[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27358-27359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12350]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1076]
Certain Magnetic Data Storage Tapes and Cartridges Containing
Same (II); Commission's Final Determination Finding a Violation of
Section 337; Issuance of a Limited Exclusion Order and Cease and Desist
Orders; 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 (``Commission'') has determined that there is a violation of
19 U.S.C. 1337, as amended (``Section 337''), in the above-captioned
investigation. The Commission has further determined to issue a limited
exclusion order and cease and desist orders and to set bond rates on
the entered value of covered products imported during the period of
Presidential review.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on October 25, 2017, on a complaint filed by FUJIFILM Corporation of
Tokyo, Japan and FUJIFILM Recording Media U.S.A., Inc. of Bedford,
Massachusetts (collectively, ``Fujifilm''). 82 FR 49421-22 (Oct. 25,
2017). The complaint alleged violations of 19 U.S.C. 1337 (``Section
337''), in the importation, sale for importation, or sale in the United
States after importation of certain magnetic data storage tapes and
cartridges by reason of infringement of one or more asserted claims of
U.S. Patent Nos. 6,630,256 (``the '256 patent''); 6,835,451 (``the '451
patent''); 7,011,899 (``the '899 patent''); 6,462,905 (``the '905
patent''); and 6,783,094 (``the '094 patent''). Id. The notice of
investigation named Sony Corporation of Tokyo, Japan; Sony Storage
Media Solutions Corporation of Tokyo, Japan; Sony Storage Media
Manufacturing Corporation of Miyagi, Japan; Sony DADC US Inc. (``Sony
DADC'') of Terre Haute, Indiana; and Sony Latin America Inc. (``Sony
Latin America'') of Miami, Florida (collectively, ``Sony'') as
respondents. Id. The Office of Unfair Import Investigations (``OUII'')
was also named a party to the investigation. Id.
The Commission previously terminated the investigation as to the
'094 patent and certain claims of the '905, '256, '451, and '899
patents. See Comm'n Notice (Apr. 17, 2018) (aff'g Order No. 11); Comm'n
Notice (July 9, 2018) (aff'g Order No. 17); Comm'n Notice (July 27,
2018) (aff'g Order No. 22).
On October 25, 2018, the presiding administrative law judge issued
a combined final initial determination (``ID'') and recommended
determination (``RD''). The ID found Sony violated Section 337 by
reason of infringement of the '256 and '899 patents. The ID found no
violation with respect to the '905 or '451 patents. The RD recommended
issuance of a limited exclusion order and cease and desist orders and
set bond rates on the entered value of certain covered products. The
ALJ also issued an RD on the public interest pursuant to the
Commission's delegation of those issues in the notice of investigation
under Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1). See 82 FR at
49421.
The parties filed their petitions for review on November 9, 2018,
and responses on November 20, 2018. On March 15, 2019, the Commission
issued a notice of its determination to review the ID in part with
respect to certain findings relating to the '256, '899, and '905
patents. The parties filed their initial responses to the Commission's
questions on March 29, 2019, and their replies on April 5, 2019.
Upon review of the parties' submissions, the ID, RD, and evidence
of record, the Commission has determined that Sony violated Section 337
by reason of infringement of asserted claims 1-5 of the '256 patent and
asserted claims 1, 7, 11, and 12 of the '899 patent. The Commission
found no violation with respect to the '905 patent or '451 patent. The
Commission has further determined to issue a
[[Page 27359]]
limited exclusion order prohibiting further importation of Sony's
accused LTO-4, LTO-5, and LTO-6 tape products and cease and desist
orders against Sony's U.S. subsidiaries, Sony DADC and Sony Latin
America. The Commission has set a bond of 10.4 percent of entered value
on Sony's branded LTO-4 tapes, 7.9 percent of entered value on Sony's
branded LTO-6 tapes, and 16.8 percent of entered value on Sony's OEM
LTO-6 tapes imported during the period of Presidential review. The
Commission has not set a bond on Sony's LTO-5 tapes (branded and OEM)
or Sony's OEM LTO-4 tapes.
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 6, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-12350 Filed 6-11-19; 8:45 am]
BILLING CODE 7020-02-P