[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10311-10312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4692]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-631]


In the Matter of Certain Liquid Crystal Display Devices and 
Products Containing the Same; Notice of Commission Determination To 
Rescind a Limited Exclusion Order and Cease and Desist Orders

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 rescind the limited exclusion order and 
cease and desist orders issued in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.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 January 25, 2008, based on a complaint filed by Samsung Electronics 
Co., Ltd. (``Samsung'') of Korea. 73 FR 4626-27. The complaint, as 
supplemented, alleged 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, and the sale within the United States 
after importation of certain liquid crystal display (``LCD'') devices 
and products containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 7,193,666; 6,771,344 (``the `344 patent''); 
7,295,196; and 6,937,311 (``the `311 patent''). The complaint further 
alleged the existence of a domestic industry as to each asserted 
patent. The Commission's notice of investigation named the following 
respondents: Sharp Corporation of Japan; Sharp Electronics Corporation 
of Mahwah, New Jersey; and Sharp Electronics Manufacturing Company of 
America, Inc. of San Diego, California (collectively, ``Sharp'').
    On January 26, 2009, the presiding administrative law judge 
(``ALJ'') issued his final initial determination (``ID'') finding a 
violation of section 337 by respondents as to the `311 and `344 patents 
only, and issued his recommended determinations on remedy and bonding. 
On February 9, 2009, Sharp and the Commission investigative attorney 
(``IA'') filed petitions for review of the final ID. The IA and Samsung 
filed responses to the petitions on February 17, 2009.
    On March 30, 2009, the Commission determined to review several of 
the ID's findings, and requested the parties to respond to certain 
questions concerning those findings. The Commission also requested 
written submissions on the issues of remedy, the public interest, and 
bonding from the parties and interested non-parties. 74 FR 15301-02 
(April 3, 2009).
    On April 10 and April 17, 2009, respectively, complainant Samsung, 
the Sharp respondents, and the IA filed briefs and reply briefs on the 
issues for which the Commission requested written submissions. Also, 
the Commission received four submissions from interested non-parties on 
the issues of remedy, the public interest, and bonding.
    On June 24, 2009, the Commission issued notice of its determination 
to affirm-in-part and reverse-in-part the ID. The Commission affirmed 
the ALJ's finding of a violation of section 337 with respect to claims 
7 and 8 of the `344 patent, but reversed the ALJ's finding of a 
violation with respect to the `311 patent. 74 FR 31311-12 (June 30, 
2009)
    Further, the Commission issued (as modified on December 14, 2009): 
(1) A limited exclusion order prohibiting the unlicensed entry of LCD 
devices, including display panels and modules, and LCD televisions or 
professional displays containing the same that infringe claims 7 or 8 
of the `344 patent, that are manufactured abroad by or on behalf of, or 
are imported by or on

[[Page 10312]]

behalf of, Sharp, or any of its affiliated companies, parents, 
subsidiaries, licensees, contractors, or other related business 
entities, or successors or assigns; and (2) cease and desist orders 
prohibiting Sharp Electronics Corp. and Sharp Electronics Manufacturing 
Co. from conducting any of the following activities in the United 
States: Importing, selling, marketing, advertising, distributing, 
offering for sale, transferring (except for exportation), and 
soliciting U.S. agents or distributors for, LCD devices, including 
display panels and modules, and LCD televisions or professional 
displays containing the same that are covered by claims 7 or 8 of the 
`344 patent.
    On February 12, 2010, complainant Samsung and respondent Sharp 
filed a joint petition to rescind the remedial orders under Commission 
Rule 210.76(a)(1) on the basis of a settlement agreement between the 
parties. The parties asserted that their settlement agreement 
constitutes ``changed conditions of fact or law'' sufficient to justify 
rescission of the order under Commission Rule 210.76(a)(1), 19 CFR 
210.76(a)(1). The IA did not oppose the joint petition.
    Having reviewed the parties' submissions, the Commission has 
determined that the settlement agreement satisfies the requirement of 
Commission Rule 210.76(a)(1), 19 CFR 210.76(a)(1), that there be 
changed conditions of fact or law. The Commission therefore has issued 
an order rescinding the limited exclusion order and cease and desist 
orders previously issued in this investigation.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.76(a)(1) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.76(a)(1)).

    Issued: March 1, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-4692 Filed 3-4-10; 8:45 am]
BILLING CODE 7020-02-P