[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68368-68369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23786]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1225]


Certain Active Matrix OLED Display Devices and Components 
Thereof; Notice of Institution

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 September 14, 2020, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Solas 
OLED Ltd. of Ireland. A supplement was filed on September 30, 2020. The 
complaint 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 active matrix OLED 
display devices and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 8,139,007 (``the '007 patent''), U.S. 
Patent No. 7,573,068 (``the '068 patent''); and 7,868,880 (``the '880 
patent''). The complaint further alleges that an industry in the United 
States exists 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, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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.

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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 21, 2020, 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 1-15 of the '007 patent; claims 13-17 of the '068 patent; and 
claims 2-40 of the '880 patent, and whether an industry in the United 
States exists 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 ``smartwatches with 
active matrix OLED displays, laptops with active matrix OLED displays, 
televisions and monitors with active matrix OLED displays, and mobile 
phones and tablets with active matrix OLED displays'';

[[Page 68369]]

    (3) Pursuant to section 210.10(b)(3) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(3), the presiding 
Administrative Law Judge shall hold an early evidentiary hearing, find 
facts, and issue an early decision, within 100 days of institution 
except for good cause shown, as to whether the complainant has 
satisfied the economic prong of the domestic industry requirement. 
Notwithstanding any Commission Rules to the contrary, which are hereby 
waived, any such decision should be issued in the form of an initial 
determination (ID) under Commission Rule 210.42(a)(3), 19 CFR 
210.42(a)(3). The ID will become the Commission's final determination 
30 days after the date of service of the ID unless the Commission 
determines to review the ID. Any such review will be conducted in 
accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR 
210.43, 210.44, and 210.45. The issuance of an early ID finding that 
the complainant does not satisfy the economic prong of the domestic 
industry requirement shall stay the investigation unless the Commission 
orders otherwise; any other decision shall not stay the investigation 
or delay the issuance of a final ID covering the other issues of the 
investigation;
    (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:

Solas OLED Ltd., Suite 23, The Hyde Building, Carrickmines, Dublin 18, 
Ireland
    (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:

Apple Inc., One Apple Park Way, Cupertino, CA 95014
Dell Technologies Inc., One Dell Way, Round Rock, TX 78682
LG Electronics Inc., LG Twin Tower 128 Yeoui-daero, Yeongdeungpo-gu, 
Seoul, 07336, South Korea
LG Electronics USA, Inc., 1000 Sylvan Ave., Englewood Cliffs, NJ 07632
LG Display America, Inc., 2540 North First St, Suite 400, San Jose, CA 
95131
LG Display Co., Ltd., LG Twin Tower 128 Yeoui-daero, Yeongdeungpo-gu, 
Seoul, 07336, South Korea
Motorola Mobility LLC, 222 W Merchandise Mart Plaza, Suite 1800, 
Chicago, IL 60654
Samsung Electronics Co., Ltd., 129 Samsung-Ro, Yeongtong-gu, Suwon-si, 
Gyeonggi-do, 443-742, South Korea
Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, 
NJ 07660
Samsung Display Co., Ltd., 1 Samsung-Ro, Giheung-gu, Yongin-si, 
Gyeonggi-Do, 17113, South Korea
Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127

    (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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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: October 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-23786 Filed 10-27-20; 8:45 am]
BILLING CODE 7020-02-P