[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43899-43900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18569]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1044]
Certain Graphics Systems, Components Thereof, and Consumer
Products Containing the Same; Commission Final Determination Finding a
Section 337 Violation; Issuance of a Limited Exclusion Order and Cease
and Desist Orders; Denial of Motion To Amend; and Termination of the
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 found a violation of section 337 of the Tariff Act of
1930 (``section 337''), as amended, in this investigation. The
Commission has issued a limited exclusion order prohibiting the
importation of certain graphics systems and televisions containing the
same that infringe claim 1-5 and 8 of U.S. Patent No. 7,633,506 (``the
'506 patent''). The Commission has also issued cease and desist orders
directed to Respondents VIZIO, Inc. (``VIZIO'') and Sigma Designs, Inc.
(``SDI''). The Commission has further determined to deny Complainants'
motion for leave to amend the complaint and the notice of
investigation. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted Investigation No.
337-TA-1044 on March 22, 2017, based on a complaint filed by
Complainants
[[Page 43900]]
Advanced Micro Devices, Inc. of Sunnyvale, California and ATI
Technologies ULC of Canada (collectively, ``AMD'' or ``Complainants'').
See 82 FR 14748 (Mar. 22, 2017). The complaint, as amended, alleges
violations of section 337 of the Tariff Act of 1930, as amended (19
U.S.C. 1337), based upon the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain graphics systems, components thereof, and
consumer products containing the same, by reason of infringement of
certain claims of the '506 patent; U.S. Patent No. 7,796,133 (``the
'133 patent''); U.S. Patent No. 8,760,454 (``the '454 patent''); and
U.S. Patent No. 9,582,846 (``the '846 patent''). Id. The notice of
investigation identified LG Electronics, Inc. of Seoul, Republic of
Korea, LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey, and
LG Electronics MobileComm U.S.A. Inc. of San Diego, California
(collectively, ``LG''), VIZIO of Irvine, California, MediaTek Inc. of
Hsinchu City, Taiwan and Media Tek USA Inc. of San Jose, California
(collectively, ``MediaTek''), and SDI of Fremont, California, as
respondents in this investigation. See id. The Office of Unfair Import
Investigations (``OUII'') is also a party to the investigation.
On October 20, 2017, the ALJ issued an initial determination
terminating the investigation as to LG based on settlement. See Order
No. 48 (Oct. 20, 2017), unreviewed, Comm'n Notice (Nov. 13, 2017). The
remaining respondents in this investigation are VIZIO, MediaTek, and
SDI (hereinafter, ``the Remaining Respondents''). The ALJ also
terminated the investigation with respect to all asserted claims of the
'454 and '846 patents; claims 6, 7, and 9 of the '506 patent; and
claims 2, 4-13, and 40 of the '133 patent. See Order No. 33 (Aug. 15,
2017), unreviewed, Comm'n Notice (Sept. 5, 2017); Order No. 43 (Oct. 5,
2017), unreviewed, Comm'n Notice (Oct. 31, 2017); Order No. 49 (Oct.
20, 2017), unreviewed, Comm'n Notice (Nov. 13, 2017); Order No. 53
(Oct. 31, 2017), unreviewed, Comm'n Notice (Nov. 28, 2017). Claims 1-5
and 8 of the '506 patent and claims 1 and 3 of the '133 patent
(hereinafter, ``the asserted claims'') remain pending in this
investigation.
On April 13, 2018, the ALJ issued her final Initial Determination
(``FID'') and Recommended Determination on Remedy and Bond (``RD'')
finding a violation of section 337 with respect to the '506 patent but
not the '133 patent. Specifically, the FID finds that: (1) Certain
accused products infringe the asserted claims of the '506 patent but
not the '133 patent; (2) the asserted claims are not invalid; and (3)
Complainants satisfy the economic and technical prongs of the domestic
industry requirement with respect to both asserted patents. In
addition, the ALJ recommended that the Commission issue: (1) A Limited
Exclusion Order against the infringing accused products; and (2) Cease
and Desist Orders against Respondents VIZIO and SDI. The ALJ further
recommended against setting a bond during Presidential review.
On June 14, 2018, the Commission issued a Notice determining to
review the FID in part. See 83 FR 28660-62 (June 20, 2018). The
Commission sought written submissions in response to certain questions
relating to the claim construction of the terms ``unified shader''
(recited in the '506 and '133 patent claims), ``packet'' (recited in
the '133 patent claims), and ``ALU/memory pair'' (recited in the '133
patent claims). See id. The Commission also solicited written
submissions on the issues of remedy, the public interest, and bonding.
See id. On June 28, 2018, the parties filed written submissions in
response to the June 14, 2018 Notice, and on July 6, 2018, the parties
filed responses to each other's submissions.
On June 26, 2018, Complainants filed a motion for leave to amend
the complaint and notice of investigation to add V-Silicon Inc. and V-
Silicon International, Inc. as respondents in this investigation
(Motion). On July 5 and 6, 2018, OUII and Respondents, respectively,
filed responses to Complainants' motion to amend. As explained in the
Commission's Opinion issued concurrently herewith, the Commission has
determined to deny Complainants' Motion.
In addition, having examined the record of this investigation,
including the FID, the RD, and the parties' submissions, the Commission
has determined to affirm the FID's ultimate conclusions of a section
337 violation with respect to the '506 patent and no section 337
violation with respect to the '133 patent. In addition, the Commission
has determined to modify the FID in part with respect to: (1) The
importation requirement as to Respondents MediaTek and SDI; and (2) the
claim construction of the terms ``unified shader,'' ``packet,'' and
``ALU/memory pair'' as well as certain related FID findings on
infringement, validity, and the technical prong of the domestic
industry requirement. All findings in the FID that are not inconsistent
with the Commission's determination are affirmed.
Accordingly, the Commission finds that there is a violation of
section 337 with respect to the '506 patent. The Commission has
determined that the appropriate remedy is a limited exclusion order
against Respondents' infringing products, and cease and desist orders
against Respondents VIZIO and SDI. The Commission has also determined
that the public interest factors enumerated in subsections 337(d)(l)
and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude the issuance
of the limited exclusion order and cease and desist orders. The
Commission has further determined to set a bond at zero (0) percent of
entered value during the Presidential review period (19 U.S.C.
1337(j)).
The Commission's orders and opinion were delivered to the President
and to the United States Trade Representative on the day of their
issuance.
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: August 22, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-18569 Filed 8-27-18; 8:45 am]
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