[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53002-53003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18606]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1222 (Sanctions Proceedings I and II)]


Certain Video Processing Devices, Components Thereof, and Digital 
Smart Televisions Containing the Same; Notice of a Commission 
Determination Not To Review an Order Denying Respondents' Motion for 
Sanctions and To Deny Complainant's Motion for Sanctions; Termination 
of Sanctions Proceedings

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 order 
(Order No. 75) issued by the presiding administrative law judge 
(``ALJ'') denying the respondents' motion for sanctions and to deny a 
motion for sanctions filed by complainant DivX, LLC. Both sanctions 
proceedings are hereby terminated.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General

[[Page 53003]]

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 the underlying 
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 (``Section 
337''), 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. 10,212,486 (``the '486 patent''); 8,832,297; 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 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 partially terminated the investigation with respect 
to certain patents and patent claims withdrawn by DivX. 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 also partially terminated the investigation with 
respect to certain respondents due to settlement. Order No. 37 
(terminating MediaTek), unreviewed by Comm'n Notice (March 12, 2021); 
Order No. 69 (Aug. 12, 2021) (terminating LG, Samsung), unreviewed by 
Comm'n Notice (Sept. 15, 2021).
    On February 8, 2021, DivX served its initial infringement 
contentions, which included allegations that RealTek infringed the 
asserted '486 patent.
    On March 12, 2021, the presiding administrative law judge (``ALJ'') 
issued a Markman order construing the disputed claim terms of the 
asserted patents. Order No. 40 (March 12, 2021).
    On July 6, 2021, DivX filed an unopposed motion to terminate the 
investigation with respect to RealTek due to withdrawal of the 
complaint. The presiding ALJ orally granted DivX's motion and 
instructed RealTek not to participate in the evidentiary hearing. The 
evidentiary hearing was held from July 8-15, 2021.
    On August 4, 2022, the Commission determined not to review an 
initial determination (Order No. 67) terminating RealTek from the 
investigation due to withdrawal of the complaint. Order No. 67 (July 
16, 2021), unreviewed by Comm'n Notice (Aug. 4, 2021).
    On October 4, 2021, former respondent RealTek filed a motion for 
sanctions against DivX, pursuant to Commission Rules 210.4 and 
210.25(b) (19 CFR 210.4, 210.25(b)), for alleging misleading the ALJ 
and making misrepresentations regarding its infringement contentions. 
On October 14, 2021, DivX filed its opposition to RealTek's motion.
    On April 19, 2022, DivX and TCL, the last remaining respondent, 
jointly moved to terminate the investigation based on a settlement 
agreement. On May 24, 2022, the Commission determined not to review an 
initial determination (Order No. 76) granting the joint termination 
motion. Order No. 76 (April 22, 2022), unreviewed by 87 FR 32184-85 
(May 27, 2022).
    On April 22, 2022, the ALJ issued an order denying RealTek's 
sanctions motion. Order No. 75 (April 22, 2022). In its May 24, 2022, 
notice terminating the investigation, the Commission set a briefing 
schedule for petitions for review of Order No. 75, pursuant to 
Commission Rule 210.25(d) (19 CFR 210.25(d)). 87 FR at 32185.
    On June 1, 2022, RealTek filed a petition for review of Order No. 
75, pursuant to the Commission's schedule. On June 8, 2022, DivX filed 
its opposition to RealTek's petition.
    On June 16, 2022, DivX filed a motion for sanctions against RealTek 
stemming for its filing of its petition for review of Order No. 75. On 
June 27, 2022, RealTek filed its opposition to DivX's motion for 
sanctions.
    Upon consideration of Order No. 75, the parties' submissions, and 
the evidence of record, the Commission has determined not to review 
Order No. 75. The sanctions proceeding (Sanctions Proceeding I) is 
hereby terminated.
    Upon consideration of DivX's motion for sanctions, RealTek's 
opposition thereto, and the evidence of record, the Commission has also 
determined to deny DivX's motion for sanctions. The sanctions 
proceeding (Sanctions Proceeding II) is hereby terminated.
    The Commission voted to approve this determination on August 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).

    Issued: August 24, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-18606 Filed 8-29-22; 8:45 am]
BILLING CODE 7020-02-P