[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