[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72537-72539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23150]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1318]
Certain Graphics Systems, Components Thereof, and Digital
Televisions Containing the Same; Notice of Commission Determination To
Review in Part a Final Initial Determination Finding a Violation of
Section 337; Request for Written Submissions on the Issues Under Review
and on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that on July 7, 2023, the presiding
administrative law judge (``ALJ'') issued a combined final initial
determination (``ID'') finding a violation of section 337 and
recommended determination (``RD'') on remedy and bonding in the above-
captioned investigation. The Commission has determined to review the
final ID in part. The Commission requests written submissions from the
parties on the issues under review and submissions from the parties,
interested government agencies, and interested persons on the issues of
remedy, the public interest, and bonding, under the schedule set forth
below.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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 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 this investigation
on June 7, 2022, based on a complaint filed by Advanced Micro Devices,
Inc. of Santa Clara, California and ATI Technologies ULC of Ontario,
Canada (together, ``AMD''). 87 FR 34718-19 (June 7, 2022). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based
on certain graphics systems, components thereof, and digital
televisions containing the same by reason of infringement of certain
claims of U.S. Patent Nos. 7,742,053 (``the '053 patent''); 8,760,454
(``the '454 patent''); 11,184,628 (``the 628 patent''); 8,468,547
(``the '547 patent''); and 8,854,381 (``the '381 patent''). Id. at
34718. The complaint further alleges that a domestic industry (``DI'')
exists. Id. The notice of investigation (``NOI'') named 14 respondents:
(1) TCL Industries Holdings Co., Ltd. of Guangdong, China; (2) TCL
Industries Holdings (H.K.) Co. Limited of Hong Kong, China; (3) TCL
Electronics Holdings Ltd. f/k/a TCL Multimedia Technology Holdings,
Ltd. of Hong Kong, China; (4) TCL Technology Group Corporation of
Guangdong, China; (5) TTE Corporation of Hong Kong, China; (6) TCL
Holdings (BVI) Ltd. of Hong Kong, China; (7) TCL King Electrical
Appliances (Huizhou) Co. Ltd. of Guangdong, China; (8) Shenzhen TCL New
Technology Co., Ltd. of Guangdong, China; (9) TCL MOKA International
Ltd. of Hong Kong, China; (10) TCL Smart Device (Vietnam) Co., Ltd. of
Binh Duong Province, Vietnam; (11) Manufacturas Avanzadas SA de CV of
Chihuahua, Mexico; (12) TCL Electronics Mexico, S de RL de CV of Benito
Juarez, Mexico; (13) TCL Overseas Marketing Ltd. of Hong Kong, China
(collectively, ``TCL''); and (14) RealTek Semiconductor Corporation of
Hsinchu, Taiwan (``Realtek''). Id. at 34719, as amended, 87 FR 62452-53
(Oct. 14, 2022). The Office of Unfair Import Investigations is not
named as a party to this investigation. 87 FR at 34719.
On August 4, 2022, the Commission terminated the investigation as
to the '454 patent. See Order No. 10 (July 14, 2022), unreviewed by
Comm'n Notice (Aug. 4, 2022).
On September 26, 2022, the Commission allowed non-party TTE
Technology, Inc. of Corona, California to intervene in this
investigation as an additional respondent (collectively, with all
others, ``Respondents''). See Order No. 17 (Aug. 30, 2022), unreviewed
by Comm'n Notice (Sept. 26, 2022).
On October 7, 2022, the Commission terminated the investigation as
to claims 17-21 of the '547 patent and amended the complaint and NOI to
correct the names of two respondents by changing ``TCL Industries
Holdings (H.K.) Limited'' to ``TCL Industries Holdings (H.K.) Co.
Limited,'' and ``Shenzhen TCL New Technologies Co., Ltd.'' to
``Shenzhen TCL New Technology Co., Ltd.''. See Order Nos. 23 (Sept. 20,
2022) and 24 (Sept. 20, 2022), unreviewed by 87 FR 62452-53 (Oct. 14,
2022).
On February 22, 2023, the Commission terminated the investigation
as to the '547 patent. See Order No. 56 (Jan. 24, 2023), unreviewed by
Comm'n Notice (Feb. 22, 2023). On March 7, 2023, the Commission
terminated the investigation as to claims 1-4 and 7 of the '053 patent
and claims 8, 11, and 12 of the '628 patent. See Order No. 64 (Feb. 7,
2023), unreviewed by Comm'n Notice (Mar. 7, 2023).
On March 15, 2023, the Commission granted summary determination
that the economic prong of the DI requirement has been satisfied in
this investigation as to the remaining asserted patents--i.e., the
'053, '628, and '381 patents. See Order No. 62 (Feb. 6, 2023), aff'd by
Comm'n Notice (Mar. 15, 2023).
On March 30, 2023, the Commission terminated the investigation as
to claim 8 of the '053 patent and claim 18 of the '381 patent. See
Order No. 70 (Mar. 14, 2023), unreviewed by Comm'n Notice (Mar. 30,
2023). On April 19, 2023, the Commission terminated the investigation
as to the '628 patent. See Order No. 72 (Apr. 3, 2023), unreviewed by
Comm'n Notice (Apr. 19, 2023).
On July 7, 2023, the ALJ issued the subject final ID on violation
and RD on remedy and bonding. The ID finds no violation of section 337
as to the '053 patent, but does find a violation as to claims 19 and 20
of the '381 patent. The RD recommends that, should the Commission
determine that a violation of section 337 has occurred, the Commission
should: (i) issue a limited exclusion order against the Respondents'
infringing products; (ii) issue a cease and desist order against all
the Respondents, except for Realtek and TTE; and (iii) issue no bond
for importations of infringing products during the period of
Presidential review.
On July 21, 2023, AMD filed a contingent petition seeking review of
certain findings in the ID, including non-infringement of the asserted
claims of the '053 patent and claim construction and invalidity as to
claims 15-17 of the '381 patent. That same day, Respondents filed a
petition seeking review of certain of the ID's findings concerning
claim construction, infringement, validity, and the technical prong of
the DI requirement as to claims 19 and 20 of the '381 patent.
Respondents also contingently petition for review of certain findings
on claim construction, infringement, validity, and the technical prong
of the DI requirement as to the asserted claims of the '053 patent and
claims 15-17 of the '381 patent. On July 31, 2023, AMD and
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Respondents each filed a response opposing the other's petition.
The Commission did not receive submissions on the public interest
from the parties pursuant to Commission Rule 210.50(a)(4), 19 CFR
210.50(a)(4). The Commission also did not receive any submissions on
the public interest from members of the public in response to the
Commission's Federal Register notice. See 88 FR 48262-63 (July 26,
2023).
Having reviewed the record of the investigation, including the
final ID, the parties' submissions to the ALJ, the petitions, and the
responses thereto, the Commission has determined to review the ID in
part. Specifically, the Commission has determined to review the ID's
findings regarding the construction of limitation 5[c] (``a plurality
of command processing engines, coupled to the arbiter, each operable to
receive and process the command thread''), as well as infringement and
satisfaction of the technical prong of the DI requirement with respect
to limitation 5[c] of claim 5 of the '053 patent. On review, the
Commission has determined to take no position on those issues. The
Commission has also determined to review the ID's finding regarding
infringement of claim 19 of the '381 patent. The Commission has
determined not to review the remaining findings in the ID.
In connection with its review, the Commission requests responses to
the following question. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
(1) Whether the accused products practice the limitation ``based
on respective state data associated with each of the first
[graphics-processing task] and second [general-compute] tasks'' as
required by claim 19 of the '381 patent under the ID's construction
of ``based on respective state data.'' Provide citations to record
evidence in support of your position.
The parties are invited to brief only the discrete issue requested
above. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op.
at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issue identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding.
In its initial written submission, AMD is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. AMD is further requested to state the
dates that the asserted patents expire, to provide the HTSUS
subheadings under which the accused products are imported, and to
supply the identification information for all known importers of the
products at issue in this investigation.
The initial written submissions and proposed remedial orders must
be filed no later than close of business on October 30, 2023. Reply
submissions must be filed no later than the close of business on
November 6, 2023. No further submissions on these issues will be
permitted unless otherwise ordered by the Commission. Opening
submissions are limited to 40 pages. Reply submissions are limited to
25 pages. No further submissions on any of these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1318) in a prominent place on the
cover page and/or the first page. (See Handbook for Electronic Filing
Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in
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internal investigations, audits, reviews, and evaluations relating to
the programs, personnel, and operations of the Commission including
under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and
contract personnel, solely for cybersecurity purposes. All contract
personnel will sign appropriate nondisclosure agreements. All
nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on October
16, 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: October 16, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-23150 Filed 10-19-23; 8:45 am]
BILLING CODE 7020-02-P