[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