[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64009-64010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25114]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-897]


Certain Optical Disc Drives, Components Thereof, and Products 
Containing the Same; Institution of Investigation Pursuant to 19 U.S.C. 
1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 3, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Optical Devices, LLC of Peterborough, New Hampshire. A letter 
supplementing the complaint was filed on September 20, 2013. The 
complaint alleges violations of section 337 based upon the importation 
into the United States, the sale for importation, and/or the sale 
within the United States after importation of certain optical disc 
drives, components thereof, and products containing the same by reason 
of infringement of U.S. Patent No. 6,904,007 (``the `007 patent''); 
U.S. Patent No. 7,196,979 (``the `979 patent''); U.S. Patent No. 
8,416,651 (``the `651 patent''); U.S. Patent No. RE40,927 (``the `927 
patent''); U.S. Patent No. RE42,913 (``the `913 patent''); and U.S. 
Patent No. RE43,681 (``the `681 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 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 no. (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 (2013).

    Scope of investigation: Having considered the complaint, the U.S.

[[Page 64010]]

International Trade Commission, on October 21, 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 optical disc 
drives, components thereof, and products containing the same by reason 
of infringement of one or more of claims 9-11, 13, 15, and 16 of the 
`007 patent; claims 13 and 14 of the `979 patent; claims 1-4, 9-12, 17, 
21, 25, 29-31, 35, and 36 of the `651 patent; claims 37-39 of the `927 
patent; claims 51-53 of the `913 patent; and claims 54-59 and 65-69 of 
the `681 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: Optical Devices, LLC, 20 Depot Street, Suite 
2A, Peterborough, NH 03458.
    (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:

Lenovo Group Ltd., 23rd Floor, Lincoln House, Taikoo Place, 979 King's 
Road, Quarry Bay, Hong Kong.
Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27560.
LG Electronics, Inc., LG Twin Towers 20, Yoido-dong, Youngdungpo-gu, 
Seoul, Republic of Korea 150-721.
LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632.
Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-
8501, Japan.
Nintendo of America, Inc., 4600 150th Avenue NE, Redmond, WA 98052-
5113.
Panasonic Corp., 1006, Oaza Kadoma, Kadoma-shi, Osaka 571-8501, Japan.
Panasonic Corporation of North America, One Panasonic Way, Secaucus, NJ 
07094.
Samsung Electronics Co., Ltd., 1320-10, Seocho 2-Dong, Seocho-Gu, Seoul 
137-857, Republic of Korea.
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, 
NJ 07660.
Toshiba Corporation, 1-1, Shibaura 1-chome, Minato-ku, Tokyo 105-8001, 
Japan.
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, 
Irvine, CA 92618.
MediaTek, Inc., No. 1, Dusing Road 1, Hsinchu Science Park, Hsinchu 
City 30078, Taiwan.
MediaTek USA Inc., 2860 Junction Avenue, San Jose, CA 95134.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge. The Office of Unfair Import 
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(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: October 21, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-25114 Filed 10-24-13; 8:45 am]
BILLING CODE 7020-02-P