingly, the presiding administrative law judge may wish to 
consider this issue at an early date. Any such decision should be 
issued in the form of an initial determination (ID) under Rule 
210.42(c), 19 CFR 210.42(c). The ID will become the Commission's final 
determination 45 days after the date of service of the ID unless the 
Commission determines to review the ID. Any such review will be 
conducted in accordance with Commission Rules 210.43, 210.44 and 
210.45, 19 CFR 210.43, 210.44, and 210.45.
    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.

    By order of the Commission.
     Issued: January 4, 2012.
James R. Holbein,
Secretary to the Commission.

[FR Doc. 2012-178 Filed 1-9-12; 8:45 am]
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