2010-7442. In the Matter of Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras; Notice of Investigation

AGENCY:

U.S. International Trade Commission.

ACTION:

Institution of investigation pursuant to 19 U.S.C. 1337.

SUMMARY:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 1, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Freescale Semiconductor, Inc. of Austin, Texas. A letter supplementing the complaint was filed on March 18, 2010. The complaint 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 integrated circuits, chipsets, and products containing same including televisions, media players, and cameras by reason of infringement of certain claims of U.S. Patent Nos. 5,467,455; 5,715,014; and 7,199,306. 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 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.

FOR FURTHER INFORMATION CONTACT:

Benjamin Levi, Esq., 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 (2009).

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on March 25, 2010, 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 integrated circuits, chipsets, or products containing same including televisions, media players, or cameras that infringe one or more of claims 1, 8-10, 22, and 26 of U.S. Patent No. 5,467,455; claims 1 and 10 of U.S. Patent No. 5,715,014; and claims 1, 6, 11, and 13-16 of U.S. Patent No. 7,199,306, 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:

Freescale Semiconductor, Inc., 6501 William Cannon Dr., West, Austin, TX 78735.

(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:

Panasonic Corporation, 1006 Oaza Kadoma, Kadoma, Osaka 571-8501, Japan;

Panasonic Semiconductor Discrete Devices Co., Ltd., 8-1, Minamihirocho, Umezu, Ukyo-Ku, 615-0901 Kyoto, Kyoto, Japan;

Panasonic Corporation of North America, 1 Panasonic Way, Secaucus, New Jersey 07094;

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

Funai Corporation, Inc., 201 Route 17, Ste. 903, Rutherford, New Jersey 07070;

JVC Kenwood Holding, Inc., 3-12, Moriyacho, Kanagawa-ku, Yokohama-shi, Kanagawa 221-8528, Japan;

Victor Company of Japan Limited, 12, Moriya-cho, 3-chome, Kanagawa-ku, Yokohama, 221-8528, Japan;

JVC Americas Corp., 1700 Valley Rd. Ste. 1, Wayne, New Jersey 07470;

Best Buy Co., Inc., 7601 Penn Ave. S., Richfield, Minnesota 55423;

B & H Foto & Electronics Corp., 420 9th Ave., New York, New York 10001;

Huppin's Hi-Fi Photo & Video, Inc., 421 W. Main Ave., Spokane, Washington 99201;

Buy.com Inc., 85 Enterprise, Aliso Viejo, California 92656;

Liberty Media Corporation, 12300 Liberty Blvd., Englewood, Colorado 80112;

QVC, Inc., 1200 Wilson Dr., West Chester, Pennsylvania 19380;

Crutchfield Corporation, 1 Crutchfield Pk., Charlottesville, Virginia 22911;

Wal-Mart Stores, Inc., 708 SW 8th St., Bentonville, Arkansas 72716;

Computer Nerds International, Inc., 2680 NE 188th St., Miami, Florida 33180.

(c) The Commission investigative attorney, party to this investigation, is Benjamin Levi, 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, Paul J. Luckern, 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.

By order of the Commission.

Issued: March 29, 2010.

Marilyn R. Abbott,

Secretary to the Commission.