[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Notices]
[Pages 18310-18311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07733]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1049]


Certain Digital Cable and Satellite Products, Set-Top Boxes, 
Gateways and Components Thereof; Institution of Investigation

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 March 10, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Sony 
Corporation of Japan and Sony Electronics Inc. of San Diego, 
California. A letter supplementing the complaint was filed on March 28, 
2017. 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 
cable and satellite products, set-top boxes, gateways, and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
RE45,126 (``the '126 patent''); U.S. Patent No. 6,467,093 (``the '093 
patent''); U.S. Patent No. 8,032,919 (``the '919 patent''); U.S. Patent 
No. 6,556,221 (``the '221 patent''); and U.S. Patent No. 6,915,525 
(``the '525 patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute.
    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 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://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, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 11, 2017, 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 
cable and satellite products, set-top boxes, gateways, and components 
thereof by reason of infringement of one or more of claim 26 of the 
'126 patent; claims 1, 3, and 8 of the '093 patent; claims 1-16 of the 
'919 patent; claims 1-6 and 12-16 of the '221 patent; and claims 1, 3-
5, 7, 8, 34, 36, and 37 of the '525 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 or 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:

Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo, 108-0075, Japan
Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127

    (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:

ARRIS International plc, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Group, Inc., 3871 Lakefield Drive, Suwanee, GA 30024

[[Page 18311]]

ARRIS Technology, Inc., 101 Tournament Drive, Horsham, PA 19044
ARRIS Enterprises LLC, 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Solutions, Inc., 3871 Lakefield Drive, Suwanee, GA 30024
ARRIS Global Ltd. (formerly Pace Ltd.), Victoria Road, Saltaire, West 
Yorkshire BD18 3LF, England
Pace Americas, LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Pace Americas Holdings, Inc., 3701 FAU Boulevard, Suite 200, Boca 
Raton, FL 33431
Pace USA LLC, 3701 FAU Boulevard, Suite 200, Boca Raton, FL 33431
Pace Americas Investments LLC, 3701 FAU Boulevard, Suite 200, Boca 
Raton, FL 33431

    (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 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: April 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07733 Filed 4-17-17; 8:45 am]
 BILLING CODE 7020-02-P