UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN GRAPHICS SYSTEMS,
`COMPONENTS THEREOF, AND
`CONSUMER PRODUCTS
`CONTAINING THE SAME
`
`Investigation No, 337-TA-1044
`
`LIMITED EXCLUSION ORDER
`
`The United States International Trade Commission ("Commission") has determined that
`
`there is a violation of Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337), in
`
`the unlawful importation, sale for importation, or sale within the United States after importation
`
`by Respondents VIZIO, Inc. ("VIZIO"), MediaTek Inc. and Media Tek USA Inc. (collectively,
`
`"MediaTek"), and Sigma Designs, Inc. ("SDI"), of certain graphics systems, components
`
`thereof, and consumer products containing the same, covered by claims 1-5 and 8 of U.S. Patent
`
`No. 7,633,506 ("the '506 patent").
`
`Having reviewed the record of this investigation, including the written submissions of the
`
`parties, the Commission has made its determination on the issues of remedy, public interest, and
`
`bonding. The Commission has determined that the appropriate form of relief is a limited
`
`exclusion order prohibiting the unlicensed entry into the United States of MediaTek's and SDI's
`
`covered graphics systems and VIZIO's televisions containing the same, manufactured abroad by
`
`or on behalf of the Respondents or any of their affiliated companies, parents, subsidiaries, or
`
`other related business entities, or their successors or assigns.
`
`1
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN GRAPHICS SYSTEMS,
`COMPONENTS THEREOF, AND
`CONSUMER PRODUCTS
`CONTAINING THE SAME
`
`Investigation No, 337-TA-1044
`
`LIMITED EXCLUSION ORDER
`
`The United States International Trade Commission ("Commission") has determined that
`
`there is a violation of Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337), in
`
`the unlawful importation, sale for importation, or sale within the United States after importation
`
`by Respondents VIZIO, Inc. ("VIZIO"), MediaTek Inc. and Media Tek USA Inc. (collectively,
`
`"MediaTek"), and Sigma Designs, Inc. ("SDI"), of certain graphics systems, components
`
`thereof, and consumer products containing the same, covered by claims 1-5 and 8 of U.S. Patent
`
`No. 7,633,506 ("the '506 patent").
`
`Having reviewed the record of this investigation, including the written submissions of the
`
`parties, the Commission has made its determination on the issues of remedy, public interest, and
`
`bonding. The Commission has determined that the appropriate form of relief is a limited
`
`exclusion order prohibiting the unlicensed entry into the United States of MediaTek's and SDI's
`
`covered graphics systems and VIZIO's televisions containing the same, manufactured abroad by
`
`or on behalf of the Respondents or any of their affiliated companies, parents, subsidiaries, or
`
`other related business entities, or their successors or assigns.
`
`1
`
`
`
`The Commission has also determined that the public interest factors enumerated in 19
`
`U.S.C. § 1337(d) do not preclude the issuance of the limited exclusion order, and that the bond
`
`during the Presidential review period shall be in the amount of zero (0) percent of the entered
`
`value of the covered products.
`
`Accordingly, the Commission hereby ORDERS that:
`
`1.
`
`MediaTek's and SDI's graphics systems and VIZIO's televisions containing the
`
`same, covered by one or more of claims 1-5 and 8 of the '506 patent that are manufactured
`
`abroad by or on behalf of, or are imported by or on behalf of the Respondents or any of their
`
`affiliated companies, parents, subsidiaries, agents, or other related business entities, or their
`
`successors or assigns are excluded from entry for consumption into the United States, entry for
`
`consumption from a foreign-trade zone, or withdrawal from a warehouse for consumption, for
`
`the remaining term of the '506 patent, except under license of the patent owner or as provided by
`
`law.
`
`2.
`
`Notwithstanding paragraph 1 of this Order, the aforesaid graphics systems,
`
`components thereof, and consumer products containing the same,. are entitled to entry into the
`
`United States for consumption, entry for consumption from a foreign trade zone, or withdrawal
`
`from a warehouse for consumption, under bond in the amount of zero (0) percent of the entered
`
`value of the covered products pursuant to subsection (j) of section 337 of the Tariff Act of 1930,
`
`as amended (19 U.S.C. § 1337(j)), and the Presidential Memorandum for the United States Trade
`
`Representative of July 21, 2005, (70 FR 43251), from the day after this Order is received by the
`
`United States Trade Representative, and until such time as the United States Trade representative
`
`notifies the Commission that this Order is approved or disapproved but, in any event, not later
`
`than sixty (60) days after the date of receipt of this Order.
`
`2
`
`
`
`3.
`
`At the discretion of U.S. Customs and Border Protection ("CBP") and pursuant to
`
`the procedures it establishes, persons seeking to import graphics systems, components thereof,
`
`and consumer products containing the same, that are potentially subject to this Order may be
`
`required to certify that they are familiar with the terms of this Order, that they have made
`
`appropriate inquiry, and thereupon state that, to the best of their knowledge and belief, the
`
`products being imported are not excluded from entry under paragraph 1 of this Order. At its
`
`discretion, CBP may require persons who have provided the certification described in this
`
`paragraph to furnish such records or analyses as are necessary to substantiate this certification.
`
`4.
`
`In accordance with 19 U.S.C. § 1337(1), the provisions of this Order shall not
`
`apply to graphics systems, components thereof, and consumer products containing the same that
`
`are imported by or for the use of the United States, or imported for and to be used for, the United
`
`States with the authorization or consent of the Government.
`
`5.
`
`The Commission may modify this Order in accordance with the procedures
`
`described in Rule 210.76 of the Commission's Rules of Practice and Procedure (19 C.F.R. §
`
`210:76).
`
`6.
`
`The Secretary shall serve copies of this Order upon each party of record in this
`
`Investigation and upon CBP.
`
`7.
`
`Notice of this Order shall be published in the Federal Register.
`
`By order of the Commission.
`
`Issued: August 22, 2018
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`
`
`CERTAIN GRAPHICS SYSTEMS, COMPONENTS
`THEREOF, AND CONSUMER PRODUCTS CONTAINING
`THE SAME
`
`Inv. No. 337-TA-1044
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served by hand upon
`the Commission Investigative Attorney, Yoncha L. Kundupoglu, Esq., and the following parties
`as indicated, on 8/22/2018
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants:
`
`Michael T. Renaud, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
`One Financial Center
`Boston, MA 02111
`
`CI Via Hand Delivery
`El Via Express Delivery
`El Via First Class Mail
`CI Other:
`
`On Behalf of Respondents VIZIO, Inc.:
`
`Cono A. Carrano, Esq.
`AKIN GUMP STRAUSS HAUER & FELD LLP
`Robert S. Strauss Building
`1333New Hampshire Avenue, NW
`Washington, DC 20036
`
`On Behalf of Respondents MediaTek, Inc., MediaTek USA
`Inc., and Sigma Designs, Inc.:
`
`Tyler T. VanHoutan, Esq.
`MCGUIRE WOODS LLP
`600 Travis Street, Suite 7500
`Houston, TX 77002
`
`El Via Hand Delivery
`, Via Express Delivery
`El Via First Class Mail
`CI Other:
`
`ED Via Hand Delivery
`El Via Express Delivery
`D Via First Class Mail
`CI Other:
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN GRAPHICS SYSTEMS,
`COMPONENTS THEREOF, AND
`CONSUMER PRODUCTS
`CONTAINING THE SAME
`
`Investigation No. 337-TA-1044
`
`CEASE AND DESIST ORDER
`
`IT IS HEREBY ORDERED THAT RESPONDENT VIZIO, Inc. of Irvine, California
`
`("Respondent"), cease and desist from conducting any of the following activities in the United
`
`States: importing, selling, marketing, advertising, distributing, transferring (except for
`
`exportation), and soliciting U.S. agents or distributors for, certain graphics systems, components
`
`thereof, and consumer products containing the same covered by claims 1-5 and 8 of U.S. Patent
`
`No. 7,633,506 ("the '506 patent") in violation of section 337 of the Tariff Act of 1930, as
`
`amended (19 U.S.C. § 1337).
`
`As used in this Order:
`
`I.
`Definitions
`
`(A)
`
`(B)
`
`"Commission" shall mean the United States International Trade Commission.
`
`"Complainants" shall mean Advanced Micro Devices, Inc. of Sunnyvale,
`
`California, and ATI Technologies ULC of Ontario, Canada.
`
`(C)
`
`"Respondent" shall mean VIZIO, Inc. of Irvine, California.
`
`1
`
`
`
`(D)
`
`"Person" shall mean an individual, or any non-governmental partnership, firm,
`
`association, corporation, or other legal or business entity other than Respondent or its majority
`
`owned or controlled subsidiaries, successors, or assigns.
`
`(E)
`
`"United States" shall mean the fifty States, the District of Columbia, and Puerto
`
`Rico.
`
`(F)
`
`The terms "import" and "importation" refer to importation for entry for
`
`consumption under the Customs laws of the United States.
`
`(G)
`
`The term "covered products" shall mean Respondent's televisions containing
`
`graphics systems covered by one or more of claims 1-5 and 8 of the '506 patent.
`
`Applicability
`
`The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
`
`principals, stockholders, officers, directors, employees, agents, distributors, controlled (whether
`
`by stock ownership or otherwise) and majority-owned business entities, successors, and assigns,
`
`and to each of them insofar as they are engaging in conduct prohibited by section III, infra, for,
`
`with, or otherwise on behalf of, Respondent.
`
`Conduct Prohibited
`
`The following conduct of Respondent in the United States is prohibited by this Order.
`
`For the remaining term of the Asserted Patent, Respondent shall not:
`
`(A)
`
`(B)
`
`import or sell for importation into the United States covered products;
`
`market, distribute, sell, or otherwise transfer (except for exportation), in the
`
`United States imported covered products;
`
`(C)
`
`advertise imported covered products;
`
`2
`
`
`
`(D)
`
`solicit U.S. agents or distributors for imported covered products; or
`
`(E)
`
`aid or abet other entities in the importation, sale for importation, sale after
`
`importation, transfer, or distribution of covered products.
`
`IV.
`Conduct Permitted
`
`Notwithstanding any other provision of this Order, Respondent shall be permitted:
`
`(A)
`
`to engage in specific conduct otherwise prohibited by the terms of this Order if, in
`
`a written instrument, the owner of the Asserted Patent licenses or authorizes such specific
`
`conduct; or
`
`(B)
`
`to engage in specific conduct otherwise prohibited by the terms of this Order if
`
`such specific conduct is related to the importation or sale of covered products by or for the
`
`United States.
`
`V.
`Reporting
`
`For purposes of this requirement, the reporting periods shall commence on January 1 of
`
`each year and shall end on the subsequent December 31. The first report required under this
`
`section shall cover the period from the date of issuance of this Order through December 31,
`
`2018. This reporting requirement shall continue in force until such time as Respondent has
`
`truthfully reported, in two consecutive timely filed reports, that it has no inventory of covered
`
`products in the United States.
`
`Within thirty (30) days of the last day of the reporting period, Respondent shall report to
`
`the Commission: (a) the quantity in units and the value in dollars of covered products that it has
`
`(i) imported and/or (ii) sold in the United States after importation during the reporting period,
`
`3
`
`
`
`and (b) the quantity in units and value in dollars of reported covered products that remain in
`
`inventory in the United States at the end of the reporting period.
`
`When filing written submissions, Respondent must file the original document
`
`electronically on or before the deadlines stated above and submit eight (8) true paper copies to
`
`the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 210.4(f)). Submissions should refer
`
`to the investigation number ("Inv. No. 337-TA-1044") in a prominent place on the cover pages
`
`and/or the first page. (See Handbook on Electronic Filing Procedures,
`
`https://wwvv.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf).
`
`Persons with questions regarding filing should contact the Office of the Secretary (202-205.-
`
`2000). If Respondent desires to submit a document to the Commission in confidence, it must file
`
`the original and a public version of the original with the Office of the Secretary and must serve a
`
`copy of the confidential version on Complainants' counsel.'
`
`Any failure to make the required report or the filing of any false or inaccurate report shall
`
`constitute a violation of this Order, and the submission of a false or inaccurate report may be
`
`referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
`
`VI.
`Recordkeeping and Inspection
`
`(A)
`
`For the purpose of securing compliance with this Order, Respondent shall retain
`
`any and all records relating to the sale, offer for sale, marketing, or distribution in the United
`
`States of covered products, made and received in the usual and ordinary course of business,
`
`1 Complainants must file a letter with the Secretary identifying the attorney to receive reports
`associated with this Order. The designated attorney must be on the protective order entered in the
`investigation.
`
`4
`
`
`
`whether in detail or in summary form, for a period of three (3) years from the close of the fiscal
`
`year to which they pertain.
`
`(B)
`
`For the purposes of determining or securing compliance with this Order and for
`
`no other purpose, subject to any privilege recognized by the federal courts of the United States,
`
`and upon reasonable written notice by the Commission or its staff, duly authorized
`
`representatives of the Commission shall be permitted access and the right to inspect and copy, in
`
`Respondent's principal office during office hours, and in the presence of counsel or other
`
`representatives if Respondent so chooses, all books, ledgers, accounts, correspondence,
`
`memoranda, and other records and documents, in detail and in summary form, that must be
`
`retained under subparagraph VI(A) of this Order.
`
`VII.
`Service of Cease and Desist Order
`
`Respondent is ordered and directed to:
`
`(A)
`
`Serve, within fifteen days after the effective date of this Order, a copy of this
`
`Order upon each of its respective officers, directors, managing agents, agents, and employees
`
`who have any responsibility for the importation, marketing, distribution, or sale of imported
`
`covered products in the United States;
`
`(B)
`
`Serve, within fifteen days after the succession of any persons referred to in
`
`subparagraph VII(A) of this Order, a copy of this Order upon each successor; and
`
`(C) Maintain such records as will show the name, title, and address of each person
`
`upon whom the Order has been served, as described in subparagraphs VII( A) and VII(B) of this
`
`Order, together with the date on which service was made.
`
`The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until
`
`the Asserted Patent expires.
`
`5
`
`
`
`VIII.
`Confidentiality
`
`Any request for confidential treatment of information obtained by the Commission
`
`pursuant to sections V-VI of this Order should be made in accordance with section 201.6 of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
`
`confidential treatment is sought, Respondent must provide a public version of such report with
`
`confidential information redacted.
`
`IX.
`Enforcement
`
`Violation of this Order may result in any of the actions specified in section 210.75 of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
`
`civil penalties under section 337(f) of the Tariff Act of 1930 (19 U.S.C. § 1337(f)), as well as
`
`any other action that the Commission deems appropriate. In determining whether Respondent is
`
`in violation of this Order, the Commission may infer facts adverse to Respondent if it fails to
`
`provide adequate or timely information.
`
`X.
`Modification
`
`The Commission may amend this Order on its own motion or in accordance with the
`
`procedure described in section 210.76 of the Commission's Rules of Practice and Procedure (19
`
`C.F.R. § 210.76).
`
`XI.
`Bonding
`
`The conduct prohibited by Section III of this Order may be continued during the sixty-
`
`day period in which this Order is under review by the United States Trade Representative, as
`
`delegated by the President (70 FR 43251 (July 21, 2005)), subject to the Respondent's posting of
`
`6
`
`
`
`a bond in the amount of zero (0) percent of the entered value of the covered products. This bond
`
`provision does not apply to conduct that is otherwise permitted by section IV of this Order.
`
`Covered products imported on or after the date of issuance of this Order are subject to the entry
`
`bond set forth in the exclusion order issued by the Commission, and are not subject to this bond
`
`provision.
`
`By order of the Commission.
`
`Issued: August 22, 2018
`
`Lisa R. Barton
`Secretary to the Commission
`
`7
`
`
`
`CERTAIN GRAPHICS SYSTEMS, COMPONENTS
`THEREOF, AND CONSUMER PRODUCTS CONTAINING
`THE SAME
`
`Inv. No. 337-TA4044
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served by hand upon
`the Commission Investigative Attorney, Yoncha L. Kundupoglu, Esq., and the following parties
`as indicated, on 8/22/2018
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants:
`
`Michael T. Renaud, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
`One Financial Center
`Boston, MA 02111
`
`O Via Hand Delivery
`O Via Express Delivery
`El Via First Class Mail
`O Other:
`
`On Behalf of Respondents VIZIO, Inc.:
`
`Cono A. Carrano, Esq.
`AKIN GUMP STRAUSS HAUER & FELD LLP
`Robert S. Strauss Building
`1333New Hampshire Avenue, NW
`Washington, DC 20036
`
`On Behalf of Respondents MediaTek, Inc., MediaTek USA
`Inc., and Sigma Designs, Inc.:
`
`Tyler T. VanHoutan, Esq.
`MCGUIRE WOODS LLP
`600 Travis Street, Suite 7500
`Houston, TX 77002
`
`O Via Hand Delivery
`O Via Express Delivery
`O Via First Class Mail
`O Other:
`
`El Via Hand Delivery
`El Via Express Delivery
`O Via First Class Mail
`1E1 Other:
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN GRAPHICS SYSTEMS,
`COMPONENTS THEREOF, AND
`CONSUMER PRODUCTS
`CONTAINING THE SAME
`
`Investigation No. 337-TA-1044
`
`CEASE AND DESIST ORDER
`
`IT IS HEREBY ORDERED THAT RESPONDENT Sigma Designs, Inc. of Fremont,
`
`California ("Respondent"), cease and desist from conducting any of the following activities in
`
`the United States: importing, selling, marketing, advertising, distributing, transferring (except
`
`for exportation), and soliciting U.S. agents or distributors for, certain graphics systems,
`
`components thereof, and consumer products containing the same covered by claims 1-5 and 8 of
`
`U.S. Patent No. 7,633,506 ("the '506 patent") in violation of section 337 of the Tariff Act of
`
`1930, as amended (19 U.S.C. § 1337).
`
`I.
`Definitions
`
`As used in this Order:
`
`(A)
`
`(B)
`
`"Commission" shall mean the United States International Trade Commission.
`
`"Complainants" shall mean Advanced Micro Devices, Inc. of Sunnyvale,
`
`California, and ATI Technologies ULC of Ontario, Canada.
`
`(C)
`
`"Respondent" shall mean Sigma Designs, Inc. of Fremont, California.
`
`1
`
`
`
`(D)
`
`"Person" shall mean an individual, or any non-governmental partnership, firm,
`
`association, corporation, or other legal or business entity other than Respondent or its majority
`
`owned or controlled subsidiaries, successors, or assigns.
`
`(E)
`
`"United States" shall mean the fifty States, the District of Columbia, and Puerto
`
`Rico.
`
`(F)
`
`The terms "import" and "importation" refer to importation for entry for
`
`consumption under the Customs laws of the United States.
`
`(G)
`
`The term "covered products" shall mean Respondent's graphics systems covered
`
`by one or more of claims 1-5 and 8 of the '506 patent.
`
`Applicability
`
`The provisions of this Cease and Desist Order shall apply to Respondent and to any of its
`
`principals, stockholders, officers, directors, employees, agents, distributors, controlled (whether
`
`by stock ownership or otherwise) and majority-owned business entities, successors, and assigns,
`
`and to each of them insofar as they are engaging in conduct prohibited by section III, infra, for,
`
`with, or otherwise on behalf of, Respondent.
`
`Conduct Prohibited
`
`The following conduct of Respondent in the United States is prohibited by this Order.
`
`For the remaining term of the Asserted Patent, Respondent shall not:
`
`(A)
`
`import or sell for importation into the United States covered products;
`
`(B)
`
`market, distribute, sell, or otherwise transfer (except for exportation), in the
`
`United States imported covered products;
`
`(C)
`
`advertise imported covered products;
`
`2
`
`
`
`(D)
`
`solicit U.S. agents or distributors for imported covered products; or
`
`(E)
`
`aid or abet other entities in the importation, sale for importation, sale after
`
`importation, transfer, or distribution of covered products.
`
`IV.
`Conduct Permitted
`
`Notwithstanding any other provision of this Order, Respondent shall be permitted:
`
`(A)
`
`to engage in specific conduct otherwise prohibited by the terms of this Order if, in
`
`a written instrument, the owner of the Asserted Patent licenses or authorizes such specific
`
`conduct; or
`
`(B)
`
`to engage in specific conduct otherwise prohibited by the terms of this Order if
`
`such specific conduct is related to the importation or sale of covered products by or for the
`
`United States.
`
`V.
`Reporting
`
`For purposes of this requirement, the reporting periods shall commence on January 1 of
`
`each year and shall end on the subsequent December 31. The first report required under this
`
`section shall cover the period from the date of issuance of this Order through December 31,
`
`2018. This reporting requirement shall continue in force until such time as Respondent has
`
`truthfully reported, in two consecutive timely filed reports, that it has no inventory of covered
`
`products in the United States.
`
`Within thirty (30) days of the last day of the reporting period, Respondent shall report to
`
`the Commission: (a) the quantity in units and the value in dollars of covered products that it has
`
`(i) imported and/or (ii) sold in the United States after importation during the reporting period,
`
`3
`
`
`
`and (b) the quantity in units and value in dollars of reported covered products that remain in
`
`inventory in the United States at the end of the reporting period.
`
`When filing written submissions, Respondent must file the original document
`
`electronically on or before the deadlines stated above and submit eight (8) true paper copies to
`
`the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 210.4(f)). Submissions should refer
`
`to the investigation number ("Inv. No. 337-TA-1044") in a prominent place on the cover pages
`
`and/or the first page. (See Handbook on Electronic Filing Procedures,
`
`https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf).
`
`Persons with questions regarding filing should contact the Office of the Secretary (202-205-
`
`2000). If Respondent desires to submit a document to the Commission in confidence, it must file
`
`the original and a public version of the original with the Office of the Secretary and must serve a
`
`copy of the confidential version on Complainants' counsel.'
`
`Any failure to make the required report or the filing of any false or inaccurate report shall
`
`constitute a violation of this Order, and the submission of a false or inaccurate report may be
`
`referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. § 1001.
`
`VI.
`Recordkeeping and Inspection
`
`(A)
`
`For the purpose of securing compliance with this Order, Respondent shall retain
`
`any and all records relating to the sale, offer for sale, marketing, or distribution in the United
`
`States of covered products, made and received in the usual and ordinary course of business,
`
`1 Complainants must file a letter with the Secretary identifying the attorney to receive reports
`associated with this Order. The designated attorney must be on the protective order entered in the
`investigation.
`
`4
`
`
`
`whether in detail or in summary form, for a period of three (3) years from the close of the fiscal
`
`year to which they pertain.
`
`(B)
`
`For the purposes of determining or securing compliance with this Order and for
`
`no other purpose, subject to any privilege recognized by the federal courts of the United States,
`
`and upon reasonable written notice by the Commission or its staff, duly authorized
`
`representatives of the Commission shall be permitted access and the right to inspect and copy, in
`
`Respondent's principal office during office hours, and in the presence of counsel or other
`
`representatives if Respondent so chooses, all books, ledgers, accounts, correspondence,
`
`memoranda, and other records and documents, in detail and in summary form, that must be
`
`retained under subparagraph VI(A) of this Order.
`
`VII.
`Service of Cease and Desist Order
`
`Respondent is ordered and directed to:
`
`(A)
`
`Serve, within fifteen days after the effective date of this Order, a copy of this
`
`Order upon each of its respective officers, directors, managing agents, agents, and employees
`
`who have any responsibility for the importation, marketing, distribution, or sale of imported
`
`covered products in the United States;
`
`(B)
`
`Serve, within fifteen days after the succession of any persons referred to in
`
`subparagraph VII(A) of this Order, a copy of this Order upon each successor; and
`
`(C) Maintain such records as will show the name, title, and address of each person
`
`upon whom the Order has been served, as described in subparagraphs VII( A) and VII(B) of this
`
`Order, together with the date on which service was made.
`
`The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until
`
`the Asserted Patent expires.
`
`5
`
`
`
`VIII.
`Confidentiality
`
`Any request for confidential treatment of information obtained by the Commission
`
`pursuant to sections V-VI of this Order should be made in accordance with section 201.6 of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 201.6). For all reports for which
`
`confidential treatment is sought, Respondent must provide a public version of such report with
`
`confidential information redacted.
`
`IX.
`Enforcement
`
`Violation of this Order may result in any of the actions specified in section 210.75 of the
`
`Commission's Rules of Practice and Procedure (19 C.F.R. § 210.75), including an action for
`
`civil penalties under section 337(f) of the Tariff Act of 1930 (19 U.S.C. § 1337(f)), as well as
`
`any other action that the Commission deems appropriate. In determining whether Respondent is
`
`in violation of this Order, the Commission may infer facts adverse to Respondent if it fails to
`
`provide adequate or timely information.
`
`X.
`Modification
`
`The Commission may amend this Order on its own motion or in accordance with the
`
`procedure described in section 210.76 of the Commission's Rules of Practice and Procedure (19
`
`C.F.R. § 210.76).
`
`XI.
`Bonding
`
`The conduct prohibited by Section III of this Order may be continued during the sixty-
`
`day period in which this Order is under review by the United States Trade Representative, as
`
`delegated by the President (70 FR 43251 (July 21, 2005)), subject to the Respondent's posting of
`
`6
`
`
`
`a bond in the amount of zero (0) percent of the entered value of the covered products. This bond
`
`provision does not apply to conduct that is otherwise permitted by section IV of this Order.
`
`Covered products imported on or after the date of issuance of this Order are subject to the entry
`
`bond set forth in the exclusion order issued by the Commission, and are not subject to this bond
`
`provision.
`
`By order of the Commission.
`
`Issued: August 22, 2018
`
`Lisa R. Barton
`Secretary to the Commission
`
`7
`
`
`
`CERTAIN GRAPHICS SYSTEMS, COMPONENTS
`THEREOF, AND CONSUMER PRODUCTS CONTAINING
`THE SAME
`
`Inv. No. 337-TA4044
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served by hand upon
`the Commission Investigative Attorney, Yoncha L. Kundupoglu, Esq., and the following parties
`as indicated, on 8/22/2018
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants:
`
`Michael T. Renaud, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
`One Financial Center
`Boston, MA 02111
`
`El Via Hand Delivery
`El Via Express Delivery
`El Via First Class Mail
`ID Other:
`
`On Behalf of Respondents VIZIO, Inc.:
`
`Cono A. Carrano, Esq.
`AKIN GUMP STRAUSS HAUER & FELD LLP
`Robert S. Strauss Building
`1333New Hampshire Avenue, NW
`Washington, DC 20036
`
`On Behalf of Respondents MediaTek, Inc., MediaTek USA
`Inc., and Sigma Designs, Inc.:
`
`Tyler T. VanHoutan, Esq.
`MCGUIREWOODS ULF
`600 Travis Street, Suite 7500
`Houston, TX 77002
`
`CI Via Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`CI Other:
`
`111 Via Hand Delivery
`El Via Express Delivery
`El Via First Class Mail
`E1 Other:
`
`
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