2012-301. Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same; Notice of Institution of Investigation

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 5, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Walker Digital, LLC, of Stamford, Connecticut. Letters supplementing the complaint were filed on December 21, 2011, and December 22, 2011. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain Blu-ray disc players, components thereof and products containing same by reason of infringement of certain claims of U.S. Patent No 6,263,505 (“the `505 patent”). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.

ADDRESSES:

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 [phone]. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on [phone]. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at [phone]. 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.

FOR FURTHER INFORMATION CONTACT:

The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone [phone].

Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2011).

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on January 5, 2012, 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 Blu-ray disc players, components thereof and products containing same that infringe one or more of claims 7, 8, 10, 12, 14, and 15 of the `505 patent, 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 complainant is:

Walker Digital, LLC, 2 High Ridge Park, Stamford, CT 06905.

(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:

D&M Holdings, Inc., D&M Building 2-1, Nisshin-cho, Kawasaki-ku, Kawasaki-shi, Kanagawa 210-8569, Japan.

D&M Holdings US, Inc., 100 Corporate Drive, Mahwah, NJ 07430.

Denon Electronics (USA) LLC, 100 Corporate Drive, Mahwah, NJ 07430.

Funai Electric Co., Ltd., 7-7-1 Nakagaito, Daito City, Osaka 574-0013, Japan.

Funai Corporation, Inc., 201 Route 17 North, Suite 903, Rutherford, NJ 07070.

Haier Group Corporation, 1 Haier Road, Hi-Tech Zone, Qindao 266101, China.

Haier America Trading, LLC, 1356 Broadway, New York, NY 10018.

Harman International Industries, Inc., 400 Atlantic Street, 15th Floor, Stamford, CT 06901.

Inkel Corporation, 3-8, Cheongcheon-Dong, Bupyeong-Gu, Incheon, 4.3-853, South Korea.

LG Electronics, Inc., LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-gu, Seoul 150-721, South Korea.

LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632.

Marantz America LLC, 100 Corporate Drive, Mahwah, NJ 07430.

Onkyo Sound & Vision Corporation, 2-1 Nisshin-cho, Neyagawa-shi, Osaka 572-8540, Japan.

Onkyo USA Corporation, 18 Park Way, Upper Saddle River, NJ 07458.

Orion America, Inc., 1150 S. Main Street, Princeton, IN 47670.

Orion Electric Co., Ltd., 41-1 Iehisa-cho, Echizen-shi, Fukui 915-8555, Japan.

Panasonic Corporation, 1006 Oaza Kodoma, Kadoma-shi, Osaka 571-8501, Japan.

Panasonic Corporation of North America, One Panasonic Way, Seacaucus, NJ 07094.

P&F USA, Inc., 3015 Windward Plaza, Suite 100, Alpharetta, GA 30005.

Philips Electronics North America Corp., 3000 Minuteman Road, Andover, Massachusetts 01810.

Pioneer Corporation, 1-1 Shin-ogura, Saiwai-ku, Kawasaki-shi, Kanagawa 212-0031, Japan.

Pioneer Electronics (USA) Inc., 1925 East Dominguez Street, Long Beach, CA 90810.

Samsung Electronics Co., Ltd., 1320-10, Seocho 2-dong, Seocho-gu, Seoul 137-857, South Korea.

Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield Park, NJ 07660.

Sharp Corporation, 22-22 Nagaike-cho, Abeno-ku, Osaka 545-8522, Japan.

Sharp Electronics Corporation, 1 Sharp Plaza, Mahwah, NJ 07495.

Sherwood America, Inc., 14730 Beach Boulevard, #102, La Mirada, CA 90638.

Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan.

Sony Computer Entertainment, Inc., 1-7-1 Konan, Minato-ku, Tokyo 108-0075, Japan.

Sony Corporation of America, 1550 Madison Avenue, New York, NY 10022.

Sony Electronics, Inc., 6530 Via Esprillo, San Diego, CA 92127.

Sony Computer Entertainment, America LLC, 919 East Hillsdale Boulevard, Foster City, CA 94404.

Toshiba Corporation, 1-1, Shibaura 1-Chome, Minato-ku, Tokyo 105-8001, Japan.

Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, Irvine, CA 92618.

VIZIO, Inc., 39 Tesla, Irvine, CA 92618.

(c) The 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 Chief Administrative Law Judge, U.S. International Trade Commission, shall designate 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)-(e) 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 an exclusion order or a cease and desist order or both directed against the respondent.

Issued: January 5, 2012.

By order of the Commission.

James R. Holbein,

Secretary to the Commission.