[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24814-24815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11095]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1158]
Certain Digital Video Receivers, Broadband Gateways, and Related
Hardware and Software Components; 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 April 26, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Rovi
Corporation of San Jose, California and Rovi Guides, Inc. of San Jose,
California. The complaint was amended on May 16, 2019. The complaint,
as amended, 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
video receivers, broadband gateways, and related hardware and software
components by reason of infringement of certain claims of U.S. Patent
No. 8,001,564 (``the '564 patent''); U.S. Patent No. 7,779,445 (``the
'445 patent''); U.S. Patent No. 7,386,871 (``the '871 patent''); U.S.
Patent No. 8,156,528 (``the '528 patent''); U.S. Patent No. 7,301,900
(``the '900 patent''); and U.S. Patent No. 7,200,855 (``the '855
patent''). The amended 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 complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order, and cease and
desist orders.
ADDRESSES: The amended 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, 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 amended complaint,
the U.S. International Trade Commission, on May 22, 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
[[Page 24815]]
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 1-4 and 12-15 of
the '564 patent; claims 1-11 and 15-24 of the '445 patent; claims 1-19,
21-29, 31-36, 38-43, 45-53, 55, and 56 of the '871 patent; claims 1-3,
6, 11-18, 20, 23, 24, 26, 27, 29-32, and 34-36 of the '528 patent;
claims 1, 3, 4, 8, 10, 11, 17, 19, 23, 25, and 26 of the '900 patent;
and claims 1-63 of the '855 patent, and whether an industry in the
United States exists or is in the process of being established as
required by subsection (a)(2) of section 337;
(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 ``set-top boxes and
broadband gateways, and their related hardware and software, such as
remote controls and interactive program guides'';
(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:
Rovi Corporation, 2160 Gold Street, San Jose, CA 95002
Rovi Guides, Inc., 2160 Gold Street, San Jose, CA 95002
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Comcast Corporation, One Comcast Center, 1701 John F. Kennedy
Boulevard, Philadelphia, PA 19103
Comcast Cable Communications, LLC, One Comcast Center, 1701 John F.
Kennedy Boulevard, Philadelphia, PA 19103
Comcast Cable Communications Management, LLC, One Comcast Center, 1701
John F. Kennedy Boulevard, Philadelphia, PA 19103
Comcast Holdings Corporation, One Comcast Center, 1701 John F. Kennedy
Boulevard, Philadelphia, PA 19103
(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 amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended 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 amended
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: May 22, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-11095 Filed 5-28-19; 8:45 am]
BILLING CODE 7020-02-P