[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22803-22804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9174]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-837]
Certain Audiovisual Components and Products Containing the Same;
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 March 12, 2012, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
LSI Corporation of Milpitas, California and Agere Systems Inc. of
Allentown, Pennsylvania. Supplements to the Complaint were received on
March 21, 26, and 28, 2012. An amended complaint was filed on March 28,
2012. The amended 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
audiovisual components and products containing the same by reason of
infringement of certain claims of U.S. Patent No. 5,870,087 (``the `087
patent''); U.S. Patent No. 6,452,958 (``the `958 patent''); U.S. Patent
No. 6,707,867 (``the `867 patent''); and U.S. Patent No. 6,982,663
(``the `663 patent''). The amended 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 cease and desist orders.
ADDRESSES: The amended 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 the Secretary, Docket
Services Division, 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 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 11, 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 audiovisual
components and products containing the same that infringe one or more
of claims 1, 5, 7-11, and 16 of the `087 patent; claims 1-7, 10, 11,
22-26, 29, 30, 32, 35, and 36 of the `958 patent; claims 1, 4-7, 9-21,
23, 24, 26-40, 44, 45, 47, and 49-74 of the `867 patent; and claims 1-
11 of the `663 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:
LSI Corporation, 1621 Barber Lane, Milpitas, CA 95305.
Agere Systems Inc., 1110 American Parkway NE., Allentown, PA 18109.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Funai Electric Company, Ltd., 7-7-1 Nakagaito, Daito City, Osaka 574-
0013, Japan.
Funai Corporation, Inc., 201 Route 17 North, Rutherford, NJ 07070.
P&F USA, Inc., 3015 Windward Plaza, Windward Fairways II--Suite 100,
Alpharetta, GA 30005.
[[Page 22804]]
Funai Service Corporation, 2200 Spiegel Drive, Groveport, OH 43125.
MediaTek Inc., No. 1 Dusing Road 1, Hsinchu Science Park, Hsinchu City,
Taiwan 30078.
MediaTek USA Inc., 2860 Junction Avenue, San Jose, CA 95134.
MediaTek Wireless, Inc. (USA), 120 Presidential Way, Woburn, MA 01801.
Ralink Technology Corporation, 5 Tai-Yuen 1st Street, 5F, Jhubei City,
Hsinchu County, Taiwan 30265.
Ralink Technology Corporation (USA), 20833 Stevens Creek Boulevard,
Suite 200, Cupertino, CA 95014.
Realtek Semiconductor Corporation, 2 Innovation Road II, Hsinchu
Science Park, Hsinchu 300, Taiwan.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
(4) The Office of Unfair Import Investigation will not participate
as a party in this investigation.
Responses to the amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: April 11, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9174 Filed 4-16-12; 8:45 am]
BILLING CODE 7020-02-P