In the Matter of Certain Optical Disk Controller Chips and Chipsets and Products Containing Same, Including DVD Players And PC Optical Storage Devices; Notice of Commission Determination To Rescind Remedial Orders, 14544-14545 [E6-4154]
Download as PDF
<![CDATA[
cprice-sewell on PROD1PC70 with NOTICES
14544
Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices
baseband processor chips and chipsets,
transmitter and receiver (radio) chips,
power control chips, and products
containing same, including cellular
telephone handsets by reason of
infringement of certain claims of U.S.
Patent Nos. 6,374,311 (‘‘the ‘311
patent’’), 6,714,983 (‘‘the ‘983 patent’’),
5,682,379 (‘‘the ‘379 patent’’), 6,359,872
(‘‘the ‘872 patent’’), and 6,583,675 (‘‘the
‘675 patent’’). The complainant named
Qualcomm Incorporated (‘‘Qualcomm’’)
of San Diego, California as the only
respondent.
On December 23, 2005, Broadcom
filed a motion for summary
determination that Broadcom satisfied
the economic prong of the domestic
industry requirement under 19 U.S.C.
1337(a)(3)(C) with respect to the ‘311,
‘983, ‘379, ‘872, and ‘675 patents. The
Commission investigative attorney
(‘‘IA’’) supported the motion.
Respondent Qualcomm took no position
with regard to the motion. On January
24, 2006, the ALJ issued an ID (Order
No. 19) granting the motion for
summary determination. No petitions
for review of the ID were filed. On
February 16, 2006, the Commission
determined not to review Order No. 19.
On January 31, 2006, Cellco Partnership
d/b/a Verizon Wireless (‘‘Verizon’’) filed
a motion to intervene in the
investigation. On February 2, 2006, LG
Electronics Mobilecomm U.S.A., Inc.
(‘‘LG’’) filed a motion to intervene. On
February 3, 2006, Motorola, Inc.
(‘‘Motorola’’) and Kyocera Wireless
Corp. (‘‘Kyocera’’) each filed motions to
intervene. On February 8, 2006, Sprint
Nextel Corporation (‘‘Sprint’’) filed a
motion to intervene. On February 10,
2006, Samsung Electronics Co., Ltd.
(‘‘Samsung’’) filed a motion to intervene
for the limited purpose of presenting
evidence relating to remedy.
On February 21, 2006, the ALJ issued
an ID (Order No. 27) granting the
motions of Verizon, LG, Kyocera,
Motorola, Sprint, and Samsung to
intervene for the limited purpose of
presenting evidence related to remedy
and bonding. The ALJ also extended the
target date for completion of the
investigation from September 21, 2006,
to December 21, 2006. No party filed a
petition for review of Order No. 27.
The Commission has determined not
to review Order No. 27.
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
section 210.42 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42).
By order of the Commission.
VerDate Aug<31>2005
14:47 Mar 21, 2006
Jkt 208001
Issued: March 16, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–4125 Filed 3–21–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–506]
In the Matter of Certain Optical Disk
Controller Chips and Chipsets and
Products Containing Same, Including
DVD Players And PC Optical Storage
Devices; Notice of Commission
Determination To Rescind Remedial
Orders
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to rescind
the remedial orders issued in the abovecaptioned investigation.
FOR FURTHER INFORMATION CONTACT:
Clara Kuehn, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3012. Copies of the Commission
orders, the Commission opinion in
support thereof, and all other
nonconfidential documents filed in
connection with this investigation are or
will be 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., Washington, DC 20436,
telephone 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS–
ON–LINE) at https://edis.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 this investigation
on April 14, 2004, based on a complaint
filed on behalf of Zoran Corporation
(‘‘Zoran’’) and Oak Technology, Inc.
(‘‘Oak’’) both of Sunnyvale, California
(collectively ‘‘complainants’’). 69 FR
19876. The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the
United States, the sale for importation,
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
and the sale within the United States
after importation of certain optical disk
controller chips and chipsets and
products containing same, including
DVD players and PC optical storage
devices, by reason of infringement of
claims 1–12 of U.S. Patent No. 6,466,736
(‘‘the ‘736 patent’’), claims 1–3 of U.S.
Patent No. 6,584,527 (‘‘the ‘527 patent’’),
and claims 1–35 of U.S. Patent No.
6,546,440 (‘‘the ‘440 patent’’). Id.
The notice of investigation identified
12 respondents. 69 FR 19876. On June
7, 2004, the presiding administrative
law judge (‘‘ALJ’’) issued an initial
determination (‘‘ID’’) (Order No. 5)
terminating the investigation as to two
respondents on the basis of a consent
order and settlement agreement. On
June 22, 2004, the ALJ issued an ID
(Order No. 7) granting complainants’
motion to amend the complaint and
notice of investigation to add nine
additional respondents. Those IDs were
not reviewed by the Commission.
On December 22, 2004, the ALJ issued
an ID (Order No. 33) granting
complainants’ motion to terminate the
investigation in part with respect to
claims 2–6 and 8–11 of the ‘736 patent
and claims 2–4, 6, 9, 11, 12, 15–18, 20,
and 22–35 of the ‘440 patent. On
January 28, 2005, the ALJ issued an ID
(Order No. 37) granting complainants’
motion to terminate the investigation in
part with respect to claim 12 of the ‘736
patent. Neither ID was reviewed by the
Commission. Thus, at the time that
Order No. 37 issued, the claims
remaining for determination on the
merits were claims 1 and 7 of the ‘736
patent; claims 1, 5, 7, 8, 10, 13, 14, 19,
and 21 of the ‘440 patent; and claims 1–
3 of the ‘527 patent.
An eight-day evidentiary hearing was
held on February 7–12, and 14–15,
2005.
On May 16, 2005, the ALJ issued his
final ID, findings of fact and conclusions
of law, and recommended
determination on remedy and bonding.
The ALJ concluded that there was a
violation of section 337 based on his
findings that: (a) The accused products
infringe claim 3 of the ‘527 patent, (b)
the ‘527 patent is not unenforceable, (c)
claim 3 of the ‘527 patent is not invalid,
and (d) complainants have satisfied the
domestic industry requirement with
respect to the ‘527 patent. Although the
ALJ found that the other asserted claims
of the ‘527 patent (claims 1 and 2) are
not invalid, he found that the accused
products do not infringe those claims.
The ALJ found no violation with respect
to the other patents in issue. He found
that the accused products do not
infringe any asserted claim of the ‘440
or ‘736 patents and that complainants
E:\FR\FM\22MRN1.SGM
22MRN1
cprice-sewell on PROD1PC70 with NOTICES
Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Notices
have not satisfied the domestic industry
requirement with respect to those
patents. He also found that the asserted
claims of the ‘440 and ‘736 patents are
not invalid and that those patents are
not unenforceable.
On May 27, 2005, complainants and
nineteen respondents each petitioned
for review of portions of the final ID. On
July 19, 2005, the Commission
determined to review the ID in part. 70
FR 42589–91. Specifically, the
Commission determined to review the
ID’s findings of fact and conclusions of
law with respect to the ‘527 and ‘440
patents. Id. The Commission
determined not to review the ID’s
findings of fact and conclusions of law
with respect to the ‘736 patent, thereby
adopting them. Id. Accordingly, the
Commission found no violation of
section 337 with respect to the ‘736
patent. Id. The Commission also
determined to review and modify the ID
to clarify that respondents accused of
infringing only the asserted claims of
the ‘736 patent (viz., respondents
Audiovox Corporation; Initial
Technology, Inc.; Mintek Digital, Inc.;
Shinco International AV Co., Ltd.;
Changzhou Shinco Digital Technology
Co., Ltd.; Jiangsu Shinco Electronic
Group Co., Ltd.; Terapin Technology
Pte., Ltd. [formerly known as Teraoptix
d/b/a Terapin Technology] of Singapore;
and Terapin Technology U.S. [formerly
also known as Teraoptix]) are not in
violation of section 337. Id.
On review, the Commission
determined that there was a violation of
section 337 as to claim 3 of the ‘527
patent, but no violation of the statute as
to the remaining claims in issue of the
‘527 patent (viz., claims 1 and 2) and no
violation as to the claims in issue of the
‘440 patent (viz., claims 1, 5, 7, 8, 10,
13, 14, 19, and 21). 70 FR 57620. On
September 28, 2005, the Commission
determined that the appropriate form of
relief is a limited exclusion order
prohibiting the unlicensed entry of
chips or chipsets covered by claim 3 of
the ‘527 patent manufactured abroad or
imported by or on behalf of MediaTek,
Inc. of Hsin-Chu City, Taiwan, and
optical storage devices containing such
covered chips or chipsets that are
manufactured abroad or imported by or
on behalf of Artronix Technology, Inc.
of Brea, California; ASUSTek Computer,
Inc. of Taipei, Taiwan; ASUS Computer
International of Fremont, California;
MSI Computer Corporation of City of
Industry, California; TEAC America Inc.
of Montebello, California; EPO Science
and Technology, Inc. of Taipei, Taiwan;
LITE-ON Information Technology Corp.
of Taipei, Taiwan; Micro-Star
International Co., Ltd. of Taipei Hsien,
VerDate Aug<31>2005
14:47 Mar 21, 2006
Jkt 208001
Taiwan; TEAC Corp. of Tokyo, Japan; or
Ultima Electronics Corp. of Taipei
Hsien, Taiwan (collectively, with
MediaTek, Inc. ‘‘respondents’’). Id. The
Commission also determined to issue
cease and desist orders directed to
Artronix Technology, Inc.; ASUSTek
Computer, Inc.; ASUS Computer
International; MSI Computer
Corporation; TEAC America Inc.; EPO
Science and Technology, Inc.; and
LITE–ON Information Technology Corp.
Id.
On February 10, 2006, complainants
Zoran and Oak and respondent
MediaTek filed, pursuant to 19 U.S.C.
1337(k) and Commission rule 210.76(a)
(19 CFR 210.76(a)), a joint petition for
rescission of the limited exclusion order
and the cease and desist orders issued
in the investigation based on a
settlement agreement that resolves the
underlying dispute between all of the
parties, including all of the other
respondents. On February 22, 2006, the
Commission investigative attorney filed
a response supporting the joint petition.
Having reviewed the parties’
submissions, the Commission has
determined that the settlement
agreement satisfies the requirement of
Commission rule 210.76(a)(1), 19 CFR
210.76(a)(1), for changed conditions of
fact or law. The Commission therefore
has issued an order rescinding the
remedial orders previously issued in
this investigation.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930 (19 U.S.C. 1337) and
§ 210.76(a)(1) of the Commission’s Rules
of Practice and Procedure (19 CFR
210.76(a)(1)).
By order of the Commission.
Issued: March 17, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–4154 Filed 3–21–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–564]
In the Matter of Certain Voltage
Regulators, Components Thereof and
Products Containing Same; Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
14545
February 17, 2006, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Linear
Technology Corporation of Milpitas,
California. Letters supplementing the
complaint were filed on March 13 and
14, 2006. The complaint, as
supplemented, alleges violations of
section 337 in the importation into the
United States, the sale for importation,
and the sale within the United States
after importation of certain voltage
regulators, components thereof and
products containing same by reason of
infringement of claims 1–14 and 23–35
of U.S. Patent No. 6,411,531 and claims
1–19, 31, 34, and 35 of U.S. Patent No.
6,580,258. 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 a
permanent exclusion order and a cease
and desist order.
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
202–205–2000. 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 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:
David Hollander, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone 202–205–
2746.
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in § 210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2005).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
March 16, 2006, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Notices]
[Pages 14544-14545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4154]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-506]
In the Matter of Certain Optical Disk Controller Chips and
Chipsets and Products Containing Same, Including DVD Players And PC
Optical Storage Devices; Notice of Commission Determination To Rescind
Remedial Orders
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to rescind the remedial orders issued in the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Clara Kuehn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3012. Copies of the
Commission orders, the Commission opinion in support thereof, and all
other nonconfidential documents filed in connection with this
investigation are or will be 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., Washington, DC
20436, telephone 202-205-2000.
General information concerning the Commission may also be obtained
by accessing its Internet server (https://www.usitc.gov). The public
record for this investigation may be viewed on the Commission's
electronic docket (EDIS-ON-LINE) at https://edis.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 this investigation
on April 14, 2004, based on a complaint filed on behalf of Zoran
Corporation (``Zoran'') and Oak Technology, Inc. (``Oak'') both of
Sunnyvale, California (collectively ``complainants''). 69 FR 19876. The
complaint, as supplemented, alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into
the United States, the sale for importation, and the sale within the
United States after importation of certain optical disk controller
chips and chipsets and products containing same, including DVD players
and PC optical storage devices, by reason of infringement of claims 1-
12 of U.S. Patent No. 6,466,736 (``the `736 patent''), claims 1-3 of
U.S. Patent No. 6,584,527 (``the `527 patent''), and claims 1-35 of
U.S. Patent No. 6,546,440 (``the `440 patent''). Id.
The notice of investigation identified 12 respondents. 69 FR 19876.
On June 7, 2004, the presiding administrative law judge (``ALJ'')
issued an initial determination (``ID'') (Order No. 5) terminating the
investigation as to two respondents on the basis of a consent order and
settlement agreement. On June 22, 2004, the ALJ issued an ID (Order No.
7) granting complainants' motion to amend the complaint and notice of
investigation to add nine additional respondents. Those IDs were not
reviewed by the Commission.
On December 22, 2004, the ALJ issued an ID (Order No. 33) granting
complainants' motion to terminate the investigation in part with
respect to claims 2-6 and 8-11 of the `736 patent and claims 2-4, 6, 9,
11, 12, 15-18, 20, and 22-35 of the `440 patent. On January 28, 2005,
the ALJ issued an ID (Order No. 37) granting complainants' motion to
terminate the investigation in part with respect to claim 12 of the
`736 patent. Neither ID was reviewed by the Commission. Thus, at the
time that Order No. 37 issued, the claims remaining for determination
on the merits were claims 1 and 7 of the `736 patent; claims 1, 5, 7,
8, 10, 13, 14, 19, and 21 of the `440 patent; and claims 1-3 of the
`527 patent.
An eight-day evidentiary hearing was held on February 7-12, and 14-
15, 2005.
On May 16, 2005, the ALJ issued his final ID, findings of fact and
conclusions of law, and recommended determination on remedy and
bonding. The ALJ concluded that there was a violation of section 337
based on his findings that: (a) The accused products infringe claim 3
of the `527 patent, (b) the `527 patent is not unenforceable, (c) claim
3 of the `527 patent is not invalid, and (d) complainants have
satisfied the domestic industry requirement with respect to the `527
patent. Although the ALJ found that the other asserted claims of the
`527 patent (claims 1 and 2) are not invalid, he found that the accused
products do not infringe those claims. The ALJ found no violation with
respect to the other patents in issue. He found that the accused
products do not infringe any asserted claim of the `440 or `736 patents
and that complainants
[[Page 14545]]
have not satisfied the domestic industry requirement with respect to
those patents. He also found that the asserted claims of the `440 and
`736 patents are not invalid and that those patents are not
unenforceable.
On May 27, 2005, complainants and nineteen respondents each
petitioned for review of portions of the final ID. On July 19, 2005,
the Commission determined to review the ID in part. 70 FR 42589-91.
Specifically, the Commission determined to review the ID's findings of
fact and conclusions of law with respect to the `527 and `440 patents.
Id. The Commission determined not to review the ID's findings of fact
and conclusions of law with respect to the `736 patent, thereby
adopting them. Id. Accordingly, the Commission found no violation of
section 337 with respect to the `736 patent. Id. The Commission also
determined to review and modify the ID to clarify that respondents
accused of infringing only the asserted claims of the `736 patent
(viz., respondents Audiovox Corporation; Initial Technology, Inc.;
Mintek Digital, Inc.; Shinco International AV Co., Ltd.; Changzhou
Shinco Digital Technology Co., Ltd.; Jiangsu Shinco Electronic Group
Co., Ltd.; Terapin Technology Pte., Ltd. [formerly known as Teraoptix
d/b/a Terapin Technology] of Singapore; and Terapin Technology U.S.
[formerly also known as Teraoptix]) are not in violation of section
337. Id.
On review, the Commission determined that there was a violation of
section 337 as to claim 3 of the `527 patent, but no violation of the
statute as to the remaining claims in issue of the `527 patent (viz.,
claims 1 and 2) and no violation as to the claims in issue of the `440
patent (viz., claims 1, 5, 7, 8, 10, 13, 14, 19, and 21). 70 FR 57620.
On September 28, 2005, the Commission determined that the appropriate
form of relief is a limited exclusion order prohibiting the unlicensed
entry of chips or chipsets covered by claim 3 of the `527 patent
manufactured abroad or imported by or on behalf of MediaTek, Inc. of
Hsin-Chu City, Taiwan, and optical storage devices containing such
covered chips or chipsets that are manufactured abroad or imported by
or on behalf of Artronix Technology, Inc. of Brea, California; ASUSTek
Computer, Inc. of Taipei, Taiwan; ASUS Computer International of
Fremont, California; MSI Computer Corporation of City of Industry,
California; TEAC America Inc. of Montebello, California; EPO Science
and Technology, Inc. of Taipei, Taiwan; LITE-ON Information Technology
Corp. of Taipei, Taiwan; Micro-Star International Co., Ltd. of Taipei
Hsien, Taiwan; TEAC Corp. of Tokyo, Japan; or Ultima Electronics Corp.
of Taipei Hsien, Taiwan (collectively, with MediaTek, Inc.
``respondents''). Id. The Commission also determined to issue cease and
desist orders directed to Artronix Technology, Inc.; ASUSTek Computer,
Inc.; ASUS Computer International; MSI Computer Corporation; TEAC
America Inc.; EPO Science and Technology, Inc.; and LITE-ON Information
Technology Corp. Id.
On February 10, 2006, complainants Zoran and Oak and respondent
MediaTek filed, pursuant to 19 U.S.C. 1337(k) and Commission rule
210.76(a) (19 CFR 210.76(a)), a joint petition for rescission of the
limited exclusion order and the cease and desist orders issued in the
investigation based on a settlement agreement that resolves the
underlying dispute between all of the parties, including all of the
other respondents. On February 22, 2006, the Commission investigative
attorney filed a response supporting the joint petition.
Having reviewed the parties' submissions, the Commission has
determined that the settlement agreement satisfies the requirement of
Commission rule 210.76(a)(1), 19 CFR 210.76(a)(1), for changed
conditions of fact or law. The Commission therefore has issued an order
rescinding the remedial orders previously issued in this investigation.
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) and Sec. 210.76(a)(1) of the
Commission's Rules of Practice and Procedure (19 CFR 210.76(a)(1)).
By order of the Commission.
Issued: March 17, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-4154 Filed 3-21-06; 8:45 am]
BILLING CODE 7020-02-P
