[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79096-79097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31816]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-932]


Certain Consumer Electronics and Display Devices With Graphics 
Processing and Graphics Processing Units Therein Commission Decision 
Not To Review the ALJ's Final Initial Determination Finding No 
Violation of Section 337; Termination of Investigation

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 not to review the final initial determination 
(ID) issued on October 9, 2015, which found no violation of section 337 
of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3427. 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 
based on a complaint filed by NVIDIA Corporation of Santa Clara, 
California (NVIDIA). The investigation was 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 consumer 
electronics and display devices with graphics processing and graphics 
processing units therein by reason of infringement of one or more of 
claims 1, 19, and 20 of U.S. Patent No. 6,198,488 (the '488 patent); 
claims 1 29 of U.S. Patent No. 6,992,667 (the '667 patent); claims 1 5, 
7 19, 21 23, 25 30, 34 36, 38, and 41 43 of U.S. Patent No. 7,038,685 
(the '685 patent); claims 5 8, 10, 12 20, and 24 27 of U.S. Patent No. 
7,015,913 (the '913 patent); claims 7, 8, 11 13, 16 21, 23, 24, 28, and 
29 of U.S. Patent No. 6,697,063 (the '063 patent); claims 1 10, 12, and 
14 of U.S. Patent No. 7,209,140 (the '140 patent); and claims 1 6, 9 
16, and 19 25 of U.S. Patent No. 6,690,372 (the '372 patent), and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337. 79 FR 61338 (Oct. 10, 2014). 
Respondents include Samsung Electronics Co., Ltd. (Republic of Korea); 
Samsung Electronics America, Inc. (Ridgefield Park, NJ); Samsung 
Telecommunications America, LLC (Richardson, TX); Samsung 
Semiconductor, Inc. (San Jose, CA); and Qualcomm, Inc. (San Diego, CA) 
(collectively, Respondents). NVIDIA later withdrew all allegations 
regarding the '488, '667, '913, and '063 patents and some allegations 
regarding the '140, '372, and '685 patents.
    On October 9, 2015, the presiding administrative law judge (ALJ) 
issued his ID finding no violation by Respondents of section 337 with 
respect to the remaining allegations. Specifically, regarding the `140 
patent, the ID concluded: (1) Claim 14 is invalid for obviousness; (2) 
the accused products do not infringe; and (3) there is no domestic 
industry. Regarding the `372 patent, the ID concluded: (1) Claim 23 and 
claim 24 are invalid for anticipation; (2) some of the accused products 
infringe claim 23, but none of the accused products infringe claim 24; 
and (3) there is no domestic industry. Regarding the `685 patent, the 
ID concluded: (1) Neither claim 1 nor claim 15 are invalid for 
anticipation; (2) the accused products do not infringe claim 1 or claim 
15; and (3) there is a domestic industry. The ID additionally found 
that the scope of this investigation is limited to consumer electronics 
and display devices that include graphics processing capabilities and 
that have graphics processing units therein, rejecting NVIDIA's 
argument to include Qualcomm graphics processing units separate and 
apart from the consumer electronic and display devices.
    On October 26, 2015, NVIDIA filed a petition for review of the 
ALJ's findings related to the '372 and '685 patents, and Respondents 
filed a contingent petition for review of the ALJ's findings related to 
the '140 and '685 patents. NVIDIA did not seek review of the ALJ's 
findings related to the '140 patent. On October 30, 2015, the ALJ 
issued his recommended determination on remedy

[[Page 79097]]

and bond. On November 3, 2015, NVIDIA, Respondents, and the Office of 
Unfair Import Investigations filed responses to the petitions and 
contingent petitions. Having examined the record of this investigation, 
including the ID, the petition for review, the contingent petition 
thereto, and the respective responses, the Commission has determined 
not to review the ID.
    On September 24, 2015, NVIDIA filed an Unopposed Motion to 
Terminate the Investigation as to Respondent Samsung Telecommunications 
America, LLC. We have reviewed the motion, and it is granted.
    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 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42 46).

    By order of the Commission.

    Issued: December 14, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-31816 Filed 12-17-15; 8:45 am]
 BILLING CODE 7020-02-P