[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Pages 27626-27627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12655]



[Investigation No. 337-TA-1012 (Enforcement Proceeding)]

Certain Magnetic Data Storage Tapes and Cartridges Containing the 
Same; Notice of Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.


SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
the March 8, 2018 cease and desist orders issued in the above-
referenced investigation.

FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2737. 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 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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 

SUPPLEMENTARY INFORMATION: The Commission instituted the original 
investigation on July 1, 2016, based on a complaint filed by Fujifilm 
Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc. 
of Bedford, Massachusetts (collectively, ``Fujifilm''). 81 FR 43243-44 
(July 1, 2016). Pertinent to this action, the complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the sale for importation, 
importation, and sale within the United States after importation of 
certain magnetic data storage tapes and cartridges containing the same 
by reason of infringement of claims 1, 4-9, 11 and 14 of U.S. Patent 
No. 6,641,891 (``the '891 patent''). The Commission's Notice of 
Investigation named as respondents Sony Corporation of Tokyo, Japan; 
Sony Corporation of America of New York, New York; and Sony Electronics 
Inc. of San Diego, California (collectively, ``Sony''). The Office of 
Unfair Import Investigations (``OUII'') was also named as a party to 
the investigation.
    On March 8, 2018, the Commission found a section 337 violation as 
to the '891 patent and issued a limited exclusion order and cease and 
desist orders (``CDOs'') to each of the Sony respondents. 83 FR 11245-
47 (March 14, 2018). The CDOs prohibit Sony from importing, selling, 
marketing, advertising, distributing, transferring (except for 
exportation), and soliciting

[[Page 27627]]

United States agents or distributors for certain magnetic data storage 
tapes and cartridges containing the same that infringe the '891 patent.
    On May 9, 2018, Fujifilm filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate alleged violation of the CDOs by Sony. On 
May 23, 2018, Sony filed a letter requesting that the Commission 
determine not to institute the enforcement proceeding. On May 30, 2019, 
Fujifilm filed a response.
    Having examined the enforcement complaint, the supporting 
documents, and the pre-institution correspondence, the Commission has 
determined to institute a formal enforcement proceeding, pursuant to 19 
CFR 210.75(a), to determine whether a violation of the March 8, 2018 
CDOs issued in the original investigation has occurred and to determine 
what, if any, enforcement measures are appropriate. The named 
respondents are the three Sony entities from the original investigation 
and Sony Storage Media Solutions Corporation of Tokyo, Japan; Sony 
Storage Media Manufacturing Corporation of Miyagi, Japan; Sony DADC US 
Inc. of Terre Haute, Indiana; and Sony Latin America Inc. of Miami, 
Florida. OUII is also named as a party. The Commission has not ruled on 
the issues raised in the pre-institution correspondence submitted by 
the parties.
    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: June 7, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-12655 Filed 6-12-18; 8:45 am]