[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77092-77093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31330]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-805]


Certain Devices for Improving Uniformity Used in a Backlight 
Module and Components Thereof and Products Containing Same; Commission 
Decision To Review a Final Initial Determination Finding No Violation 
of Section 337; Remand-in-Part of the Investigation to the 
Administrative Law Judge

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the presiding administrative law 
judge's (``ALJ'') final initial determination (``ID'') issued on 
October 22, 2012, finding no violation of section 337 of the Tariff Act 
of 1930, (as amended), 19 U.S.C. 1337 (``section 337''), in the above-
captioned investigation. The Commission has also determined to remand-
in-part the investigation to the ALJ.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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: The Commission instituted this investigation 
on September 14, 2011, based on a complaint filed by Industrial 
Technology Research Institute of Hsinchu, Taiwan and ITRI International 
Inc. of San Jose, California (collectively ``ITRI''). 76 FR 56796-97 
(Sept. 14, 2011). The complaint alleges violations of section 337 in 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain devices 
for improving uniformity used in a backlight module and components 
thereof and products containing same by reason of infringement of 
certain claims of U.S. Patent No. 6,883,932 (``the '932 patent''). The 
complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation named as respondents LG 
Corporation of Seoul, Republic of South Korea; LG Electronics, Inc. of 
Seoul, Republic of South Korea; and LG Electronics, U.S.A., Inc. of 
Englewood Cliffs, New Jersey. The Office of Unfair Import Investigation 
was named as a participating party. The complaint was later amended to 
add respondents LG Display Co., Ltd. of Seoul, Republic of South Korea 
and LG Display America, Inc. of San Jose, California to the 
investigation. Notice (Feb. 2, 2012); Order No. 11 (Jan. 19, 2012). The 
Commission later terminated LG Corporation from the investigation. 
Notice (July 13, 2012); Order No. 18 (June 22, 2012).
    On October 22, 2012, the ALJ issued his ID, finding no violation of 
section 337 as to the '932 patent. The ID included the ALJ's 
recommended determination (``RD'') on remedy and bonding. In 
particular, the ALJ found that claims 6, 9 and 10 of the '932 patent 
are not infringed literally or under the Doctrine of Equivalents by the 
accused products under his construction of the claim limitation 
``structured arc sheet'' found in claim 6. The ALJ also found that 
ITRI's domestic industry product does not satisfy the technical prong 
of the domestic industry requirement. The ALJ did find, however, that 
ITRI has satisfied the economic prong of the domestic industry 
requirement under 19 U.S.C. 1337(a)(3)(A) and (B). Because he found no 
infringement and no domestic industry, the ALJ did not reach the issues 
of patent validity or

[[Page 77093]]

enforceability. In the event the Commission found a violation of 
section 337, the ALJ recommended that the appropriate remedy is a 
limited exclusion order barring entry of LG's infringing products. The 
ALJ also recommended issuance of cease and desist orders against LG 
Electronics USA and LG Display America. The ALJ further recommended 
that LG be required to post a bond of one percent of the entered value 
of each infringing product for the importation of products found to 
infringe during the period of Presidential review.
    On November 5, 2012, ITRI filed a petition for review of certain 
aspects of the final ID. Also on November 5, 2012, participating 
respondents LG Electronics, Inc., LG Electronics U.S.A., Inc., LG 
Display Co., Ltd., and LG Display America, Inc. (collectively ``LG'') 
filed a contingent petition for review of certain aspects of the ID. On 
November 13, 2012, ITRI filed a response to LG's contingent petition 
for review. Also on November 13, 2012, LG filed a response to ITRI's 
petition for review. Further on November 13, 2012, the Commission 
investigative attorney filed a combined response to ITRI's and LG's 
petitions. No post-RD statements on the public interest pursuant to 
Commission Rule 210.50(a)(4) or in response to the post-RD Commission 
Notice issued on October 24, 2012, were filed. See 77 FR 65579 (Oct. 
29, 2012).
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the final ID in its entirety. 
The Commission does not seek further briefing at this time. The 
Commission also remands the investigation to the ALJ to consider 
parties' invalidity and unenforceability arguments and make appropriate 
findings.\1\ In light of the remand, the ALJ shall set a new target 
date consistent with the Remand Order.
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    \1\ The ALJ should have resolved these issues given the 
procedural posture of this investigation (i.e., post-hearing), and 
the absence of an extraordinary fact situation that would weigh 
heavily against resolving these material issues presented in the 
record. See Certain Video Game Systems and Wireless Controllers and 
Components Thereof, Inv. 337-TA-770, Comm'n Op. at n.1 (Nov. 6, 
2012).
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    Briefing, if any, on remanded and reviewed issues will await 
Commission consideration of the remand ID. The current target date for 
this investigation is February 28, 2013.
    The authority for the Commission=s determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.42-46 and 210.50 of the Commission=s Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    By order of the Commission.
     Issued: December 21, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-31330 Filed 12-28-12; 8:45 am]
BILLING CODE 7020-02-P