U.S. International Trade Commission.
Institution of investigation pursuant to 19 U.S.C. 1337.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 15, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Funai Electric Co., Ltd. of Japan and Funai Corporation, Inc. of Rutherford, New Jersey. The complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital televisions and certain products containing same and methods of using same by reason of infringement of certain claims of U.S. Patent Nos. 6,115,074 and 5,329,369. The 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 a Start Printed Page 64241permanent exclusion order and a permanent cease and desist order.
The 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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
David O. Lloyd, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2576.
Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 8, 2007, 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 digital televisions and certain products containing same and methods of using same by reason of infringement of one or more of claims 1, 4, 5, 8, 9, and 23 of U.S. Patent No. 6,115,074 and claims 1-3, 5, 7, 10-13, 15, and 19-29 of U.S. Patent No. 5,329,369, 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—
Funai Electric Co., Ltd., 7-1, 7-Chome, Nakagaito, Daito City, Osaka, 574-0013, Japan.
Funai Corporation, Inc., 201 Route 17, North, Suite 903, Rutherford, New Jersey 07070.
(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
Vizio, Inc., 39 Tesla, Irvine, California 92618.
AmTran Technology Co., Ltd., 17F, 268, Lien Cheng Rd., Chungho City, Taipei Hsien, Taiwan 23553.
Polaroid Corporation, 1265 Main Street, Building W3, Waltham, Massachusetts 02451.
Petters Group Worldwide, LLC, 4400 Baker Road, Minnetonka, Minnesota 55343.
Syntax-Brillian Corporation, 1600 North Desert Drive, Tempe, Arizona 85281.
Taiwan Kolin Co., Ltd., 10F, #86 Section 1 Chung-King South Road, Taipei City, Taiwan 10048.
Proview International Holdings, Ltd., Unit 901, Paul Y Centre, No. 51 Hung To Road, Kun Tong, Hong Kong.
Proview Technology (Shenzhen) Co., Ltd., North Block 21, 23#, Shataukok Free Trade Zone, Shen Zhen, China.
Proview Technology, Ltd., 7373 Hunt Avenue, Garden Grove, California 92841.
TPV Technology, Ltd., Room 2108, 21/F, Harcourt House, 39 Gloucester Road, Wanchai, Hong Kong.
TPV International (USA), Inc., 3737 Executive Center Drive, Suite 261, Austin, Texas.
Top Victory Electronics (Taiwan) Co., Ltd., 10/F, #230, Liancheng Road, Zhonghe City, Taipei Hsien, Taiwan 23552.
Envision Peripherals, Inc., 47490 Seabridge Drive, Fremont, California 94538.
International Reliance Corp., 550 Cliffside Drive, San Dimas, California 91773.
(c) The Commission investigative attorney, party to this investigation, is David O. Lloyd, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Carl C. Charneski is designated as the presiding administrative law judge.
Responses to the 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) 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 complaint and the notice of investigation. Extensions of time for submitting responses to the 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 complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the 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 complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a permanent exclusion order or cease and desist order or both directed against a respondent.Start Signature
Issued: November 8, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-22207 Filed 11-14-07; 8:45 am]
BILLING CODE 7020-02-P