In the Matter of Certain Personal Computers, Monitors, and Components Thereof; Notice of Decision Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement, 39689 [E6-11026]

Download as PDF sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Notices Internet server (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 by the Commission on June 7, 2004, based on a complaint filed by Hewlett-Packard Company of Palo Alto, California (‘‘HP’’) under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337.69 FR 31844. The complainant alleged violations of section 337 in the importation and sale of certain personal computers, monitors, and components thereof, by reason of infringement of seven U.S. patents. HP named Gateway, Inc. of Poway, California (‘‘Gateway’’) as the sole respondent. On August 8, 2005, the ALJ issued a final ID on violation and his recommended determinations on remedy and bonding. Claim 1 of U.S. Patent No. 5,737,604, claims 1, 3–4, 6– 8, 18, 20–21, 23–25, 35, 37, 38, and 40– 42 of U.S. Patent No. 6,138,184 (‘‘the ‘184 patent’’), claim 9 of U.S. Patent No. 5,892,976 (‘‘ ‘976 patent’’), and claim 1 of U.S. Patent No. 6,085,318 (‘‘the ‘318 patent’’) remained at issue in this investigation when the ALJ issued his final ID. On October 20, 2005, the Commission determined to review the final ID in its entirety. 70 FR 61157 (October 20, 2005). On December 8, 2005, the Commission issued notice that it had determined to reverse the ALJ’s finding of literal infringement with respect to claims 7, 24, and 41 of the ‘184 patent and claim 9 of the ‘976 patent, and to remand the investigation to the ALJ for additional findings concerning infringement under the doctrine of equivalents and a determination of whether the technical prong of the domestic industry requirement of section 337 had been met for the ‘184 and ‘976 patents. The Commission also determined to vacate that portion of the ID which concerned infringement of claim 1 of the ‘318 patent under the doctrine of equivalents. The Commission determined to affirm the remainder of the ID. On April 28, 2006, the ALJ issued an ID (Order No. 49) extending the target date for completion of the investigation to August 21, 2006. The Commission determined not to review Order No. 49. On May 25, 2006, the private parties filed a joint motion to terminate the investigation on the basis of a settlement VerDate Aug<31>2005 20:35 Jul 12, 2006 Jkt 208001 agreement. On June 13, 2006, the Commission investigative attorney riled a response in support of the parties’ joint motion to terminate the investigation. On June 20, 2006, the ALJ issued an ID (Order No. 50) granting the joint motion to terminate the investigation on the basis of the settlement agreement. No party filed a petition to review the subject ID. The Commission has determined not to review the ALJ’s ID. Accordingly, the above-referenced investigation is hereby terminated. 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 210.21(b), and 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.21, 210.42). By order of the Commission. Issued: July 7, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 06–6183 Filed 7–12–06; 8:45am] BILLING CODE 7020–02–M INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–547] In the Matter of Certain Personal Computers, Monitors, and Components Thereof; Notice of Decision Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based on a Settlement Agreement U.S. International Trade Commission. ACTION: Notice. AGENCY: 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’’) on June 19, 2006, granting the joint motion to terminate the above-captioned investigation based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 205–3115. Copies of the public version of the ID and all 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 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 39689 Street, SW., Washington, DC 20436, telephone 202–205–2000. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. 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) at https://edis.usitc.gov. On August 10, 2005, the Commission instituted an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on a complaint filed by Hewlett-Packard Development Company, L.P., of Houston, Texas, and Hewlett-Packard Company of Palo Alto, California (collectively, ‘‘HP’’) alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain personal computers, monitors, and components thereof by reason of infringement of claims 4, 7–8, 12, 15, and 18 of U.S. Patent No. 6,501,721; claims 1–17 of U.S. Patent No. 6,691,236; claims 1–26 of U.S. Patent No. 6,438,697; claims 1–8 and 23–33 of U.S. Patent No. 6,894,706; and claims 1– 33 of U.S. Patent No. 6,803,865. 70 FR 46544 (August 10, 2005). The complainant named Gateway, Inc. and eMachines, Inc., both of Irvine, California (collectively, ‘‘Gateway’’) as respondents. On May 25, 2006, HP and Gateway filed a joint motion for termination of the investigation based on a settlement agreement. On June 13, 2006, the Commission investigative attorney filed her response in support of the motion. On June 19, 2006, the presiding ALJ issued an ID (Order No. 13) granting the joint motion. No party petitioned for review of the ALJ’s ID. The Commission has determined not to review the ALJ’s ID. Accordingly, the investigation is terminated. 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). SUPPLEMENTARY INFORMATION: By order of the Commission. Issued: July 10, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–11026 Filed 7–12–06; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Notices]
[Page 39689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11026]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-547]


In the Matter of Certain Personal Computers, Monitors, and 
Components Thereof; Notice of Decision Not To Review an Initial 
Determination Granting a Joint Motion To Terminate the Investigation 
Based on a Settlement Agreement

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'') on 
June 19, 2006, granting the joint motion to terminate the above-
captioned investigation based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3115. Copies of the public 
version of the ID and all 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. Hearing-impaired persons 
are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810. 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) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: On August 10, 2005, the Commission 
instituted an investigation under section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, based on a complaint filed by Hewlett-Packard 
Development Company, L.P., of Houston, Texas, and Hewlett-Packard 
Company of Palo Alto, California (collectively, ``HP'') alleging a 
violation of section 337 in the importation, sale for importation, and 
sale within the United States after importation of certain personal 
computers, monitors, and components thereof by reason of infringement 
of claims 4, 7-8, 12, 15, and 18 of U.S. Patent No. 6,501,721; claims 
1-17 of U.S. Patent No. 6,691,236; claims 1-26 of U.S. Patent No. 
6,438,697; claims 1-8 and 23-33 of U.S. Patent No. 6,894,706; and 
claims 1-33 of U.S. Patent No. 6,803,865. 70 FR 46544 (August 10, 
2005). The complainant named Gateway, Inc. and eMachines, Inc., both of 
Irvine, California (collectively, ``Gateway'') as respondents.
    On May 25, 2006, HP and Gateway filed a joint motion for 
termination of the investigation based on a settlement agreement. On 
June 13, 2006, the Commission investigative attorney filed her response 
in support of the motion. On June 19, 2006, the presiding ALJ issued an 
ID (Order No. 13) granting the joint motion. No party petitioned for 
review of the ALJ's ID.
    The Commission has determined not to review the ALJ's ID. 
Accordingly, the investigation is terminated.
    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.

    Issued: July 10, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-11026 Filed 7-12-06; 8:45 am]
BILLING CODE 7020-02-P
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