[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33487-33488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13632]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-845]


Certain Products Containing Interactive Program Guide and 
Parental Control Technology; 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 May 1, 2012, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, on behalf 
of Rovi Corporation of Santa Clara, California; Rovi Guides, Inc. of 
Santa Clara, California; Rovi Technologies Corporation of Santa Clara, 
California; Starsight Telecast, Inc. of Santa Clara; United Video 
Properties, Inc. of Santa Clara, California; and Index Systems, Inc. of 
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 
control technology by reason of infringement of certain claims of U.S. 
Patent No. 6,701,523 (``the `523 patent''); U.S. Patent No. 6,898,762 
(``the `762 patent''); U.S. Patent No. 7,065,709 (``the `709 patent''); 
U.S. Patent No. 7,103,906 (``the `906 patent''); U.S. Patent No. 
7,225,455 (``the `455 patent''); U.S. Patent No. 7,493,643 (``the `643 
patent''); and U.S. Patent No. 8,112,776 (``the `776 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 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 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 May 25, 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 products 
containing interactive program guide and parental control technology 
that infringe one or more of claim 1-4, 10, and 11 of the `523 patent; 
claims 1, 6, 7, 12, 13, and 17 of the `762 patent; claims 13-20 of the 
`709 patent; claims 1-3, 10, and 11 of the `906 patent; 1-36 of the 
`455 patent; claims 1-4, 7-10, and 13-16 of the `643 patent; and claims 
1, 2, 4, 6, 14, 15, 17, and 19 of the `776 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., 2830 De La Cruz Boulevard, Santa Clara, CA 95050;
Rovi Technologies Corporation, 2830 De La Cruz Boulevard, Santa Clara, 
CA 95050;
Starsight Telecast, Inc., 2830 De La Cruz Boulevard, Santa Clara, CA 
95050;
United Video Properties, Inc., 2830 De La Cruz Boulevard, Santa Clara, 
CA 95050;
Index Systems, Inc., Craigmuir Chambers, P.O. Box 71, Road Town, 
Tortola, British Virgin Islands, VG.

    (b) The respondents are the following entities alleged to be in 
violation of

[[Page 33488]]

section 337, and are the parties upon which the complaint is to be 
served:

LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Youngdeungpo-gu, 
Seoul 150-721, Republic of Korea;
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632;
Mitsubishi Electric Corp., Tokyo Building, 2-7-3, Marunouchi, Chiyoda-
ku, Tokyo 100-8310, Japan;
Mitsubishi Electric US Holdings, Inc., 5665 Plaza Drive, Cypress, CA 
90630;
Mitsubishi Electric and Electronics USA, Inc., 500 Corporate Woods 
Parkway, Vernon Hills, IL 60061;
Mitsubishi Electric Visual Solutions America, Inc., 9351 Jeronimo Road, 
Irvine, CA 92618;
Mitsubishi Digital Electronics America, Inc., 9351 Jeronimo Road, 
Irvine, CA 92618;
Netflix Inc., 100 Winchester Circle, Los Gatos, CA 95032;
Roku, Inc., 12980 Saratoga Avenue, Saratoga, CA 95070;
Vizio, Inc., 39 Tesla, Irvine, CA 92618.

    (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 Imports 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.

    By order of the Commission.

    Issued: May 31, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-13632 Filed 6-5-12; 8:45 am]
BILLING CODE 7020-02-P