[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Notices]
[Pages 5934-5935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01753]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1318]


Certain Graphics Systems, Components Thereof, and Digital 
Televisions Containing the Same; Notice of Final Determination Finding 
a Violation of Section 337; Issuance of a Limited Exclusion Order and 
Cease and Desist Orders; Termination of 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 has determined that respondents TCL Industries Holdings Co., 
Ltd. of Guangdong, China; TCL Industries Holdings (H.K.) Co. Limited of 
Hong Kong, China; TCL Electronics Holdings Ltd. f/k/a TCL Multimedia 
Technology Holdings, Ltd. of Hong Kong, China; TCL Technology Group 
Corporation of Guangdong, China; TTE Corporation of Hong Kong, China; 
TCL Holdings (BVI) Ltd. of Hong Kong, China; TCL King Electrical 
Appliances (Huizhou) Co. Ltd. of Guangdong, China; Shenzhen TCL New 
Technology Co., Ltd. of Guangdong, China; TCL MOKA International Ltd. 
of Hong Kong, China; TCL Smart Device (Vietnam) Co., Ltd. of Binh Duong 
Province, Vietnam; Manufacturas Avanzadas SA de CV of Chihuahua, 
Mexico; TCL Electronics Mexico, S de RL de CV of Benito Juarez, Mexico; 
TCL Overseas Marketing Ltd. of Hong Kong, China; TTE Technology, Inc. 
(``TTE Technology'') of Corona, California; and Realtek Semiconductor 
Corporation (``Realtek'') of Hsinchu, Taiwan (collectively, 
``Respondents'') have violated section 337 of the Tariff Act of 1930, 
as amended, by importing, selling for importation, or selling within 
the United States after importation certain graphics systems, 
components thereof, and digital televisions containing the same that 
infringe claims 19 and 20 of U.S. Patent No. 8,854,381 (``the '381 
patent''). The Commission has determined that the appropriate remedies 
are a limited exclusion order (``LEO'') against the Respondents' 
infringing products and cease and desist orders (``CDOs'') against each 
of Respondents except for Realtek. The Commission has also determined 
to set no (0 percent) bond for importations of the excluded articles 
imported during the period of Presidential review. This investigation 
is hereby terminated.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. 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 
<a href="/cdn-cgi/l/email-protection#6a2f2e233959220f061a2a1f19031e09440d051c"><span class="__cf_email__" data-cfemail="6623222f35552e030a162613150f120548010910">[email protected]</span></a>. 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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 7, 2022, based on a complaint filed by Advanced Micro Devices, 
Inc. of Santa Clara, California and ATI Technologies ULC of Ontario, 
Canada (together, ``AMD''). 87 FR 34718-19 (June 7, 2022). The 
complaint, as supplemented, alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
on certain graphics systems, components thereof, and digital 
televisions containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 7,742,053 (``the '053 patent''); 8,760,454 
(``the '454 patent''); 11,184,628 (``the '628 patent''); 8,468,547 
(``the '547 patent''); and the '381 patent. Id. at 34718. The complaint 
further alleges that a domestic industry (``DI'') exists. Id. The 
notice of investigation (``NOI'') named 14 of the respondents listed 
above (with the exception of TTE Technology). Id. at 34719, as amended, 
87 FR 62452-53 (Oct. 14, 2022). The Office of Unfair Import 
Investigations is not named as a party to this investigation. 87 FR at 
34719.
    On August 4, 2022, the Commission terminated the investigation as 
to the '454 patent. See Order No. 10 (July 14, 2022), unreviewed by 
Comm'n Notice (Aug. 4, 2022).
    On September 26, 2022, the Commission allowed TTE Technology to 
intervene in this investigation as an

[[Page 5935]]

additional respondent. See Order No. 17 (Aug. 30, 2022), unreviewed by 
Comm'n Notice (Sept. 26, 2022).
    On October 7, 2022, the Commission terminated the investigation as 
to claims 17-21 of the '547 patent and amended the complaint and NOI to 
correct the names of two respondents by changing ``TCL Industries 
Holdings (H.K.) Limited'' to ``TCL Industries Holdings (H.K.) Co. 
Limited,'' and ``Shenzhen TCL New Technologies Co., Ltd.'' to 
``Shenzhen TCL New Technology Co., Ltd.'' See Order Nos. 23 (Sept. 20, 
2022) and 24 (Sept. 20, 2022), unreviewed by 87 FR 62452-53 (Oct. 14, 
2022). The corrected names of these respondents are included in the 
list of infringing respondents listed above.
    On February 22, 2023, the Commission terminated the investigation 
as to the '547 patent. See Order No. 56 (Jan. 24, 2023), unreviewed by 
Comm'n Notice (Feb. 22, 2023). On March 7, 2023, the Commission 
terminated the investigation as to claims 1-4 and 7 of the '053 patent 
and claims 8, 11, and 12 of the '628 patent. See Order No. 64 (Feb. 7, 
2023), unreviewed by Comm'n Notice (Mar. 7, 2023).
    On March 15, 2023, the Commission granted summary determination 
that the economic prong of the DI requirement has been satisfied in 
this investigation as to the remaining asserted patents--i.e., the 
'053, '628, and '381 patents. See Order No. 62 (Feb. 6, 2023), aff'd by 
Comm'n Notice (Mar. 15, 2023).
    On March 30, 2023, the Commission terminated the investigation as 
to claim 8 of the '053 patent and claim 18 of the '381 patent. See 
Order No. 70 (Mar. 14, 2023), unreviewed by Comm'n Notice (Mar. 30, 
2023). On April 19, 2023, the Commission terminated the investigation 
as to the '628 patent. See Order No. 72 (Apr. 3, 2023), unreviewed by 
Comm'n Notice (Apr. 19, 2023).
    On July 7, 2023, the administrative law judge issued a final 
initial determination (``ID'') on violation, which included a 
recommended determination (``RD'') on remedy and bonding. The ID finds 
no violation of section 337 as to the '053 patent, but does find a 
violation as to claims 19 and 20 of the '381 patent. The RD recommends 
that, should the Commission determine that a violation of section 337 
has occurred, the Commission should: (i) issue an LEO against the 
Respondents' infringing products; (ii) issue a CDO against each of 
Respondents except for Realtek and TTE Technology; and (iii) issue no 
(0 percent) bond for importations of infringing products during the 
period of Presidential review.
    On October 16, 2023, the Commission determined to review the final 
ID in part. 88 FR 72537-39 (Oct. 20, 2023). Specifically, the 
Commission determined to review the ID's infringement finding regarding 
claim 19 of the '381 patent. Id. at 72538. The Commission also 
determined to review and, on review, take no position on the ID's 
findings regarding the ALJ's construction of limitation 5[c] (``a 
plurality of command processing engines, coupled to the arbiter, each 
operable to receive and process the command thread'') of claim 5 of the 
'053 patent, as well as infringement and satisfaction of the technical 
prong of the DI requirement with respect to limitation 5[c]. Id. The 
Commission further determined not to review the remaining findings in 
the ID. Id. The Commission's notice requested written submissions on 
the issue under review, as well as on remedy, the public interest, and 
bonding. Id.
    The Commission did not receive submissions on the public interest 
from the parties pursuant to Commission Rule 210.50(a)(4), 19 CFR 
210.50(a)(4). The Commission also did not receive any submissions on 
the public interest from members of the public in response to the 
Commission's Federal Register notice. See 88 FR 48262-63 (July 26, 
2023).
    On October 30, 2023, AMD and Respondents each filed initial briefs 
with written submissions on the issue under review as well as on 
remedy, the public interest, and bonding. On November 6, 2023, AMD and 
Respondents each filed reply briefs.
    The Commission, having reviewed the record in this investigation, 
including the final ID, the parties' petitions and responses thereto, 
and the parties' briefs on remedy, the public interest, and bonding, 
has determined that Respondents have violated section 337 by importing, 
selling for importation, or selling within the United States after 
importation certain graphics systems, components thereof, and digital 
televisions containing the same that infringe claims 19 and 20 of the 
'381 patent. Specifically, the Commission affirms with modification the 
ID's finding that AMD has proven that the Accused Products practice 
claim 19 of the '381 patent to include supplemental findings and 
evidence.
    The Commission has determined that the appropriate remedy is: (i) 
an LEO prohibiting the importation of certain graphics systems, 
components thereof, and digital televisions containing the same that 
infringe one or more of claims 19 and 20 of the '381 patent; and (ii) 
CDOs against each of the Respondents except for Realtek. The Commission 
has also determined that the public interest factors do not preclude 
issuance of the remedial orders. The Commission has further determined 
to set no (0 percent) bond for importations of the excluded articles 
imported during the period of Presidential review (19 U.S.C. 1337(j)).
    The Commission issues its opinion herewith setting forth its 
determinations on certain issues. This investigation is hereby 
terminated.
    The Commission's orders and opinion were delivered to the President 
and United States Trade Representative on the day of their issuance.
    The Commission vote for this determination took place on January 
24, 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: January 24, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-01753 Filed 1-29-24; 8:45 am]
BILLING CODE 7020-02-P


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