[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22803-22804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9174]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-837]


Certain Audiovisual Components and Products Containing the Same; 
Institution of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 12, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
LSI Corporation of Milpitas, California and Agere Systems Inc. of 
Allentown, Pennsylvania. Supplements to the Complaint were received on 
March 21, 26, and 28, 2012. An amended complaint was filed on March 28, 
2012. The amended complaint alleges violations of section 337 based 
upon the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
audiovisual components and products containing the same by reason of 
infringement of certain claims of U.S. Patent No. 5,870,087 (``the `087 
patent''); U.S. Patent No. 6,452,958 (``the `958 patent''); U.S. Patent 
No. 6,707,867 (``the `867 patent''); and U.S. Patent No. 6,982,663 
(``the `663 patent''). The amended complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, is 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., Room 
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on (202) 205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
(202) 205-2000. General information concerning the Commission may also 
be obtained by accessing its internet server at 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.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2012).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 11, 2012, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain audiovisual 
components and products containing the same that infringe one or more 
of claims 1, 5, 7-11, and 16 of the `087 patent; claims 1-7, 10, 11, 
22-26, 29, 30, 32, 35, and 36 of the `958 patent; claims 1, 4-7, 9-21, 
23, 24, 26-40, 44, 45, 47, and 49-74 of the `867 patent; and claims 1-
11 of the `663 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:
LSI Corporation, 1621 Barber Lane, Milpitas, CA 95305.
Agere Systems Inc., 1110 American Parkway NE., Allentown, PA 18109.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:
Funai Electric Company, Ltd., 7-7-1 Nakagaito, Daito City, Osaka 574-
0013, Japan.
Funai Corporation, Inc., 201 Route 17 North, Rutherford, NJ 07070.
P&F USA, Inc., 3015 Windward Plaza, Windward Fairways II--Suite 100, 
Alpharetta, GA 30005.

[[Page 22804]]

Funai Service Corporation, 2200 Spiegel Drive, Groveport, OH 43125.
MediaTek Inc., No. 1 Dusing Road 1, Hsinchu Science Park, Hsinchu City, 
Taiwan 30078.
MediaTek USA Inc., 2860 Junction Avenue, San Jose, CA 95134.
MediaTek Wireless, Inc. (USA), 120 Presidential Way, Woburn, MA 01801.
Ralink Technology Corporation, 5 Tai-Yuen 1st Street, 5F, Jhubei City, 
Hsinchu County, Taiwan 30265.
Ralink Technology Corporation (USA), 20833 Stevens Creek Boulevard, 
Suite 200, Cupertino, CA 95014.
Realtek Semiconductor Corporation, 2 Innovation Road II, Hsinchu 
Science Park, Hsinchu 300, Taiwan.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    (4) The Office of Unfair Import Investigation will not participate 
as a party in this investigation.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with section 
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.13. Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses 
will be considered by the Commission if received not later than 20 days 
after the date of service by the Commission of the amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    By Order of the Commission.

    Issued: April 11, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9174 Filed 4-16-12; 8:45 am]
BILLING CODE 7020-02-P