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45374 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices may also be obtained by accessing its rights under the Barth patents as to INTERNATIONAL TRADE Internet server at http://www.usitc.gov. certain products of one respondent. The COMMISSION The public record for this investigation ID found that all of the asserted patent [Investigation No. 337–TA–789] may be viewed on the Commission’s claims were infringed, and rejected electronic docket (EDIS) at http:// numerous affirmative defenses raised by Certain Digital Televisions and edis.usitc.gov. Hearing-impaired the respondents. Components Thereof; Determination persons are advised that information on On March 19, 2012, Rambus, the Not to Review Initial Determinations this matter can be obtained by respondents and the Commission Terminating the Investigation as to contacting the Commission’s TDD Three Respondents; Termination of terminal on (202) 205–1810. investigative attorney (‘‘IA’’) each filed a petition for review of the ID. On Investigation SUPPLEMENTARY INFORMATION: The March 27, 2012, these parties each filed Commission instituted this investigation AGENCY: U.S. International Trade a response to the others’ petitions. on January 4, 2011, based on a Commission. complaint filed by Rambus Inc. of On May 3, 2012, the Commission ACTION: Notice. Sunnyvale, California (‘‘Rambus’’), determined to review the ID in its SUMMARY: Notice is hereby given that alleging a violation of section 337 in the entirety. 77 FR 27,249 (May 9, 2012). the U.S. International Trade importation, sale for importation, and The notice of review asked the parties Commission has determined not to sale within the United States after to brief certain questions. review initial determinations (‘‘IDs’’) importation of certain semiconductor Having examined the record of this (Order Nos. 69, 70, and 71) granting chips and products containing the same. investigation, including the ALJ’s final joint motions to terminate the above- 76 FR 384 (Jan. 4, 2011). The complaint ID, the petitions for review and the captioned investigation with respect to alleged the infringement of various responses thereto, and the briefing in three respondents on the basis of claims of patents including U.S. Patent response to the notice of review, the settlement agreements. The Nos. 6,470,405; 6,591,353; 7,287,109 Commission has determined to investigation is terminated in its (collectively, ‘‘the Barth patents’’); and entirety. Nos. 7,602,857; and 7,715,494 terminate the investigation with a (collectively, ‘‘the Dally patents’’). The finding of no violation of section 337. FOR FURTHER INFORMATION CONTACT: Jia Barth patents share a common The Commission has determined to Chen, Office of the General Counsel, specification, as do the Dally patents. find no violation of section 337 for the U.S. International Trade Commission, The notice of investigation named as following reasons: We affirm the ALJ’s 500 E Street SW., Washington, DC respondents Freescale Semiconductor of conclusion that all of the asserted patent 20436, telephone (202) 205–4737. Austin, Texas (‘‘Freescale’’); Broadcom claims are invalid under 35 U.S.C. 102 Copies of non-confidential documents Corp. of Irvine, California or 103, except for the asserted Dally filed in connection with this (‘‘Broadcom’’); LSI Corporation of multiple-transmitter claims (’857 claims investigation are or will be available for Milpitas, California (‘‘LSI’’); Mediatek 11–13, 32–34, 50–52), for which we find inspection during official business Inc. of Hsin-Chu, Taiwan (‘‘Mediatek’’); that Rambus has not demonstrated hours (8:45 a.m. to 5:15 p.m.) in the NVIDIA Corp. of Santa Clara, California infringement. We reverse the ALJ’s Office of the Secretary, U.S. International Trade Commission, 500 E (‘‘NVIDIA’’); STMicroelectronics N.V. of determination that Rambus has Street SW., Washington, DC 20436, Geneva, Switzerland; and demonstrated the existence of a STMicroelectronics Inc. of Carrollton, telephone (202) 205–2000. General domestic industry under 19 U.S.C. information concerning the Commission Texas (collectively, ‘‘STMicro’’), as well 1337(a) for both the Barth patents and as approximately twenty customers of may also be obtained by accessing its Dally patents. We affirm the ALJ’s one or more of these respondents. Internet server (http://www.usitc.gov). determination that the Barth patents are The investigation has since been The public record for this investigation terminated against many of the unenforceable under the doctrine of may be viewed on the Commission’s respondents on the basis of Rambus’s unclean hands. We affirm the ALJ’s electronic docket (EDIS) at http:// settlements with Broadcom, Freescale, finding of exhaustion of the Barth edis.usitc.gov. Hearing-impaired MediaTek, and NVIDIA. patents as to one respondent. The persons are advised that information on LSI and STMicro are the only two Commission’s determinations, including this matter can be obtained by manufacturer respondents remaining. non-dispositive findings not recited contacting the Commission’s TDD With them as respondents are their above, will be set forth more fully in the terminal on (202) 205–1810. customers Asustek Computer, Inc. and Commission’s opinion. SUPPLEMENTARY INFORMATION: The Asus Computer International, Inc.; Cisco The authority for the Commission’s Commission instituted this investigation Systems, Inc.; Garmin International Inc.; determination is contained in section on July 19, 2011, based on a complaint Hewlett-Packard Company; Hitachi 337 of the Tariff Act of 1930, as filed by Vizio Inc. of Irvine, California Global Storage Technologies; and amended (19 U.S.C. 1337), and in (‘‘Vizio’’). 76 FR 42728–29 (July 19, Seagate Technology. sections 210.21, 210.42–46 and 210.50 2011). The complaint alleged violations On March 2, 2012, the ALJ issued the of the Commission’s Rules of Practice of section 337 of the Tariff Act of 1930, final ID. The ID found no violation of and Procedure (19 CFR 210.21, 210.42– as amended, 19 U.S.C. 1337, in the section 337 for several reasons. All of 46 and 210.50). importation into the United States, the the asserted claims were found to be sale for importation, and the sale within invalid or obvious in view of the prior By order of the Commission. the United States after importation of art under 35 U.S.C. 102 or 103. The Issued: July 25, 2012. certain digital televisions and Barth patents were found to be Lisa R. Barton, components thereof by reason of unenforceable under the doctrine of Acting Secretary to the Commission. infringement of certain claims of United unclean hands by virtue of Rambus’s States Patent Nos. 5,511,096; 5,621,761; [FR Doc. 2012–18591 Filed 7–30–12; 8:45 am] destruction of documents. The ID also 5,703,887; 5,745,522; and 5,511,082. found that Rambus had exhausted its BILLING CODE 7020–02–P The notice of investigation named the VerDate Mar<15>2010 16:48 Jul 30, 2012 Jkt 226001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM 31JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices 45375 following respondents: Coby Electronics Issued: July 25, 2012. by reason of infringement of various Corp. (‘‘Coby’’) of Lake Success, NY; Lisa R. Barton, claims of United States Patent Nos. Curtis International LTD (‘‘Curtis’’) of Acting Secretary to the Commission. 6,121,941 (‘‘the ’941 patent’’); 5,978,063 Ontario, Canada; E&S International [FR Doc. 2012–18597 Filed 7–30–12; 8:45 am] (‘‘the ’063 patent’’); 5,648,674 (‘‘the ’674 Enterprises, Inc. of Van Nuys, CA; BILLING CODE 7020–02–P patent’’); 5,621,556 (‘‘the ’556 patent’’); MStar Semiconductor, Inc. of ChuPei and 5,375,006 (‘‘the ’006 patent’’). The Hsinchu Hsien, Taiwan; On Corp US, Commission instituted Inv. No. 337– Inc. of San Diego, California; Renesas INTERNATIONAL TRADE TA–749 on November 30, 2010, based Electronics Corporation of Kanagawa, COMMISSION on a complaint filed by Thomson. 75 FR Japan, Renesas Electronics America, Inc. 74080 (Nov. 30, 2010). The complaint of Santa Clara, California; Sceptre Inc. [Investigation Nos. 337–TA–741/749] alleged violations of section 337 of the (‘‘Sceptre’’) of City of Industry, Certain Liquid Crystal Display Devices, Tariff Act of 1930 by reason of infringement of various claims of the California; and Westinghouse Digital, Including Monitors, Televisions, ’063, ’556, and ’006 patents. On January LLC of Orange, California. All Modules, and Components Thereof; 5, 2011, the Commission consolidated respondents except for Coby, Curtis, and Commission Determination Not To the two investigations. The respondents Sceptre have been terminated from the Review an Initial Determination are Chimei InnoLux Corporation of investigation. Terminating the Investigation as to Taiwan and InnoLux Corportation of On June 11, 2012, Vizio and U.S. Patent No. 6,121,941; Termination Austin, Texas (collectively, ‘‘CMI’’); respondent Sceptre filed a joint motion of Investigation MStar Semiconductor Inc. of Taiwan under Commission Rule 210.21(a)(2) to (‘‘MStar’’); Qisda Corporation of Taiwan terminate the investigation on the basis AGENCY: U.S. International Trade and Qisda America Corporation of of a settlement agreement that resolves Commission. Irvine, California (collectively, their litigation. On the same day, Vizio ACTION: Notice. ‘‘Qisda’’); BenQ Corporation of Taiwan, and respondent Coby filed a joint SUMMARY: Notice is hereby given that BenQ America Corporation of Irvine, motion under Commission Rule the U.S. International Trade California, and BenQ Latin America 210.21(a)(2) to terminate the Commission has determined not to Corporation of Miami, Florida investigation on the basis of a settlement review initial determinations (‘‘ID’’) (collectively ‘‘BenQ’’); Realtek agreement that resolves their litigation. (Order No. 31) granting a joint motion Semicondustor Corp. of Taiwan On June 12, 2012, Vizio and Curtis filed to terminate the above-captioned (‘‘Realtek’’); and AU Optronics Corp.
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