[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77238-77239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26467]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1231]


Certain Digital Imaging Devices and Products Containing the Same 
and Components Thereof 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 September 25, 2020, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Pictos 
Technologies, Inc. of San Jose, California. An amended complaint was 
filed on October 23, 2020, and supplemented on November 13, 2020 and 
November 16, 2020. 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

[[Page 77239]]

the United States after importation of certain digital imaging devices 
and products containing the same and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 6,838,651 (``the '651 
patent''); U.S. Patent No. 7,800,145 (``the '145 patent''); U.S. Patent 
No. 7,064,768 (``the '768 patent''); and U.S. Patent No. 7,323,671 
(``the '671 patent''); and that an industry in the United States exists 
as required by the applicable Federal Statute. The amended complaint 
further alleges violations of section 337 based upon the importation 
into the United States, or in the sale of certain digital imaging 
devices and products containing the same and components thereof by 
reason of misappropriation of trade secrets, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States. 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 amended 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 amended complaint, 
the U.S. International Trade Commission, on November 24, 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:
    (a) 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 claim 1-12 and 18 of the '651 patent; claims 1 and 12 
of the '145 patent; claims 1, 2, 8, and 13 of the '768 patent; and 
claims 1-26 of the '671 patent, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation, or in the sale of certain products identified 
in paragraph (2) by reason of misappropriation of trade secrets, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States;
    (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 ``digital imaging 
sensors and mobile phone handsets, tablet computers, laptop computers, 
web cameras, home monitoring cameras, and digital cameras that contain 
those sensors'';
    (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 complainant is: Pictos Technologies, Inc, 109 Bonaventura 
Drive, San Jose CA 95134.
    (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:

Samsung Electronics Co., Ltd., 129 Samseong-Ro, Yeongtong-Gu, Suwon, 
Gyeonggi 16677, Republic of Korea
Samsung Electronics America, Inc., 85 Challenger Rd., Ridgefield Park, 
NJ 07660-2118
Samsung Semiconductor, Inc., 3655 North First Street, San Jose, CA 
95134-1713

    (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), 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 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 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020-26467 Filed 11-30-20; 8:45 am]
BILLING CODE 7020-02-P