In the Matter of Certain Digital Processors and Digital Processing Systems, Components Thereof, and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Motion To Amend the Complaint and Notice of Investigation, 21040-21041 [E6-6079]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)]
[Notices]
[Pages 21040-21041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6079]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-559]


In the Matter of Certain Digital Processors and Digital 
Processing Systems, Components Thereof, and Products Containing Same; 
Notice of Commission Decision Not To Review an Initial Determination 
Granting Complainant's Motion To Amend the Complaint and Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') 
granting complainant's motion to amend the complaint and notice of 
investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential 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 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. 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: This investigation was instituted on January 
9, 2006, based on a complaint filed by Biax Corporation (``Biax'') of 
Boulder, Colorado. The complaint alleges violations of section 337 of 
the Tariff Act of 1930 (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 digital processors or digital 
processing systems, components thereof, or products containing the same 
by reason of infringement of various claims of United States Patent 
Nos. 5,021,945, 5,517,628, and 6,253,313. The complaint originally 
named four respondents: Philips Semiconductors B.V. of the Netherlands; 
Philips Consumer Electronics Services B.V. of the Netherlands; Philips 
Consumer Electronics North America Corp. of Atlanta, Georgia; and 
2Wire, Inc. of San Jose, California. Biax previously amended the 
complaint and notice of investigation in order to remove respondent 
Philips Consumer Electronics North America Corp. and to add Philips 
Electronics North America Corp. 71 FR 17136 (April 5, 2006).
    On March 9, 2006, Biax moved to amend the complaint and notice of 
investigation in order to remove respondent Philips Consumer 
Electronics Services B.V. and to add Philips Semiconductors, Inc. of 
San Jose, California, and Philips Consumer Electronics B.V. of the 
Netherlands. Biax stated that it had recently learned that Philips 
Consumer Electronics Services B.V. is a dormant entity that has not 
imported into the United States, sold, or offered for sale any of the 
accused products. In addition, Biax stated that it had recently learned 
that Philips Semiconductors, Inc. imports and sells the accused 
products in the United States and that Philips Consumer Electronics 
B.V. manufactures consumer products that contain the accused products 
and sells them in the United States. None of the current respondents 
nor the Commission investigative attorney opposed Biax's motion.
    On March 27, 2006, the ALJ issued an ID granting Biax's motion to 
amend the complaint and notice of investigation. The ALJ found that, 
pursuant to Commission Rule 210.14(b)(1) (19 CFR 210.14(b)(1)), there 
was good cause to amend the complaint and notice of investigation in 
order to remove respondent Philips Consumer Electronics Services B.V. 
and to add Philips Semiconductors, Inc. and Philips Consumer 
Electronics B.V. No petitions for review of the ID were filed. Having 
examined the record of this investigation, the Commission has 
determined not to review the ALJ's ID.
    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).


[[Page 21041]]


    Issued: April 18, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-6079 Filed 4-21-06; 8:45 am]
BILLING CODE 7020-02-P