34870 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices

released, would constitute a clearly SUPPLEMENTARY INFORMATION: The On May 11, 2018, the ALJ issued a unwarranted invasion of your personal Commission instituted this investigation final ID finding no violation of section privacy. You must also briefly describe on April 12, 2017, based on a complaint 337. Specifically, he found that any possible harmful consequence(s) of filed by Broadcom Corporation Respondents did not infringe any claim, the disclosure of information, such as (‘‘Broadcom’’) of Irvine, California. 82 that the asserted claims of the ’844 embarrassment, injury or other harm. FR 17688. The complaint alleges patent are invalid, and that Broadcom Dated: July 17, 2018. violations of section 337 of the Tariff did not satisfy the technical prong of the Walter D. Cruickshank, Act of 1930, as amended, 19 U.S.C. 1337 domestic industry requirement for the (‘‘section 337’’), in the importation into ’104 patent. Acting Director, Bureau of Ocean Energy Management. the United States, the sale for On May 29, 2018, Broadcom and importation, and the sale within the Respondents each petitioned for review [FR Doc. 2018–15669 Filed 7–20–18; 8:45 am] United States after importation of of the ID. On June 6, 2018, the parties BILLING CODE 4310–MR–P certain semiconductor devices and opposed each other’s petitions. consumer audiovisual products Having examined the record of this containing the same that infringe U.S. investigation, including the ALJ’s final INTERNATIONAL TRADE Patent Nos. 7,310,104; 7,342,967; ID, the petitions for review, and the COMMISSION 7,590,059; 8,068,171; and 8,284,844. Id. responses thereto, the Commission has [Investigation No. 337–TA–1047] The Commission’s notice of determined to review the final ID in investigation named as respondents part. Specifically, the Commission has Certain Semiconductor Devices and MediaTek Inc. of Hsinchu City, Taiwan, determined to review the following Consumer Audiovisual Products MediaTek USA Inc. of San Jose, issues: (1) The construction of ‘‘a Containing the Same; Commission California, and MStar Semiconductor processor adapted to control a decoding Determination To Review in Part a Inc. of ChuPei Hsinchu Hsien, Taiwan process’’ in claim 1 of the ’844 patent, Final Initial Determination Finding No (together, ‘‘MediaTek’’); Sigma Designs, as well as related issues of infringement, Violation of Section 337; Schedule for Inc. of Fremont, California (‘‘Sigma’’); invalidity, and the technical prong of Briefing; Extension of Target Date LG Electronics Inc. of Seoul, Republic of the domestic industry requirement with AGENCY: U.S. International Trade Korea and LG Electronics U.S.A., Inc. of respect to the limitation; (2) the finding Commission. Englewood Cliffs, New Jersey (together, that Fandrianto satisfies the limitation ‘‘LG’’); Funai Electric Company, Ltd., of ‘‘adapted to perform a decoding ACTION: Notice. Osaka, Japan, Funai Corporation, Inc. of function on a digital media stream’’ of SUMMARY: Notice is hereby given that Rutherford, New Jersey, and P&F USA, claim 1 of the ’844 patent; (3) the the U.S. International Trade Inc. of Alpharetta, Georgia (together, construction of ‘‘the blended graphics Commission has determined to review ‘‘Funai’’); and Vizio, Inc., of Irvine, image’’ in claim 1 of the ’104 patent, as in part a final initial determination California (‘‘Vizio’’). Id. The Office of well as related issues of infringement, (‘‘ID’’) issued by the presiding Unfair Import Investigations is not invalidity, and the technical prong of administrative law judge (‘‘ALJ’’), participating in this investigation. Id. the domestic industry requirement with finding no violation of section 337 of Several parties were terminated from respect to the limitation; (4) the the Tariff Act of 1930, as amended. The the investigation based on settlement. construction of ‘‘blend the blended Commission has also set a schedule for Specifically, the Commission graphics image with the video image briefing. Additionally, Commission has terminated the investigation with using the alpha values and/or at least determined to extend the target date for respect to Funai, Order No. 31 (Nov. 7, one value derived from the alpha the completion of the investigation to 2017), not reviewed Notice (Dec. 12, values’’ in claim 1 of the ’104 patent, as September 19, 2018. 2017); MediaTek, Order No. 35 (Nov. 29, well as related issues of infringement, FOR FURTHER INFORMATION CONTACT: 2017), not reviewed Notice (Dec. 19, invalidity, and the technical prong of Robert Needham, Office of the General 2017); and LG, Order No. 42 (Apr. 9, the domestic industry requirement with Counsel, U.S. International Trade 2018), not reviewed Notice (May 4, respect to the limitation; and (5) the Commission, 500 E Street SW, 2018). Accordingly, only respondents finding that claims 1 and 10 of the ’104 Washington, DC 20436, telephone (202) Sigma and Vizio (together, patent would be rendered obvious by 708–5468. Copies of non-confidential ‘‘Respondents’’) remained in the Gloudemans in view of Porter & Duff documents filed in connection with this investigation at the time of the final ID. under Broadcom’s proposed claim investigation are or will be available for The Commission also terminated two constructions. inspection during official business patents and several claims based on The parties are requested to brief their hours (8:45 a.m. to 5:15 p.m.) in the Broadcom’s partial withdrawal of the positions on the issues under view with Office of the Secretary, U.S. complaint. Specifically, the Commission reference to applicable law and the International Trade Commission, 500 E terminated the investigation with evidentiary record. In connection with Street SW, Washington, DC 20436, respect to the ’967 patent, the ’171 its review, the Commission is interested telephone (202) 205–2000. General patent, claims 21–30 of the ’059 patent, in briefing on the following issues: information concerning the Commission and claim 14 of the ’844 patent. Order 1. Should the construction of the term ‘‘a may also be obtained by accessing its No. 24 (Oct. 10, 2017), not reviewed processor adapted to control a decoding internet server (https://www.usitc.gov). Notice (Oct. 24, 2017). Broadcom also process’’ of the ’844 patent include the The public record for this investigation elected to withdraw claims 5 and 11–13 concept of ‘‘orchestrate,’’ and what is the may be viewed on the Commission’s of the ’844 patent in its post-hearing difference between ‘‘control’’ and electronic docket (EDIS) at https:// brief. ID at 7. Accordingly, at the time ‘‘orchestrate’’ in the context of this patent? 2. Should the construction of the term ‘‘a edis.usitc.gov. Hearing-impaired of the final ID, the only remaining processor adapted to control a decoding persons are advised that information on claims were 1, 10, 11, 16, 17, and 22 of process’’ of the ’844 patent include the this matter can be obtained by the ’104 patent; claims 1–4, 6–10, of the concept of a ‘‘pipeline’’ or ‘‘stage’’? contacting the Commission’s TDD ’844 patent; and claims 11–20 of the 3. In construing the term ‘‘blend the terminal on (202) 205–1810. ’059 patent. blended graphics image with the video image

VerDate Sep<11>2014 17:59 Jul 20, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\23JYN1.SGM 23JYN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34871

using the alpha values and/or at least one 1. If the Commission were to issue should contact the Secretary (202–205– value derived from the alpha values’’ in remedial orders in this investigation, could 2000). claim 1 of the ’104 patent, under what legal the demand for the excluded articles be Any person desiring to submit a theory (if any) may the Commission base its fulfilled by others? document to the Commission in construction upon Broadcom’s arguments in If the Commission orders some form confidence must request confidential the district court case Broadcom Corp. v. of remedy, the U.S. Trade SiRF Technology, Inc., Case No. 8:08–cv– treatment. All such requests should be 00546–JVS–MLG (C.D. Cal. July 15, 2010)? Representative, as delegated by the directed to the Secretary to the 4. If your responses to the questions above President, has 60 days to approve or Commission and must include a full contend that one or more of the final ID’s disapprove the Commission’s action. statement of the reasons why the claim constructions should be changed, See Presidential Memorandum of July Commission should grant such please explain how each change in claim 21, 2005, 70 FR 43251 (July 26, 2005). treatment. See 19 CFR 201.6. Documents construction would impact the issues of During this period, the subject articles for which confidential treatment by the infringement, invalidity, and the technical would be entitled to enter the United Commission is properly sought will be prong of the domestic industry requirement. States under bond, in an amount treated accordingly. All information, The parties have been invited to brief determined by the Commission and including confidential business only the discrete issues described above, prescribed by the Secretary of the information and documents for which with reference to the applicable law and Treasury. The Commission is therefore confidential treatment is properly evidentiary record. The parties are not interested in receiving submissions sought, submitted to the Commission for to brief other issues on review, which concerning the amount of the bond that purposes of this Investigation may be are adequately presented in the parties’ should be imposed if a remedy is disclosed to and used: (i) By the existing filings. ordered. Commission, its employees and Offices, Written Submissions: The parties to In connection with the final and contract personnel (a) for the investigation are requested to file disposition of this investigation, the developing or maintaining the records written submissions on the issues Commission may (1) issue an order that of this or a related proceeding, or (b) in identified in this notice. Parties to the could result in the exclusion of the internal investigations, audits, reviews, investigation, interested government subject articles from entry into the and evaluations relating to the agencies, and any other interested United States, and/or (2) issue a cease programs, personnel, and operations of parties are encouraged to file written and desist order that could result in the the Commission including under 5 submissions on the issues of remedy, U.S.C. Appendix 3; or (ii) by U.S. respondent being required to cease and the public interest, and bonding. Such government employees and contract desist from engaging in unfair acts in submissions should address the personnel,1 solely for cybersecurity the importation and sale of such recommended determination by the ALJ purposes. All nonconfidential written articles. Accordingly, the Commission is on remedy and bonding, which issued submissions will be available for public interested in receiving written on May 23, 2018. Broadcom is also inspection at the Office of the Secretary submissions that address the form of requested to submit proposed remedial and on EDIS. remedy, if any, that should be ordered. orders for the Commission’s The authority for the Commission’s If a party seeks exclusion of an article consideration. Broadcom is additionally determination is contained in section from entry into the United States for requested to state the date that the ’059, 337 of the Tariff Act of 1930, as purposes other than entry for ’844 and ’104 patents expire, the HTSUS consumption, the party should so numbers under which the subject amended (19 U.S.C. 1337), and in part indicate and provide information articles are imported, and to supply a 210 of the Commission’s Rules of establishing that activities involving list of known importers of the subject Practice and Procedure (19 CFR part other types of entry either are adversely articles. The written submissions, 210). affecting it or likely to do so. For exclusive of any exhibits, must not By order of the Commission. background, see Certain Devices for exceed 60 pages, and must be filed no Issued: July 17, 2018. Connecting Computers via Telephone later than close of business on July 27, Lisa Barton, Lines, Inv. No. 337–TA–360, USITC 2018. Reply submissions must not Secretary to the Commission. Pub. No. 2843 (December 1994) exceed 30 pages, and must be filed no [FR Doc. 2018–15635 Filed 7–20–18; 8:45 am] (Commission Opinion). later than the close of business on BILLING CODE 7020–02–P If the Commission contemplates some August 3, 2018. No further submissions form of remedy, it must consider the on these issues will be permitted unless effects of that remedy upon the public otherwise ordered by the Commission. INTERNATIONAL TRADE interest. The factors the Commission Persons filing written submissions COMMISSION will consider include the effect that an must file the original document exclusion order and/or a cease and electronically on or before the deadlines [Investigation No. 337–TA–1124] desist order would have on (1) the stated above and submit 8 true paper public health and welfare, (2) copies to the Office of the Secretary by Institution of Investigation: Certain competitive conditions in the U.S. noon the next day pursuant to section Powered Cover Plates economy, (3) U.S. production of articles 210.4(f) of the Commission’s Rules of AGENCY: U.S. International Trade that are like or directly competitive with Practice and Procedure (19 CFR Commission. those that are subject to investigation, 210.4(f)). Submissions should refer to ACTION: Notice. and (4) U.S. consumers. The the investigation number (‘‘Inv. No. Commission is therefore interested in 337–TA–1047’’) in a prominent place on SUMMARY: Notice is hereby given that a receiving written submissions that the cover page and/or the first page. (See complaint was filed with the U.S. address the aforementioned public Handbook for Electronic Filing International Trade Commission on June interest factors in the context of this Procedures, http://www.usitc.gov/ 20, 2018, under section 337 of the Tariff investigation. The Commission is secretary/fed_reg_notices/rules/ _ _ _ particularly interested in briefing on the handbook on electronic filing.pdf.) 1 All contract personnel will sign appropriate following issue: Persons with questions regarding filing nondisclosure agreements.

VerDate Sep<11>2014 17:59 Jul 20, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\23JYN1.SGM 23JYN1 amozie on DSK3GDR082PROD with NOTICES1