[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31311-31312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15387]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-631]


In the Matter of Certain Liquid Crystal Display Devices and 
Products Containing the Same; Notice of Commission Decision To Affirm-
In-Part and Reverse-In-Part a Final Initial Determination Finding a 
Violation of Section 337; Issuance of a Limited Exclusion Order and a 
Cease and Desist Order; and Termination of the 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 to affirm-in-part and reverse-in-part a final 
initial determination (``ID'') of the presiding administrative law 
judge (``ALJ'') finding a violation of section 337 by the respondents' 
products in the above-captioned investigation, and has issued a limited 
exclusion order directed against products of 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''); and cease and desist 
orders direct against products of Sharp Electronics Corp. and Sharp 
Electronics Manufacturing Co.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 
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, alleges 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 
alleges 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.
    On January 26, 2009, the ALJ issued his final 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: (1) The 
ALJ's construction of the claim term ``domain dividers'' found in the 
`311 patent;'' (2) the ALJ's determination that Sharp's LCD devices 
infringe the `311 patent; (3) the ALJ's determination that the `311 
patent is not unenforceable; and (4) the ALJ's determination that the 
asserted claims of the `344 patent are not invalid as anticipated by 
U.S. Patent No. 5,309,264 (``the `264 patent'').
    The Commission requested the parties to respond to certain 
questions concerning the issues under review and 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.
    Having reviewed the record in this investigation, including the 
final ID and the parties' written submissions, the Commission has 
determined to affirm-in-part and reverse-in-part the ID. Particularly, 
the Commission has construed the term ``domain dividers'' in claims 6 
and 8 of the `311 patent to be ``apertures formed in the conductive 
layer comprising the electrode.'' Further, the Commission has reversed 
the ALJ's ruling of infringement of the `311 patent by Sharp's LCD 
devices and determined that these devices do not infringe claims 6 and 
8 under the Commission's claim construction of ``domain dividers.'' 
Also, the Commission has taken no position on the validity of the `311 
patent pursuant to 35 U.S.C. 112, ] 1, under the ALJ's construction of 
``domain dividers,'' or the unenforceability of the `311 patent. In 
addition, the Commission has affirmed the ALJ's finding that claims 7 
and 8 of the `344 patent are not invalid in view of the `264 patent, 
and affirm his determination of a violation of section 337 with respect 
to the `344 patent.
    Further, the Commission has made its determination on the issues of 
remedy, the public interest, and bonding. The Commission has determined 
that the appropriate form of relief is both: (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 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.

[[Page 31312]]

    The Commission further determined that the public interest factors 
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude 
issuance of the limited exclusion order or the cease and desist order. 
Finally, the Commission determined that no bond is required to permit 
temporary importation during the period of Presidential review (19 
U.S.C. 1337(j)). The Commission's orders and opinion were delivered to 
the President and to the United States Trade Representative on the day 
of its issuance.
    The Commission has terminated this investigation. 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 sections 
210.42, 210.45, and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42, 210.45, 210.50).

    By order of the Commission.
    Issued June 24, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-15387 Filed 6-29-09; 8:45 am]
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