[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Pages 52209-52210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16773]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1323]


Certain Video Processing Devices and Products Containing the 
Same; Notice of Commission Decision To Review and, on Review, To Affirm 
With Modifications an Initial Determination Granting Summary 
Determination of Invalidity as to U.S. Patent 8,139,878 and to Take No 
Position as to U.S. Patent 7,769,238; Termination of Investigation

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 an initial determination (``ID'') 
(Order No. 47) of the presiding Administrative Law Judge (``ALJ'') 
granting summary determination of invalidity based on obviousness-type 
double patenting. On review, the Commission affirms with modifications 
the ID's finding that the asserted claims of U.S. Patent No. 8,139,878 
(``the '878 patent'') are invalid. The Commission takes no position as 
to the ID's findings with respect to the '238 patent, except to the 
extent those findings also support the ID's invalidity findings with 
respect to the '878 patent. Accordingly, the Commission terminates the 
investigation with a finding of no violation of section 337 of the 
Tariff Act of 1930, as amended (``section 337''). The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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 52210]]

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 August 8, 2022, the Commission instituted 
this investigation under section 337 based on a complaint filed by 
VideoLabs, Inc. of Palo Alto, California (``Complainant'' or 
``VideoLabs''). See 87 FR 48198-99 (Aug. 8, 2022). The complaint, as 
supplemented, 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 video processing devices 
and products containing the same by reason of infringement of certain 
claims of U.S. Patents Nos. 7,769,238 (``the '238 patent''); 8,139,878 
(``the '878 patent''); 7,372,452 (``the '452 patent''); and 8,208,542 
(``the '542 patent''). See id. The complaint also alleged the existence 
of a domestic industry. See id. The notice of investigation named as 
respondents: (1) Acer Inc. of New Taipei City, Taiwan, and Acer America 
Corporation of San Jose, California (collectively, ``Acer''); (2) 
ASUSTeK Computer Inc. of Taipei, Taiwan, and ASUS Computer 
International of Fremont, California (collectively, ``ASUS''); (3) 
Motorola Mobility LLC of Chicago, Illinois, Lenovo Group Limited of 
Quarry Bay, Hong Kong S.A.R. of China, and Lenovo (United States) Inc. 
of Morrisville, North Carolina (collectively, ``Lenovo''); and (4) 
Micro-Star International Co., Ltd. of New Taipei City, Taiwan, and MSI 
Computer Corp. of City of Industry, California (collectively, ``MSI''). 
See id. The Office of Unfair Import Investigations (``OUII'') is also 
named as a party in this investigation. See id.
    Subsequently, the investigation was terminated in part as to the 
Acer respondents based on settlement. See Order No. 18 (Oct. 24, 2022), 
unreviewed by Comm'n Notice (Nov. 10, 2023). Likewise, the 
investigation was terminated in part as to the Lenovo respondents based 
on settlement. See Order No. 37 (Jan. 27, 2023), unreviewed by Comm'n 
Notice (Feb. 28, 2023). Furthermore, the investigation was terminated 
in part as to the MSI respondents based on settlement. See Order No. 38 
(Feb. 7, 2023), unreviewed by Comm'n Notice (Mar. 7, 2023). The ASUS 
respondents remain in the investigation.
    The Commission terminated the '452 and '542 patents based on the 
withdrawal of the complaint as to those patents. See Order No. 13 
(Sept. 7, 2022), unreviewed by Comm'n Notice (Sept. 26, 2022); Order 
No. 40 (Feb. 15, 2023), unreviewed by Comm'n Notice (Mar. 22, 2023). 
Claim 1 of the '238 patent and claims 1-4 of the '878 patent remain 
asserted in this investigation.
    On March 22, 2023, the ASUS respondents filed a corrected motion 
for summary determination of invalidity based on obviousness-type 
double patenting. On April 3, 2023, Complainant and OUII filed 
responses in opposition to the motion.
    On May 1, 2023, the ALJ issued the subject ID (Order No. 47) 
granting the motion for summary determination that the asserted claims 
are invalid based on obviousness-type double patenting, thereby 
terminating the investigation in its entirety.
    On May 11, 2023, Complainant filed a petition for Commission review 
of the subject ID. On May 18, 2023, the ASUS respondents and OUII filed 
responses to the petition. On May 23, 2023, Complainant filed a motion 
for leave to file a reply in support of its petition. On May 26 and 31, 
respectively, the ASUS respondents and OUII filed responses in 
opposition to Complainant's motion for leave to file a reply.
    On July 10, 2023, Complainant filed a motion to terminate the 
investigation as to the '238 patent and a motion to supplement the 
record. On July 13, 2023, the ASUS respondents filed a response to 
Complainant's motion to supplement the record. No other responses were 
filed.
    Having examined the record of this investigation, including the ID 
and the parties' submissions, the Commission has determined to review, 
and on review, to affirm the subject ID with modifications with respect 
to the '878 patent and to take no position with respect to the '238 
patent. More specifically, as explained in the Commission Opinion 
issued concurrently herewith, the Commission has determined to affirm 
with modifications the ID's finding that the asserted claims of the 
'878 patent are invalid based on obviousness-type double patenting. The 
Commission takes no position as to the ID's findings with respect to 
the '238 patent, except to the extent those findings also support the 
ID's invalidity findings with respect to the '878 patent. The 
Commission adopts all findings in the ID that are not inconsistent with 
the Commission's determination. The Commission has also determined to 
grant Complainant's motion for leave to file a reply solely to the 
extent that the reply addresses the ASUS respondents' and OUII's 
positions that Complainant has waived certain arguments made in its 
petition for review. The Commission has further determined to grant 
Complainant's motion to terminate the investigation as to the '238 
patent and Complainant's motion to supplement the record.
    Accordingly, the Commission terminates the investigation with a 
finding of no violation of section 337. The investigation is 
terminated.
    The Commission's vote for this determination took place on August 
1, 2023.
    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: August 1, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-16773 Filed 8-4-23; 8:45 am]
BILLING CODE 7020-02-P