2020-11360. Certain Liquid Crystal Display Devices, Components Thereof, and 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 April 21, 2020, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sharp Corporation of Japan and Sharp Electronics Corporation of New Jersey. Supplements to the complaint were filed on April 22, 2020, May 4, 2020, and May 12, 2020. 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 liquid crystal display devices, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,245,329 (“the '329 patent”); U.S. Patent No. 7,372,533 (“the '533 patent”); U.S. Patent No. 8,022,912 (“the '912 patent”); U.S. Patent No. 8,451,204 (“the '204 patent”); and U.S. Patent No. 8,847,863 (“the '863 patent”). The complaint further alleges that an industry in the United States exists 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 complaint, as supplemented, except for any confidential information contained therein, may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email [e-mail]. 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.

FOR FURTHER INFORMATION CONTACT:

Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone [phone].

SUPPLEMENTARY INFORMATION:

Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2020).

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 20, 2020, 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 products identified in paragraph (2) by reason of infringement of one or more of claims 1 and 4-6 of the '329 patent; claims 1-2 and 11-13 of the '533 patent; claims 1, 4, 6, 11-12, 15, 17, and 22 of the '912 patent; claims 1, 3, 5, 10-11, 13, 15, 17, and 22 of the '204 patent; and claims 8-13 of the '863 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is “high definition televisions and display screens, LCD panels, LCD modules (consisting of LCD panels as well as a controller and backlight), and components of each”;

(3) 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:

Sharp Corporation, 1 Takumi-cho, Sakai-ku, Sakai City, Osaka, 590-8522 Japan

Sharp Electronics Corporation, 100 Paragon Drive, Montvale, New Jersey 07645

(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, CA 92618

Xianyang CaiHong Optoelectronics Technology Co., Ltd., No.1, Gaoke Yilu, Qindu District, Xianyang, Shaanxi, 712000, China

TPV Technology, Ltd., Units 1208-16, 12/F, C-Bons International Center, 108 Wai Yip Street, Kwun Tong, Kowloon, Hong Kong

TPV Display Technology (Xiamen) Co., Ltd., No. 1, Xianghai Road, (Xiang'An) Industrial Zone, Torch Hi-New Zon, Xiamen, Fujian, 361101, China

TPV International (USA), Inc., 3737 Executive Center Drive, Suite 261, Austin, TX 78731

Trend Smart America, Ltd., 2 South Pointe Dr., Ste. 152, Lake Forest, CA 92630

Trend Smart CE Mexico S.R.L. De D.V., Sor Juana Ines De La Cruz No. 196202, Tijuana, Baja California 22435, Mexico

(4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.

The Office of Unfair Import Investigations will not be named as a party to this investigation.

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(e) and 210.13(a), as amended in 85 FR 15798 (March 19, 2020), such responses will be considered by the Commission if received not later than 20 days after the date of service by complainants 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: May 21, 2020.

Lisa Barton,

Secretary to the Commission.