2017-05494. Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same; 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 January 24, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Advanced Micro Devices, Inc. of Sunnyvale, California and ATI Technologies ULC of Canada. The complaint was amended on March 2, 2017. The complaint, as amended, 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 graphics systems, components thereof, and consumer products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,633,506 (“the '506 patent”); U.S. Patent No. 7,796,133 (“the '133 patent”); U.S. Patent No. 8,760,454 (“the '454 patent”); and U.S. Patent No. 9,582,846 (“the `846 patent”). The amended complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal statute.

The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

ADDRESSES:

The amended 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 (2016).

Scope of Investigation: Having considered the amended complaint, the U.S. International Trade Commission, on March 15, 2017, 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 graphics systems, components thereof, and consumer products containing the same by reason of infringement of one or more of claims 1-9 of the '506 patent; claims 1-13 and 40 of the '133 patent; claims 2-5, 6-10, and 11 of the '454 patent; and claims 1-8 of the '846 patent, and whether an industry in the United States exists or is in the process of being established 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:

Advanced Micro Devices, Inc., One AMD Place, Sunnyvale, CA 94085.

ATI Technologies ULC, 1 Commerce Valley Drive East, Markham, ON L3T 7X6, Canada.

(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:

LG Electronics, Inc., 128 Yeoui-Daero, Yeongdeungpo-Gu, Seoul 07336, Republic of Korea.

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

LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San Diego, CA 92131.

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

MediaTek Inc., No. 1 Dusing 1st Road, Hsinchu Science Park, Hsinchu City 30078, Taiwan.

Media Tek USA Inc., 2840 Junction Avenue, San Jose, CA 95134.

Sigma Designs, Inc., 47467 Fremont Boulevard, Fremont, CA 94538.

(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 amended 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(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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended 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 amended 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.

By order of the Commission.

Issued: March 15, 2017.

Lisa R. Barton,

Secretary to the Commission.