[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13065-13066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06413]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1149]
Certain Semiconductor Devices, Integrated Circuits, and Consumer
Products Containing the Same; 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 February 15, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Innovative
Foundry Technologies LLC of Portsmouth, New Hampshire. Letters
supplementing the complaint were filed on March 1, 2019; March 8, 2019;
and March 13, 2019. The complaint, as supplemented, 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 semiconductor devices, integrated circuits, and
consumer products containing the same by reason of infringement of
certain claims of U.S. Patent No. 6,583,012 (``the '012 patent''); U.S.
Patent No. 6,797,572 (``the '572 patent''); U.S. Patent No. 7,009,226
(``the '226 patent''); U.S. Patent No. 7,880,236 (``the '236 patent'');
and U.S. Patent No. 9,373,548 (``the '548 patent''). The complaint
further alleges that an industry in the United States exists or is in
the process of being established as required by the applicable Federal
Statute. The complainant requests 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: Pathenia M. Proctor, The Office of
Unfair Import Investigations or, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
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 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 20, 2019, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-11 of the '012 patent; claims 1-7 of the '572 patent; claims
1-9 of the '226 patent; claims 1-18 of the '236 patent; and claims 1-3
of the '548 patent; and whether an industry in the United States exists
or in the process of being established as required by subsection (a)(2)
of section 337;
[[Page 13066]]
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``(a) semiconductor
devices made by TSMC at the 65 nanometer (nm) and smaller technology
nodes (e.g., 5-65 nm); (b) integrated circuits incorporating such
semiconductor devices; and (c) consumer products containing the same,
consisting of smartphones, and televisions'';
(3) 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);
(4) 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 complainant is: Innovative Foundry Technologies LLC, 40
Pleasant Street, Suite 208, Portsmouth, NH 03801.
(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:
BBK Communication Technology Co., Ltd., No. 255, Bubugao Avenue,
Wusha, Chang'an Town, Dongguan, Guangdong 523850, China.
Vivo Mobile Communication Co., Ltd., No. 283, Bubu High Avenue,
Wusha, Chang'an Town, Dongguan, Guangdong 523850, China.
OnePlus Technology (Shenzhen) Co., Ltd., 18F Tairan Building, Block
C, Tairan 8th Road, Chegongmiao, Futian District, Shenzhen, Guangdong
518040, China.
Guangdong OPPO Mobile Telecommunications Co., Ltd., No. 18, Wusha
Haibin Road, Wusha, Chang'an Town, Dongguan, Guangdong 523850, China.
Hisense Electric Co., Ltd., Hisense Tower, 17 Donghaixi Road,
Quingdao 266071, China.
Hisense USA Corporation, 7310 McGinnis Ferry Road, Suwanee, GA
30024.
Hisense USA Multimedia R & D Center Inc., 7310 McGinnis Ferry Road,
Suwanee, GA 30024.
TCL Corporation, No. 26, The Third Road, Zhongkai Avenue, Huizhou
City, Guandong 516006, China.
TCL Communication, Inc., 25 Edelman, Suite 200, Irvine, CA 92618.
TTE Technology, Inc. (d/b/a TCL America), 108 West 13th Street
Wilmington, DE 19801.
TCT Mobile (US) Inc., 25 Edelman, Suite 200, Irvine, CA 92618.
VIZIO, Inc., 39 Tesla, Irvine, CA 92618.
MediaTek Inc., No. 1, Dusing Road 1, Hsinchu Science Park, Hsinchu
City 30078, Taiwan.
MediaTek USA Inc., 2840 Junction Avenue, San Jose, CA 95134.
Mstar Semiconductor, Inc., 4F-1, No. 26, Tai-Yuan St., ChuPei City,
Hsinchu Hsien 30288, Taiwan.
Qualcomm Incorporated, 5775 Morehouse Drive, San Diego, CA 92121.
Qualcomm Technologies, Inc., 5775 Morehouse Drive, San Diego, CA
92121.
Taiwan Semiconductor Manufacturing Company Limited, 8, Li Hsin Road
6, Hsinchu Science Park, Hsinchu City 30078 Taiwan.
TSMC North America, 2851 Junction Avenue, San Jose, CA 95134.
TSMC Technology, Inc., 2851 Junction Avenue, San Jose, CA 95134.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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: March 21, 2019.
Katherine M. Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06413 Filed 4-2-19; 8:45 am]
BILLING CODE 7020-02-P