`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In the Matter of
`
`CERTAIN DIGITAL VIDEO-CAPABLE
`DEVICES AND COMPONENTS
`THEREOF
`
`
`
`
`
`Investigation No. 337-TA-1224
`
`
`
`Notice.
`
`
`
`
`
`
`NOTICE OF A COMMISSION DETERMINATION TO GRANT RESPONDENTS’
`PETITION FOR RECONSIDERATION; ISSUANCE OF CORRECTED COMMISSION
`OPINION
`
`AGENCY: U.S. International Trade Commission.
`
`ACTION:
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission
`(“Commission”) has determined to grant respondents’ petition for reconsideration, and to issue a
`corrected Commission opinion.
`
`FOR FURTHER INFORMATION CONTACT: Amanda P. Fisherow, Esq., Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C.
`20436, telephone (202) 205-2737. Copies of non-confidential documents filed in connection
`with this investigation may be viewed on the Commission’s electronic docket (EDIS) at
`https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
`information concerning the Commission may also be obtained by accessing its Internet server at
`https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
`be obtained by contacting the Commission’s TDD terminal on (202) 205-1810.
`
`SUPPLEMENTARY INFORMATION: The Commission instituted the present investigation
`on October 22, 2020, based on a complaint and supplement thereto filed by Koninklijke Philips
`N.V. of Eindhoven, Netherlands and Philips North America LLC of Cambridge, Massachusetts
`(collectively, “Philips”). 85 FR 67373–74 (Oct. 22, 2020). The complaint, as supplemented,
`alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based
`upon the importation, sale for importation, and sale in the United States after importation of
`certain digital video-capable devices and components thereof by reason of infringement of
`certain claims of U.S. Patent Nos. 9,436,809 (“the ’809 patent”); 9,590,977 (“the ’977 patent”);
`10,091,186 (“the ’186 patent”); and 10,298,564 (“the ’564 patent”). Id. at 67373. The complaint
`further alleged that an industry in the United States exists or is in the process of being
`1
`
`

`

`
`
`
`established, as required by section 337. Id. The notice of investigation named the following
`respondents: Dell Technologies Inc. of Round Rock, Texas and Dell Inc. of Round Rock, Texas
`(together “Dell”); Hisense Co. Ltd. of Qingdao, China, Hisense Visual Technology Co., Ltd. of
`Qingdao, China, Hisense Electronics Manufacturing Company of America Corporation of
`Suwanee, Georgia, Hisense USA Corporation of Suwanee, Georgia, Hisense Import & Export
`Co. Ltd. of Qingdao, China, Hisense International Co., Ltd. of Qingdao, China, Hisense
`International (HK) Co., Ltd. of Sheung Wan, Hong Kong (SAR), and Hisense International
`(Hong Kong) America Investment Co., Ltd. of Sheung Wan, Hong Kong (SAR) (together,
`“Hisense”); HP, Inc. of Palo Alto, California (“HP”); Lenovo Group Ltd. of Quarry Bay, Hong
`Kong (SAR) and Lenovo (United States), Inc. of Morrisville, North Carolina (together,
`“Lenovo”); LG Electronics, Inc. of Seoul, Republic of Korea and LG Electronics USA, Inc. of
`Englewood Cliffs, New Jersey (together “LG”); TCL Industries Holdings Co., Ltd., of
`Guangdong, China, TCL Electronics Holdings Ltd. of Hong Kong Science Park, Hong Kong
`(SAR), TCL King Electrical Appliances (Huizhou) Co. Ltd. of Huizhou, China, TTE
`Technology, Inc. of Corona, California, TCL Moka International Ltd. of Sha Tin, Hong Kong,
`TCL Moka Manufacturing S.A. de C.V. of Tijuana, Mexico, TCL Smart Device (Vietnam)
`Company Ltd. of Binh Duong, Vietnam (together “TCL”); MediaTek Inc. of Hsinchu, Taiwan
`and MediaTek USA Inc. of San Jose, California (together “MediaTek”); Realtek Semiconductor
`Corp. of Hsinchu, Taiwan (“Realtek”); and Intel Corporation of Santa Clara, California (“Intel”).
`Id. at 67374. The Office of Unfair Import Investigations (“OUII”) is participating in the
`investigation. Id.
`
`
`During the course of the investigation, Philips moved to terminate the investigation as to
`various claims, patents, and respondents, including LG and MediaTek. See Order No. 19,
`unreviewed by Comm’n Notice (Apr. 15, 2021), Order No. 21, unreviewed by Comm’n Notice
`(May 12, 2021), Order No. 26, unreviewed by Comm’n Notice (Jun 21, 2021), Order 32,
`unreviewed by Comm’n Notice (July 26, 2021), Order No. 40, unreviewed by Comm’n Notice
`(Aug. 2, 2021), and Order No. 46, unreviewed by Comm’n Notice (Aug. 10, 2021). The
`Respondents that remained in the investigation were Dell, Hisense, HP, Lenovo, TCL, Realtek,
`and Intel (together, “the Respondents”). The asserted claims that remained at issue at the time of
`the ID were: claims 1, 9, 11, 12, and 14 of the ’186 patent; and claims 1, 18, 19, 21, and 25 of
`the ’564 patent.
`
`On October 21, 2021, the ALJ issued an initial determination (“ID”) finding that no
`violation of section 337 had occurred. On December 20, 2021, the Commission determined to
`review the ID in part. 86 FR 73316-18 (Dec. 27, 2021).
`
`On March 23, 2022, the Commission made its final determination in this investigation,
`finding that no violation of section 337 had occurred. 87 FR 18039-40 (Mar. 29, 2022). The
`Commission issued a Commission Opinion accompanying its final determination and terminated
`the investigation.
`
`On April 4, 2022, Respondents Intel, Dell, Lenovo, and HP filed a petition for
`reconsideration. The petition requests that the Commission correct an erroneous statement on
`
`
`
`2
`
`

`

`
`
`
`page 9 of its March 23, 2022, Opinion that had no impact on the substance of the Commission’s
`determination. Pet. at 2 (noting the erroneous statement: “The parties do not appear to challenge
`these constructions but argue that some of the constructions were not applied consistently.”).
`Philips and OUII did not file a response to the petition.
`
`The Commission has determined to grant the petition for reconsideration and to issue a
`corrected Commission Opinion, which is issued concurrently herewith. The following statement
`has been substituted on page 9 of the Corrected Commission Opinion: “Respondents challenged
`these constructions in part and argued that some of the constructions were not applied
`consistently.”
`
`The Commission vote for this determination took place on April 25, 2022.
`
`The authority for the Commission’s determination is contained in section 337 of the
`Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of
`Practice and Procedure (19 CFR Part 210).
`
`By order of the Commission.
`
`
`
`Lisa R. Barton
`Secretary to the Commission
`
`Issued: April 25, 2022
`
`
`
`
`
`
`3
`
`