In the Matter of Certain Audio Processing Integrated Circuits and Products Containing Same; Notice of Commission Decision To Review Portions of an Initial Determination Finding a Violation of Section 337 of the Tariff Act of 1930 and To Deny Respondent's Motion for Leave To File a Reply to the Responses to Respondent's Petition for Review, 27512-27513 [E6-7153]
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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices
a known Native American individual
who controlled this cultural item.
Any other lineal descendant or
representatives of any other Indian tribe
that believes itself to be culturally
affiliated with the sacred object should
contact Marcia G. Anderson, NAGPRA
Representative, Minnesota Historical
Society, 345 Kellogg Boulevard West, St.
Paul, MN 55102, telephone (651) 296–
0150, before June 12, 2006. Repatriation
of the sacred object to Mr. Ernest
Wabasha (Wabasha VI) may proceed
after that date if no additional claimants
come forward.
Minnesota Historical Society is
responsible for notifying Kathy Ferdig,
Jeanine Hutter, Vera Hutter, Yvonne
Hutter, Ernestine Ryan-Wabasha,
Cheyanne St. John, Forrest St. John,
Elroy Wabasha, Ernest Wabasha
(Wabasha VI), Joseph Wabasha, Leonard
Wabasha, Theresa Wabasha, Winona
Wabasha, Lower Sioux Indian
Community in the State of Minnesota,
and Santee Sioux Nation, Nebraska that
this notice has been published.
Dated: May 1, 2006
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E6–7200 Filed 5–10–06; 8:45 am]
BILLING CODE 4312–50–S
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–538]
In the Matter of Certain Audio
Processing Integrated Circuits and
Products Containing Same; Notice of
Commission Decision To Review
Portions of an Initial Determination
Finding a Violation of Section 337 of
the Tariff Act of 1930 and To Deny
Respondent’s Motion for Leave To File
a Reply to the Responses to
Respondent’s Petition for Review
U.S. International Trade
Commission.
ACTION: Notice.
cchase on PROD1PC60 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to review
certain portions of a final initial
determination (‘‘ID’’) of the presiding
administrative law judge (‘‘ALJ’’)
finding a violation of section 337 of the
Tariff Act of 1930, as amended, in the
above-captioned investigation. The
Commission has also denied
respondent’s motion for leave to file a
reply in support of its petition for
review.
FOR FURTHER INFORMATION CONTACT:
Steven W. Crabb, Esq., Office of the
VerDate Aug<31>2005
16:29 May 10, 2006
Jkt 208001
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. Copies of the public version
of the ALJ’s ID 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 18, 2005, based on a complaint
filed on behalf of SigmaTel, Inc.
(‘‘complainant’’) of Austin, Texas. 70 FR
20172. The complaint alleged violations
of section 337 in the importation into
the United States, sale for importation,
and sale within the United States after
importation of certain audio processing
integrated circuits and products
containing same by reason of
infringement of claim 10 of U.S. Patent
No. 6,137,279 (‘‘the ‘279 patent’’) and
claim 13 of U.S. Patent No. 6,633,187
(‘‘the ‘187 patent’’). Id. The notice of
investigation named Actions
Semiconductor Co. of Guangdong,
China (‘‘Actions’’) as the only
respondent.
On June 9, 2005, the ALJ issued an ID
(Order No. 5) granting complainant’s
motion to amend the complaint and
notice of investigation to add allegations
of infringement of the previously
asserted patents and to add an allegation
of a violation of section 337 by reason
of infringement of claims 1, 6, 9, and 13
of U.S. Patent No. 6,366,522 (‘‘the ‘522
patent’’). That ID was not reviewed by
the Commission.
On October 13, 2005, the ALJ issued
an ID (Order No. 9) granting
complainant’s motion to terminate the
investigation as to the ‘279 patent. On
October 31, 2005, the Commission
determined not to review the ID.
On October 31, 2005, the ALJ issued
an ID (Order No. 14) granting
complainant’s motion for summary
determination that the importation
requirement of section 337 has been
satisfied. On November 1, 2005, the ALJ
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
issued an ID (Order No. 15) granting
complainant’s motion for summary
determination that complainant has
satisfied the economic prong of the
domestic industry requirement of
section 337 for the patents in issue.
Those IDs were not reviewed by the
Commission.
A five-day evidentiary hearing was
held from November 29, 2005, through
December 3, 2005. On March 20, 2006,
the ALJ issued his final ID and
recommended determination on remedy
and bonding. The ALJ concluded that
there was a violation of section 337.
Specifically, he found that claim 13 of
the ‘187 patent was valid and infringed
by Actions’ accused product families
207X, 208X, and 209X. The ALJ also
determined that claims 1, 6, 9, and 13
of the ‘522 patent were valid and
infringed by Actions’ accused product
families 208X and 209X.
On April 3, 2006, respondent Actions
petitioned for review of portions of the
final ID. On April 10, 2006, complainant
SigmaTel and the Commission
investigative attorney (‘‘IA’’) filed
responses in opposition to the petition
for review.
On April 17, 2006, respondent
Actions filed a motion for leave to file
a reply to complainant SigmaTel’s
response to Actions’ petition for review.
On April 19, 2006, complainant
SigmaTel filed a motion in opposition to
Actions’ motion. The Commission has
determined to deny Actions’ motion for
leave to file a reply.
Having examined the record in this
investigation, including the ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the ID in part:
(1) With respect to the ‘187 patent, the
Commission has determined to review
the ALJ’s construction of the claim term
‘‘memory’’ in claim 13 to remove the
apparent inadvertent inclusion of the
word ‘‘firmware’’ from his claim
construction.
(2) With respect to the ‘522 patent, the
Commission has determined to review
the ALJ’s construction of the following
limitation of claims 1 and 9: ‘‘Produce
the system clock control signal and
power supply control signal based on a
processing transfer characteristic of the
computation engine.’’ The Commission
has also determined to review the ALJ’s
findings of fact and conclusions of law
concerning infringement of claims 1, 6,
9, and 13 of the ‘522 patent by the
accused Actions chips, and to review
the ALJ’s findings of fact and
conclusions of law concerning whether
SigmaTel’s chips satisfy the technical
prong of the domestic industry
E:\FR\FM\11MYN1.SGM
11MYN1
cchase on PROD1PC60 with NOTICES
Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices
requirement of section 337 in regard to
the ‘522 patent.
The Commission has determined not
to review the remainder of the ID.
On review, the Commission requests
briefing based on the evidentiary record
on all issues under review. In particular,
the Commission requests that the parties
brief the following questions, with all
answers supported by citations to legal
authority and the evidentiary record:
1. Does Federal Circuit case law
support reference to the specification of
the patent to vary the plain meaning of
a claim term that is a simple English
word such as ‘‘and?’’ See e.g. Phillips v.
AWH Corporation, 415 F.3d 1303, 1314
(Fed. Cir. 2005); Chef America, Inc. v.
Lamb-Weston, Inc., 358 F.3d 1371, 1373
(Fed. Cir. 2004).
2. Please discuss the impact on the
ALJ’s infringement analysis if the claim
term ‘‘produce the system clock control
signal and power supply control signal
based on a processing transfer
characteristic of the computation
engine’’ in claims 1 and 9 of the ‘522
patent is interpreted to require that both
the frequency and voltage must be
adjusted.
3. Please discuss the impact on the
ALJ’s analysis of the technical prong of
the domestic industry requirement in
this investigation if the claim term
‘‘produce the system clock control
signal and power supply control signal
based on a processing transfer
characteristic of the computation
engine’’ in claim 1 of the ‘522 patent is
interpreted to mean that both the
frequency and voltage must be adjusted.
In connection with the final
disposition of this investigation, the
Commission may issue (1) an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) cease and
desist orders that could result in
respondents being required to cease and
desist from engaging in unfair acts in
the importation and sale of such
articles. Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or are likely to do so. For
background information, see the
Commission Opinion, In the Matter of
Certain Devices for Connecting
Computers via Telephone Lines, Inv.
No. 337–TA–360.
VerDate Aug<31>2005
16:29 May 10, 2006
Jkt 208001
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the President has 60 days to
approve or disapprove the
Commission’s action. During this
period, the subject articles would be
entitled to enter the United States under
a bond, in an amount to be determined
by the Commission and prescribed by
the Secretary of the Treasury. The
Commission is therefore interested in
receiving submissions concerning the
amount of the bond that should be
imposed.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issues under
review. The submission should be
concise and thoroughly referenced to
the record in this investigation,
including references to exhibits and
testimony. Additionally, the parties to
the investigation, interested government
agencies, and any other interested
persons are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the ALJ’s
March 20, 2006, recommended
determination on remedy and bonding.
Complainant and the Commission
investigative attorney are also requested
to submit proposed remedial orders for
the Commission’s consideration.
Complainant is requested to supply the
expiration dates of the patents at issue
and the HTSUS numbers under which
the accused products are imported. The
written submissions and proposed
remedial orders must be filed no later
than the close of business on May 15,
2006. Reply submissions must be filed
no later than the close of business on
May 22, 2006. No further submissions
will be permitted unless otherwise
ordered by the Commission.
Persons filing written submissions
must file with the Office of the Secretary
the original and 12 true copies thereof
on or before the deadlines stated above.
Any person desiring to submit a
document (or portion thereof) to the
Commission in confidence must request
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
27513
confidential treatment unless the
information has already been granted
such treatment during the proceedings.
All such requests should be directed to
the Secretary of the Commission and
must include a full statement of the
reasons why the Commission should
grant such treatment. See 19 CFR 201.6.
Documents for which confidential
treatment is granted by the Commission
will be treated accordingly. All
nonconfidential written submissions
will be available for public inspection at
the Office of the Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and in sections 210.42–.46 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.42–.46).
Issued: May 5, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–7153 Filed 5–10–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–344, 391–A,
392–A and C, 393–A, 394–A, 396, and 399–
A (Second Review)]
Certain Bearings From China, France,
Germany, Italy, Japan, Singapore, and
the United Kingdom
United States International
Trade Commission.
ACTION: Revised schedule for the subject
five-year reviews.
AGENCY:
DATES:
Effective Date: May 4, 2006.
FOR FURTHER INFORMATION CONTACT:
Debra Baker (202–205–3180), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (https://
www.usitc.gov). The public record for
these reviews may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: On
October 12, 2005, the Commission
established its schedule for the conduct
of the subject five-year reviews (70 FR
E:\FR\FM\11MYN1.SGM
11MYN1
]]>Agencies
[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27512-27513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7153]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-538]
In the Matter of Certain Audio Processing Integrated Circuits and
Products Containing Same; Notice of Commission Decision To Review
Portions of an Initial Determination Finding a Violation of Section 337
of the Tariff Act of 1930 and To Deny Respondent's Motion for Leave To
File a Reply to the Responses to Respondent's Petition for Review
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review certain portions of a final initial
determination (``ID'') of the presiding administrative law judge
(``ALJ'') finding a violation of section 337 of the Tariff Act of 1930,
as amended, in the above-captioned investigation. The Commission has
also denied respondent's motion for leave to file a reply in support of
its petition for review.
FOR FURTHER INFORMATION CONTACT: Steven W. Crabb, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. Copies of the
public version of the ALJ's ID 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 18, 2005, based on a complaint filed on behalf of SigmaTel,
Inc. (``complainant'') of Austin, Texas. 70 FR 20172. The complaint
alleged violations of section 337 in the importation into the United
States, sale for importation, and sale within the United States after
importation of certain audio processing integrated circuits and
products containing same by reason of infringement of claim 10 of U.S.
Patent No. 6,137,279 (``the `279 patent'') and claim 13 of U.S. Patent
No. 6,633,187 (``the `187 patent''). Id. The notice of investigation
named Actions Semiconductor Co. of Guangdong, China (``Actions'') as
the only respondent.
On June 9, 2005, the ALJ issued an ID (Order No. 5) granting
complainant's motion to amend the complaint and notice of investigation
to add allegations of infringement of the previously asserted patents
and to add an allegation of a violation of section 337 by reason of
infringement of claims 1, 6, 9, and 13 of U.S. Patent No. 6,366,522
(``the `522 patent''). That ID was not reviewed by the Commission.
On October 13, 2005, the ALJ issued an ID (Order No. 9) granting
complainant's motion to terminate the investigation as to the `279
patent. On October 31, 2005, the Commission determined not to review
the ID.
On October 31, 2005, the ALJ issued an ID (Order No. 14) granting
complainant's motion for summary determination that the importation
requirement of section 337 has been satisfied. On November 1, 2005, the
ALJ issued an ID (Order No. 15) granting complainant's motion for
summary determination that complainant has satisfied the economic prong
of the domestic industry requirement of section 337 for the patents in
issue. Those IDs were not reviewed by the Commission.
A five-day evidentiary hearing was held from November 29, 2005,
through December 3, 2005. On March 20, 2006, the ALJ issued his final
ID and recommended determination on remedy and bonding. The ALJ
concluded that there was a violation of section 337. Specifically, he
found that claim 13 of the `187 patent was valid and infringed by
Actions' accused product families 207X, 208X, and 209X. The ALJ also
determined that claims 1, 6, 9, and 13 of the `522 patent were valid
and infringed by Actions' accused product families 208X and 209X.
On April 3, 2006, respondent Actions petitioned for review of
portions of the final ID. On April 10, 2006, complainant SigmaTel and
the Commission investigative attorney (``IA'') filed responses in
opposition to the petition for review.
On April 17, 2006, respondent Actions filed a motion for leave to
file a reply to complainant SigmaTel's response to Actions' petition
for review. On April 19, 2006, complainant SigmaTel filed a motion in
opposition to Actions' motion. The Commission has determined to deny
Actions' motion for leave to file a reply.
Having examined the record in this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review the ID in part:
(1) With respect to the `187 patent, the Commission has determined
to review the ALJ's construction of the claim term ``memory'' in claim
13 to remove the apparent inadvertent inclusion of the word
``firmware'' from his claim construction.
(2) With respect to the `522 patent, the Commission has determined
to review the ALJ's construction of the following limitation of claims
1 and 9: ``Produce the system clock control signal and power supply
control signal based on a processing transfer characteristic of the
computation engine.'' The Commission has also determined to review the
ALJ's findings of fact and conclusions of law concerning infringement
of claims 1, 6, 9, and 13 of the `522 patent by the accused Actions
chips, and to review the ALJ's findings of fact and conclusions of law
concerning whether SigmaTel's chips satisfy the technical prong of the
domestic industry
[[Page 27513]]
requirement of section 337 in regard to the `522 patent.
The Commission has determined not to review the remainder of the
ID.
On review, the Commission requests briefing based on the
evidentiary record on all issues under review. In particular, the
Commission requests that the parties brief the following questions,
with all answers supported by citations to legal authority and the
evidentiary record:
1. Does Federal Circuit case law support reference to the
specification of the patent to vary the plain meaning of a claim term
that is a simple English word such as ``and?'' See e.g. Phillips v. AWH
Corporation, 415 F.3d 1303, 1314 (Fed. Cir. 2005); Chef America, Inc.
v. Lamb-Weston, Inc., 358 F.3d 1371, 1373 (Fed. Cir. 2004).
2. Please discuss the impact on the ALJ's infringement analysis if
the claim term ``produce the system clock control signal and power
supply control signal based on a processing transfer characteristic of
the computation engine'' in claims 1 and 9 of the `522 patent is
interpreted to require that both the frequency and voltage must be
adjusted.
3. Please discuss the impact on the ALJ's analysis of the technical
prong of the domestic industry requirement in this investigation if the
claim term ``produce the system clock control signal and power supply
control signal based on a processing transfer characteristic of the
computation engine'' in claim 1 of the `522 patent is interpreted to
mean that both the frequency and voltage must be adjusted.
In connection with the final disposition of this investigation, the
Commission may issue (1) an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
cease and desist orders that could result in respondents being required
to cease and desist from engaging in unfair acts in the importation and
sale of such articles. Accordingly, the Commission is interested in
receiving written submissions that address the form of remedy, if any,
that should be ordered. If a party seeks exclusion of an article from
entry into the United States for purposes other than entry for
consumption, the party should so indicate and provide information
establishing that activities involving other types of entry either are
adversely affecting it or are likely to do so. For background
information, see the Commission Opinion, In the Matter of Certain
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360.
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the President has 60
days to approve or disapprove the Commission's action. During this
period, the subject articles would be entitled to enter the United
States under a bond, in an amount to be determined by the Commission
and prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues under review. The submission
should be concise and thoroughly referenced to the record in this
investigation, including references to exhibits and testimony.
Additionally, the parties to the investigation, interested government
agencies, and any other interested persons are encouraged to file
written submissions on the issues of remedy, the public interest, and
bonding. Such submissions should address the ALJ's March 20, 2006,
recommended determination on remedy and bonding. Complainant and the
Commission investigative attorney are also requested to submit proposed
remedial orders for the Commission's consideration. Complainant is
requested to supply the expiration dates of the patents at issue and
the HTSUS numbers under which the accused products are imported. The
written submissions and proposed remedial orders must be filed no later
than the close of business on May 15, 2006. Reply submissions must be
filed no later than the close of business on May 22, 2006. No further
submissions will be permitted unless otherwise ordered by the
Commission.
Persons filing written submissions must file with the Office of the
Secretary the original and 12 true copies thereof on or before the
deadlines stated above. Any person desiring to submit a document (or
portion thereof) to the Commission in confidence must request
confidential treatment unless the information has already been granted
such treatment during the proceedings. All such requests should be
directed to the Secretary of the Commission and must include a full
statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
is granted by the Commission will be treated accordingly. All
nonconfidential written submissions will be available for public
inspection at the Office of the Secretary.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR
210.42-.46).
Issued: May 5, 2006.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-7153 Filed 5-10-06; 8:45 am]
BILLING CODE 7020-02-P
