[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Page 42690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18155]



[[Page 42690]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1012 (Consolidated Modification and 
Enforcement Proceeding)]


Certain Magnetic Data Storage Tapes and Cartridges Containing the 
Same Notice of Institution of Modification 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 determined to institute a modification proceeding 
relating to the March 8, 2018 limited exclusion order and cease and 
desist orders issued in the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2301. 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 at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 the original 
investigation on July 1, 2016, based on a complaint filed by Fujifilm 
Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc. 
of Bedford, Massachusetts (collectively, ``Fujifilm''). 81 FR 43243-44 
(July 1, 2016). Pertinent to this action, the complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the sale for importation, 
importation, and sale within the United States after importation of 
certain magnetic data storage tapes and cartridges containing the same 
by reason of infringement of, inter alia, claims 1, 4-9, 11 and 14 of 
U.S. Patent No. 6,641,891 (``the '891 patent''). The Commission's 
Notice of Investigation named as respondents Sony Corporation of Tokyo, 
Japan, Sony Corporation of America of New York, New York, and Sony 
Electronics Inc. of San Diego, California (collectively, ``the Sony 
respondents''). The Office of Unfair Import Investigations (``OUII'') 
was also named as a party to the investigation.
    On March 8, 2018, the Commission found a section 337 violation as 
to the '891 patent and issued a limited exclusion order (``LEO'') and 
cease and desist orders (``CDOs'') to each of the Sony respondents. 83 
FR 11245-47 (March 14, 2018). The LEO generally prohibits the Sony 
respondents from importing certain magnetic data storage tapes and 
cartridges containing the same that infringe the '891 patent, with 
certain exceptions related to service and repair and verification 
testing. The CDOs prohibit the Sony respondents from importing, 
selling, marketing, advertising, distributing, transferring (except for 
exportation) certain magnetic data storage tapes and cartridges 
containing the same that infringe the '891 patent, and soliciting 
United States agents or distributors for these activities.
    On May 9, 2018, Fujifilm filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate alleged violation of the CDOs by the Sony 
Respondents, as well as Sony Storage Media Solutions Corporation, Sony 
Storage Media Manufacturing Corporation, Sony DADC US Inc., and Sony 
Latin America Inc. (collectively, ``Sony''). On June 13, 2018, the 
Commission instituted the enforcement proceeding. 83 FR 27626-27 (June 
13, 2018). OUII was also named as a party in the enforcement 
proceeding.
    On July 23, 2018, Sony filed a request for an advisory opinion and 
a petition for modification of the remedial orders to clarify that 
certain of its redesigned tape products are outside the scope of the 
remedial orders. On August 2, 2018, Fujifilm filed a response, opposing 
both Sony's request and petition.
    Having examined the request and petition, as well as the supporting 
documents, the Commission has determined to institute a modification 
proceeding, pursuant to Commission Rule 210.76(b) (19 CFR. 210.76(b)), 
to determine whether the LEO and CDOs issued in the underlying 
investigation should be modified to exclude certain of Sony's 
redesigned tape products. The Commission has further determined to 
delegate the modification proceeding to the presiding administrative 
law judge and to consolidate that proceeding with the ongoing 
enforcement proceeding.
    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: August 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-18155 Filed 8-22-18; 8:45 am]
 BILLING CODE 7020-02-P