[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32184-32185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11460]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1222]


Certain Video Processing Devices, Components Thereof, and Digital 
Smart Televisions Containing the Same; Commission Determination Not To 
Review an Initial Determination Terminating the Investigation Due to 
Settlement and Setting a Schedule for Briefing an Order Concerning 
Sanctions; Termination of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 76) issued by the presiding 
administrative law judge (``ALJ'') terminating the investigation due to 
a settlement agreement. The Commission has also set a briefing schedule 
in connection with Order No. 75 denying a motion for sanctions. This 
investigation is hereby terminated.

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 may 
be viewed on the Commission's electronic docket system (``EDIS'') at 
https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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 19, 2020, based on a complaint, as supplemented, filed by 
DivX, LLC (``DivX'') of San Diego, California. 85 FR 66355 (Oct. 19, 
2020). The complaint alleges a violation of section 337 of the Tariff 
Act, as amended, 19 U.S.C. 1337, from the importation, sale for 
importation, or sale in the United States after importation of certain 
video processing devices, components thereof, and digital smart 
televisions containing the same by reason of infringement of one or 
more asserted claims of U.S. Patent Nos. 8,832,297; 10,212,486; 
10,412,141; and 10,484,749. Id. The complaint further alleges the 
existence of a domestic industry. Id.
    The Commission's notice of investigation names the following 
respondents: Samsung Electronics Co., Ltd. of Gyeonggi-do, Korea; 
Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; 
Samsung Electronics HCMC CE Complex Co., Ltd. of Ho Chi Minh City, 
Vietnam (collectively, ``Samsung''); LG Electronics Inc. of Seoul, 
Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey 
(collectively ``LG''); MediaTek, Inc. of Hsinchu City, Taiwan; MediaTek 
USA Inc. of San Jose, California; MStar Semiconductor, Inc. of Hsinchu 
Hsien, Taiwan (collectively, ``MediaTek''); Realtek Semiconductor Corp. 
of Hsinchu, Taiwan (``Realtek''); TCL Corporation of Huizhou, 
Guangdong, China; TCL Technology Corporation of Huizhoug, Guangdong, 
China; TCL Electronics Holdings Ltd. of Shenzhen, Guangdong, China; TTE 
Technology, Inc. of Corona, California; Shenzhen TCL New Technologies 
Co. of Shenzhen, Guangdong, China; TCL King Electrical Appliances 
(Huizhou) Co. Ltd. of Huizhou, Guangdong, China; TCL

[[Page 32185]]

MOKA International Ltd. of Sha Tin, New Territories, Hong Kong; and TCL 
Smart Device (Vietnam) Co., Ltd. of Bac Tan Uyen District, Binh Duong 
Province, Vietnam (collectively, ``TCL''). Id. at 66356. The Office of 
Unfair Import Investigations was not named as a party to this 
investigation. Id.
    The Commission has partially terminated the investigation with 
respect to certain patents and patent claims. Order No. 25 (Jan. 15, 
2021), unreviewed by Comm'n Notice (Feb. 1, 2021); Order No. 34 (Feb. 
19, 2021), unreviewed by Comm'n Notice (March 15, 2021); Order No. 49 
(April 21, 2021), unreviewed by Comm'n Notice (May 10, 2021); Order No. 
65 (June 28, 2021), unreviewed by Comm'n Notice (July 28, 2021).
    The Commission has also partially terminated the investigation with 
respect to certain respondents due to settlement agreements. See Order 
No. 37 (terminating MediaTek), unreviewed by Comm'n Notice (March 12, 
2021); Order No. 67 (July 16, 2021) (terminating RealTek), unreviewed 
by Comm'n Notice (Aug. 4, 2021); Order No. 69 (Aug. 12, 2021) 
(terminating LG, Samsung), unreviewed by Comm'n Notice (Sept. 15, 
2021).
    On April 19, 2022, DivX and TCL jointly moved to terminate the 
investigation based on a settlement agreement that resolves the dispute 
between the parties.
    On April 22, 2022, the presiding ALJ issued the subject ID (Order 
No. 76) granting the joint motion to terminate the investigation based 
on the settlement agreement. The ID finds that, pursuant to Commission 
Rules 210.21(a)(1), (b)(1) (19 CFR 210.21(a)(1), (b)(1)), DivX and TCL 
have represented that there are no other agreements, express or 
implied, oral or written, between them regarding the subject matter of 
this investigation. The ID further finds that termination is proper 
because it would not be contrary to the public health and welfare, 
competitive conditions in the U.S. economy, the production of like or 
directly competitive conditions in the United States, or U.S. 
consumers. The ID further finds that termination is in the public 
interest, and it will conserve public and private resources.
    No party filed a petition for review of the subject ID.
    On October 4, 2021, former respondent RealTek filed a motion for 
sanctions against DivX, pursuant to Commission Rules 210.4 and 210.25 
(19 CFR 210.4, 210.25), for alleged misrepresentations and misconduct 
during the investigation. DivX filed its opposition to RealTek's motion 
on October 14, 2021.
    On April 22, 2022, the presiding ALJ issued Order No. 75, denying 
RealTek's motion for sanctions. Order No. 75 (April 22, 2022).
    The Commission has determined not to review Order No. 76. This 
investigation is hereby terminated.
    The Commission has set the following schedule in connection with 
Order No. 75. Any petition for review of Order No. 75 must be filed by 
June 1, 2022. Responses to a petition for review, if any, must be filed 
by June 8, 2022.
    The Commission voted to approve this determination on May 24, 2022.
    The authority for the Commission's determinations 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: May 24, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11460 Filed 5-26-22; 8:45 am]
BILLING CODE 7020-02-P