[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Notices]
[Pages 36573-36574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14448]



[[Page 36573]]

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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-882]


Certain Digital Media Devices, Including Televisions, Blu-Ray 
Disc Players, Home Theater Systems, Tablets and Mobile Phones, 
Components Thereof and Associated Software

AGENCY: U.S. International Trade Commission.

ACTION: Notice, Institution of investigation pursuant to 19 U.S.C. 
1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 13, 2013, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Black Hills Media, LLC of Wilmington, Delaware. 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 digital media devices, including 
televisions, blu-ray disc players, home theater systems, tablets and 
mobile phones, components thereof and associated software, by reason of 
infringement of U.S. Patent No. 8,028,323 (``the `323 patent''), U.S. 
Patent No. 8,214,873 (``the `873 patent''), U.S. Patent No. 8,230,099 
(``the `099 patent''), U.S. Patent No. 8,045,952 (``the `952 patent''), 
U.S. Patent No. 8,050,652 (``the `652 patent''), and U.S. Patent No. 
6,618,593 (``the `593 patent''). The complaint further alleges that an 
industry exists in the United States as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited 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 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 11, 2013, 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 digital 
media devices, including televisions, blu-ray disc players, home 
theater systems, tablets and mobile phones, components thereof and 
associated software by reason of infringement of one or more of claims 
1-5, 10, 11, 13, 14, and 16-18 of the `323 patent; claims 1, 2, 5-8, 
15-19, 22, 23, 25-27, 30, 31, 34-37, and 44-46 of the 873 patent; 
claims 1 and 10-12 of the `099 patent; claims 1, 2-4, 9-12, and 14 of 
the `952 patent; claims 1, 3, 4, 6, 7, 10, 11, 13, 42-45, 47-50, 52 and 
55 of the `652 patent; and claims 1, 4, 7, 10 and 13-21 of the `593 
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 complainant is: Black Hills Media, LLC, 1000 N. West 
Street, Suite 1200, Wilmington, Delaware 92064.
    (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:
    Samsung Electronics Co. Ltd., 1320-10, Seocho 2-dong Seocho-gu, 
Seoul, Republic of Korea;
    Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield 
Park, New Jersey 02660;
    Samsung Telecommunications America, LLC, 1301 East Lookout Drive, 
Richardson, Texas 75082;
    LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Yeogdeungpo-
gu, Seoul 150-721, Republic of Korea;
    LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, 
New Jersey 07632;
    LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San 
Diego, California 92131;
    Panasonic Corporation, 10006 Oaza Kodoma, Kadoma-shi, Osaka 571-
8501, Japan;
    Panasonic Corporation of North America, One Panasonic Way, 
Secaucus, New Jersey 07904;
    Toshiba Corporation, 1-1, Shibaura 1-Chome, Minato-ku, Tokyo 105-
8001, Japan;
    Toshiba America Information Systems, Inc. 9740 Irvine Boulevard, 
Irvine, California 92618;
    Sharp Corporation, 22-22 Nagaike-cho, Abenko-ku, Osaka 545-8522, 
Japan;
    Sharp Electronics Corporation, 1 Sharp Plaza, Mahwah, New Jersey 
07495.
    (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(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.


[[Page 36574]]


    By order of the Commission.

     Issued: June 13, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14448 Filed 6-17-13; 8:45 am]
BILLING CODE 7020-02-P