[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Notices]
[Page 29204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11742]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-915]


Certain Set-Top Boxes, Gateways, Bridges, and Adapters and 
Components Thereof; 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 April 17, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ViXS Systems, Inc., of Toronto, Ontario, Canada and ViXS USA, Inc. of 
Austin, Texas. A supplement to the complaint was filed on April 25, 
2014, and an amended complaint was filed on May 6, 2014. 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 set-top boxes, gateways, 
bridges, and adapters and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 7,301,900 (``the '900 patent''); 
U.S. Patent No. 7,099,951 (``the '951 patent''); U.S. Patent No. 
7,200,855 (``the '855 patent''); and U.S. Patent No. 7,406,598 (``the 
'598 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 a limited 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 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 (2014).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on May 15, 2014, 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 set-top 
boxes, gateways, bridges, and adapters and components thereof by reason 
of infringement of one or more of claims 8, 10-11, 13, 23-24, and 26 of 
the '900 patent; claims 16 and 21 of the '951 patent; claims 1-12, 14-
25, 27-29, 31-33, 35-49, 51-61, and 63 of the '855 patent; and claims 
1-2, 4-5, 7-8, and 24 of the '598 patent; and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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:

ViXS Systems, Inc., 1210 Sheppard Avenue E., Suite 800, Toronto, 
Ontario, M2K 1E3, Canada.
ViXS USA, Inc., 115 Wild Basin Road, Suite 115, Austin, TX 78746.

    (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:

Entropic Communications, Inc., 6290 Sequence Drive, San Diego, CA 
92121.
DirecTV, LLC, 2230 East Imperial Highway, El Segundo, CA 90245.
Wistron NeWeb Corporation, 20 Park Avenue II, Hsinchu Science Park, 
Hsinchu 308, Taiwan.
CyberTAN Technology, Inc., 99 Park Avenue III, Hsinchu Science Park, 
Hsinchu 308, Taiwan.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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 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(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 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.

    Issued: May 16, 2014.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-11742 Filed 5-20-14; 8:45 am]
BILLING CODE 7020-02-P