[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Page 35236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09362]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1341]


Certain Video Processing Devices and Products Containing the 
Same; Notice of a Commission Determination To Review in Part a Final 
Initial Determination, and on Review, To Find No Violation of Section 
337; Termination of the 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 (``Commission'') has determined to review the Administrative 
Law Judge's (``ALJ'') final initial determination (``ID''), issued on 
February 5, 2024, and on review, to find no violation of section 337 in 
the above-referenced investigation. This investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Benjamin S. Richards, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-5453. 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 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 29, 2022, based on a complaint filed on behalf of 
VideoLabs, Inc. of Palo Alto, California (``VideoLabs''). 87 FR 73329 
(Nov. 29, 2022). The complaint, as supplemented, alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 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 claims of U.S. Patent Nos. 7,769,238 (``the '238 
patent''), 8,139,878 (``the '878 patent''), and 8,208,542 (``the '542 
patent''). Id. The complaint further alleges that a domestic industry 
exists. Id. The Commission's notice of investigation named as the sole 
respondent HP Inc. of Palo Alto, California (``HP''). Id. The Office of 
Unfair Import Investigations is not participating in the investigation. 
Id.
    On July 27, 2023, and August 25, 2023, the ALJ issued Order No. 20 
and Order No. 23, respectively, granting VideoLabs' motions to 
terminate the investigation with regards to the '238 patent and the 
'878 patent. Order No. 20 (July 11, 2023), unreviewed by Comm'n Notice 
(July 27, 2023); Order No. 23 (Aug. 7, 2023), unreviewed by Comm'n 
Notice (Aug. 25, 2023). Accordingly, the '542 patent is the sole 
remaining patent at issue.
    The ALJ held a Markman hearing on June 7, 2023. On September 22, 
2023, the ALJ issued Order No. 27, in which the ALJ construed certain 
claim terms while reserving construction of other terms until after the 
evidentiary hearing due to underlying fact issues. See Order No. 27 
(Sept. 22, 2023).
    The ALJ held an evidentiary hearing from October 23-26, 2023. The 
parties filed their post-hearing opening briefs and replies on November 
13, 2023, and November 29, 2023, respectively.
    On February 5, 2024, the ALJ issued the final ID in this 
investigation, which found no violation of section 337 as to any of the 
asserted claims of the '542 patent.
    On February 20, 2024, VideoLabs petitioned for review of the final 
ID. On February 28, 2024, HP filed a response opposing VideoLabs' 
petition.
    On March 25, 2024, the Commission determined to extend the date by 
which it must determine whether to review the final ID to April 25, 
2024.
    Having examined the record of this investigation, including the ID, 
the petition for review, and the response thereto, the Commission has 
determined not to review and thus adopts, the ID's claim construction 
findings and the ID's finding that the asserted claims are invalid as 
indefinite. Those findings are sufficient to support the ID's ultimate 
finding of no violation of section 337, which the Commission also 
adopts. Given the finding that the asserted claims are indefinite, the 
Commission cannot conduct a complete analysis of the other issues 
raised in this investigation, e.g., infringement, obviousness, and 
domestic industry. Accordingly, the Commission has determined to review 
the remaining findings in the ID and on review take no position on 
those findings. This investigation is terminated.
    The Commission vote for this determination took place on April 25, 
2024.
    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: April 25, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-09362 Filed 4-30-24; 8:45 am]
BILLING CODE 7020-02-P