[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23749-23750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09339]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-939]


Certain Three-Dimensional Cinema Systems and Components Thereof; 
Commission Determination To Extend the Target Date; Schedule for Filing 
Written Submissions on Certain Issues

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 extend the target date for completion of 
the above-captioned investigation until June 1, 2016. The Commission 
also requests briefing from the parties on the issues indicated in this 
notice.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3438. 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 (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 December 12, 2014, based on a complaint filed by RealD, Inc. of 
Beverly Hills, California (``RealD''). 79 FR 73902-03 (Dec. 12, 2014). 
The complaint alleges violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain three-dimensional cinema systems, and 
components thereof, that infringe certain claims of U.S. Patent Nos. 
7,905,602 (``the '602 patent''), 7,857,455 (``the '455 patent''), 
7,959,296 (``the '296 patent''), and 8,220,934 (``the '934 patent''). 
Id. at 73902. The notice of investigation named as respondents 
MasterImage 3D, Inc. of Sherman Oaks, California, and MasterImage 3D 
Asia, LLC of Seoul, Republic of Korea. Id. at 73903. The Office of 
Unfair Import Investigations was not named as a party to the 
investigation. Id.
    On July 23, 2015, the Commission later terminated the investigation 
as to various of the asserted claims and the '602 patent in its 
entirety. Notice (July 23, 2015) (determining not to review Order No. 6 
(July 2, 2015)); Notice (Aug. 20, 2015) (determining not to review 
Order No. 7 (Aug. 3, 2015)).
    On September 25, 2015, the Commission determined on summary 
determination that RealD satisfied the economic prong of the domestic 
industry requirement through its significant investment in plant, 
significant investment in labor, and substantial investment in 
engineering, research, and development. Notice (Sept. 25, 2015) 
(determining to review in part Order No. 9 (Aug. 20, 2015)). The 
Commission, however, reversed the presiding administrative law judge's 
(``ALJ'') summary determination with respect to RealD's investment in 
equipment. Id.
    On December 16, 2015, the ALJ issued a final ID finding a violation 
of section 337 with respect to the remaining asserted patents. The ALJ 
found that the asserted claims of each patent are infringed and not 
invalid or unenforceable. The ALJ found that the technical prong of the 
domestic industry requirement was satisfied for the asserted patents. 
The ALJ also issued a Recommended Determination on Remedy and Bonding 
(``RD''), recommending that a limited exclusion order and cease and 
desist orders should issue and that a bond of 100 percent should be 
imposed during the period of presidential review.
    On December 29, 2015, MasterImage filed a petition for review 
challenging various findings in the final ID. On January 6, 2016, RealD 
filed a response to MasterImage's petition. On January 15, 2016, and 
January 19, 2016, MasterImage and RealD respectively filed post-RD 
statements on the public interest under Commission Rule 210.50(a)(4). 
The Commission did not receive any post-RD public interest comments 
from the public in response to the Commission notice issued on December 
22, 2015. 80 FR 80795 (Dec. 28, 2015).

[[Page 23750]]

    On February 16, 2016, the Commission determined to review the final 
ID in part and requested additional briefing from the parties on 
certain issues. 81 FR at 8744-45. The Commission also solicited 
briefing from the parties and the public on the issues of remedy, the 
public interest, and bonding. Id.
    On March 1, 2016, the parties filed initial written submissions 
addressing the Commission's questions and the issues of remedy, the 
public interest, and bonding. On March 11, 2016, the parties filed 
response briefs. No comments were received from the public.
    On April 14, 2016, MasterImage filed a letter, notifying the 
Commission that, on that same day, the Patent Trial and Appeal Board of 
the U.S. Patent and Trademark Office (``PTAB'') issued a Final Written 
Decision finding claims 1, 6-10, and 18-20 of the '934 patent 
unpatentable. See MasterImage Ltr. (Apr. 14, 2016).
    The Commission has determined to extend the target date for 
completion of the investigation until June 1, 2016.
    The Commission requests a response to the following question only:
    1. What is the effect of the PTAB's Final Written Decision on the 
Commission's final determination, including any underlying findings, in 
this investigation? Please include in your response any effect on the 
issuance of remedial orders with respect to the asserted claims of the 
'455 and '296 patents and claim 11 of the '934 patent.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
Initial written submissions must be filed no later than close of 
business on April 26, 2016. Initial written submissions by the parties 
shall be no more than 20 pages, excluding any attachments or exhibits. 
Reply submissions must be filed no later than the close of business on 
May 3, 2016. Reply submissions by the parties shall be no more than 20 
pages, excluding any attachments or exhibits. No further submissions on 
these issues will be permitted unless otherwise ordered by the 
Commission. Persons filing written submissions must file the original 
document electronically on or before the deadlines stated above and 
submit 8 true paper copies to the Office of the Secretary by noon the 
next day pursuant to section 210.4(f) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to 
the investigation number (``Inv. No. 337-TA-939'') in a prominent place 
on the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. A 
redacted non-confidential version of the document must also be filed 
simultaneously with any confidential filing. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: April 18, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-09339 Filed 4-21-16; 8:45 am]
 BILLING CODE 7020-02-P