[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61629-61630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22102]
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INTERNATIONAL TRADE COMMISSION
Certain Televisions, Remote Controls, and Components Thereof
[Investigation No. 337-TA-1263]
Notice of a Commission Determination To Review in Part a Final
Determination To Review in Part a Final Initial Determination Finding
No Violation of Section 337 and Two Related Orders
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part a final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on June 28, 2022, finding no violation of section 337 in the
above-referenced investigation and two related Orders (Order Nos. 30
and 37).
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission
[[Page 61630]]
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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On May 14, 2021, the Commission instituted
this investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on a complaint filed by Roku, Inc. of
San Jose, California (``Roku''). 86 FR 26542-43 (May 14, 2021). The
complaint alleged a violation 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 televisions, remote
controls, and components thereof by reason of infringement of certain
claims of U.S. Patent Nos. 8,378,875 (``the '875 patent'') and
7,388,511 (``the '511 patent''). The complaint also alleged that a
domestic industry exists or is in the process of being established. The
notice of investigation named as respondents: Universal Electronics,
Inc. of Scottsdale, Arizona; Gemstar Technology (Qinzhou) Co. Ltd. of
Qinzhou, China; Gemstar Technology (Yangzhou) Co. Ltd of Yanzhou,
China.; C.G. Development Ltd. of Kowloon, Hong Kong; Universal
Electronics BV of Enschede, the Netherlands; UEI Brasil Controles
Remotos Ltda. of ManausAmazonas-Brasil, Brazil; CG M[eacute]xico Remote
Controls, S. de R.L. de C.V. of Nuevo Leon, Mexico; LG Electronics Inc.
of Seoul, Republic of Korea; LG Electronics USA, Inc. of Englewood
Cliffs, New Jersey; Samsung Electronics Co., Ltd. of Gyeonggi do,
Republic of Korea; Samsung Electronics America, Inc. of Ridgefield
Park, New Jersey; Charter Communications, Inc. of Stamford,
Connecticut; Charter Communications Operating, LLC of St. Louis,
Missouri; Spectrum Management Holding Company, LLC of Stamford,
Connecticut; Altice USA, Inc. of Long Island City, New York;
Cablevision Systems Corp. of Bethpage, New York; Cequel Communications,
LLC d/b/a Suddenlink Communications of Long Island City, New York; and
WideOpenWest, Inc. of Englewood, Colorado (collectively,
``Respondents''). Id. at 26543. The Commission's Office of Unfair
Import Investigations was not named as a party in this investigation.
Id.
Subsequently, UEI Brasil Controles Remotos Ltda. was terminated
from this investigation. Order No. 20 (Nov. 19, 2021), unreviewed by
Comm'n Notice (Dec. 14, 2021). Also, on November 19, 2021, an initial
determination issued that granted Roku's motion for partial termination
of the investigation based upon withdrawal of claim 11 of the '875
patent. Order No. 19 (Nov. 19, 2021), unreviewed by Comm'n Notice (Dec.
14, 2021).
On June 24, 2022, the presiding ALJ issued an initial determination
(Order No. 37) granting summary determination in part on the invalidity
of the '511 patent and granting a joint motion for the reconsideration
of Motion Docket No. 1263-015. On July 1, 2022, complainant Roku filed
a petition for review of Order No. 37. On July 11, 2022, respondents
Universal Electronics Inc.; Gemstar Technology (Qinzhou) Co. Ltd.;
Gemstar Technology (Yangzhou) Co. Ltd.; C.G. Development Ltd.;
Universal Electronics BV; CG M[eacute]xico Remote Controls, S. de R.L.
de C.V.; Samsung Electronics Co., Ltd.; Samsung Electronics America,
Inc.; LG Electronics, Inc.; and LG Electronics USA, Inc. filed a
response to Roku's petition for review of Order No. 37.
On June 28, 2022, the ALJ issued a final ID on violation of section
337 and a recommended determination (``RD'') on remedy and bond finding
no violation of section 337. The ID held that no violation of section
337 has occurred in the importation into the United States, the sale
for importation, or the sale within the United States after
importation, of certain televisions, remote controls, and components
thereof of claims 1-5, 8-10, and 14 of the '875 patent and claim 5 of
the '511 patent.
The ID found that the Representative Accused Products, UEI OFA
Streamer Remote (URC 7935), Charter Spectrum RF4CE Remote (URC 1160),
Altice/Charter Pulse RF Remote (URC 2068), and WOW Experience Remote
(URC 2135), satisfy claims 1-5, 8, and 10 of the '875 patent. The ID
also found that Representative Accused Products, Altice/Charter Pulse
RF Remote (URC 2068) and WOW Experience Remote (URC 2135), satisfy
claim 9 of the '875 patent. The ID further found that it has been shown
by clear and convincing evidence that the asserted claims of the '875
and '511 patents are invalid. The ID found that Roku's domestic
industry product does not practice any of the claims of the '875
patent. The ID also found that Roku's domestic activities with respect
to its DI product do not satisfy the economic prong of the domestic
industry requirement under 19 U.S.C. 337(a)(3)(B).
On July 11, 2022, complainant Roku filed a petition for review of
various portions of the final ID. Likewise, on July 11, 2022,
respondents Universal Electronics Inc.; Gemstar Technology (Qinzhou)
Co. Ltd.; Gemstar Technology (Yangzhou) Co. Ltd.; C.G. Development
Ltd.; Universal Electronics BV; CG M[eacute]xico Remote Controls, S. de
R.L. de C.V.; Charter Communications, Inc., Charter Communications
Operating, LLC, and Spectrum Management Holding Company, LLC; Altice
USA, Inc., Cablevision Systems Corp., and Cequel Communications, LLC d/
b/a Suddenlink Communications; and WideOpenWest, Inc. filed a
contingent petition for review of the various portions of the final ID.
On July 19, 2022, Respondents filed a response to Roku's petition
for review. On the same day, Roku filed its response to Respondents'
contingent petition for review of the final ID. No other petitions or
responses to petitions were filed.
Having examined the record in this investigation, including the
final ID, the petitions for review, and the responses thereto, the
Commission has determined to review in part the ID and Order Nos. 30
and 37. Specifically, the Commission has determined to review the ID's
infringement, invalidity, technical prong, and economic prong findings
regarding the '875 patent and the invalidity findings regarding the
'511 patent. The Commission has also determined to review Order Nos. 30
and 37 as they relate to the invalidity of the '511 patent.
The Commission has determined not to review the remainder of the ID
and Order Nos. 30 and 37. The Commission does not request additional
briefing.
The Commission vote for this determination took place on October 5,
2022.
The authority for the Commission's determination 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: October 5, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-22102 Filed 10-11-22; 8:45 am]
BILLING CODE 7020-02-P