[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Pages 66895-66896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21260]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1338]


Certain Smart Televisions; Notice of a Commission Determination 
Not To Review an Initial Determination Granting a Joint Motion To 
Terminate the Investigation in its Entirety; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 22) 
granting a joint motion to terminate the investigation in its entirety 
based upon settlement.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. 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

[[Page 66896]]

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: On October 21, 2022, the Commission 
instituted this investigation based on a complaint filed by Maxell, 
Ltd. (``Maxell'') of Kyoto, Japan. 87 FR 64110 (Oct. 21, 2022). The 
complaint alleged violations of section 337 based on the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain smart televisions by 
reason of infringement of one or more of claim 4 of U.S. Patent No. 
8,549,109; claims 2, 4, 5, 7, and 8 of U.S. Patent No. 8,170,394; claim 
1 of U.S. Patent No. 10,958,971; and claims 1 and 21 of U.S. Patent No. 
11,017,815. Id. The Commission's notice of investigation named VIZIO, 
Inc. (``VIZIO'') of Irvine, California as the sole respondent. The 
Office of Unfair Import Investigations was not named as a party in this 
investigation. Id.
    On August 25, 2023, Maxell and VIZIO jointly moved to terminate the 
investigation in its entirety based upon reaching a settlement 
agreement.
    On August 30, 2023, the ALJ issued the subject ID granting the 
motion. The ID observed that Commission Rule 210.21(a)(2) provides that 
``[a]ny party may move at any time to terminate an investigation in 
whole or in part as to any or all respondents on the basis of 
settlement, a licensing or other agreement . . . .'' ID at 1 (citing 19 
CFR 210.21(a)(2)). The ID found that in compliance with 19 CFR 
210.21(b)(1), the parties certify that ``there are no other agreements, 
written or oral, express or implied, between the parties concerning the 
subject matter of the investigation.'' Id. The parties also submitted 
confidential and public versions of the settlement agreement. Id. The 
ID further found that ``termination of this investigation by settlement 
will not adversely affect the public interest.'' Id. (citing 19 CFR 
210.50(b)(2)). No one petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. The 
investigation is hereby terminated in its entirety.
    The Commission vote for this determination took place on September 
22, 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: September 25, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-21260 Filed 9-27-23; 8:45 am]
BILLING CODE 7020-02-P