[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46793-46794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21901]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-617]


 In the Matter of Certain Digital Televisions and Certain 
Products Containing Same and Methods of Using Same; Enforcement 
Proceeding; Notice of Institution of Formal Enforcement Proceeding

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 instituted a formal enforcement proceeding relating to 
the limited exclusion order and cease and desist orders issued at the 
conclusion of the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. Copies of all 
nonconfidential 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 the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 15, 2007, based on a complaint filed by Funai Electric Co., 
Ltd. of Japan and Funai Corporation of Rutherford, New Jersey 
(collectively ``Funai'') against several respondents including Vizio, 
Inc. of Irvine, California (``Vizio''); AmTran Technology Co., Ltd. of 
Taiwan (``AmTran''); Syntax-Brillian Corporation of Tempe, Arizona 
(``SBC''); Taiwan Kolin Co., Ltd. of Taiwan (``Taiwan Kolin''); Proview 
International Holdings, Ltd. of Hong Kong (``Proview International''); 
Proview Technology (Shenzhen) Co., Ltd. of China (``Proview 
Shenzhen''); Proview Technology, Ltd. of Garden Grove, California 
(``Proview Technology''); TPV Technology, Ltd. of Hong Kong (``TPV 
Technology''); TPV International (USA), Inc. of Austin, Texas (``TPV 
USA''); Top Victory Electronics (Taiwan) Co., Ltd. of Taiwan (``Top 
Victory Electronics''); and Envision Peripherals, Inc. of Fremont, 
California (``Envision''), among others. 72 Fed. Reg. 64240 (2007). The 
complaint 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 digital televisions and certain products 
containing same by reason of infringement of one or more claims of U.S. 
Patent Nos. 6,115,074 (``the `074 patent'') and 5,329,369.
    On April 10, 2009, the Commission terminated this investigation 
with a finding of violation of Section 337 by reason of infringement of 
claim 1, 5, and 23 of the `074 patent. 74 FR 17511 (2009). The 
Commission determined that the appropriate form of relief is (1) a 
limited exclusion order under 19 U.S.C. * 1337(d)(1) prohibiting the 
unlicensed entry of certain digital televisions and certain products 
containing the same that infringe one or more of claims 1, 5, and 23 of 
the `074 patent, and are manufactured abroad by or on behalf of, or 
imported by or on behalf of, Vizio, AmTran, TPV Technology, TPV USA, 
Top Victory Electronics, Envision, Taiwan Kolin, SBC, Proview 
International, Proview Shenzhen, Proview Technology; and (2) cease and 
desist orders directed to Vizio, TPV USA, SBC, Proview Technology, and 
Envision.
    On August 14, 2009, Funai filed a complaint seeking enforcement 
proceedings under Commission Rule 210.75, 19 CFR 210.75. The complaint 
alleges that Vizio, AmTran, TPV Technology, TPV USA, Top Victory 
Electronics, Envision, Proview International, Proview Shenzhen, Proview 
Technology, Suzhou Raken Technology Ltd. of China (``Suzhou''), and Top 
Victory Investments, Ltd. of Hong Kong (``Top Victory Investments'') 
have violated the limited exclusion order and/or the cease and desist 
orders issued at the conclusion of the original investigation.
    Funai's enforcement complaint also requests that the Commission 
seek temporary emergency action under Commission rule 210.77, 19 CFR 
210.77, to modify its remedial orders to make express that all 
respondents' ATSC-compliant digital televisions are presumed to 
infringe the `074 patent. The Commission has denied this request for 
temporary emergency action because the Commission does not have the 
information necessary to determine whether respondents are currently 
violating the Commission's limited exclusion and cease and desist 
orders.
    Having examined the complaint seeking a formal enforcement 
proceeding, and having found that the complaint complies with the 
requirements for institution of a formal enforcement proceeding 
contained in Commission rule 210.75, 19 CFR 210.75 the Commission has 
determined to institute a formal enforcement proceeding to determine 
whether the respondents are in violation of the Commission's limited 
exclusion order and cease and desist orders issued in the 
investigation, and what, if any, enforcement measures are appropriate. 
The following entities are named as parties to the formal enforcement 
proceeding: (1) Complainant Funai, (2) respondents Vizio, AmTran, TPV 
Technology, TPV USA, Top Victory Electronics, Envision, Proview 
International, Proview Shenzhen,

[[Page 46794]]

Proview Technology, Suzhou, and Top Victory Investments; and (3) a 
Commission investigative attorney to be designated by the Director, 
Office of Unfair Import Investigations.
    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 section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    By order of the Commission.
     Issued: September 4, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-21901 Filed 9-10-09; 8:45 am]
BILLING CODE 7020-02-P