In the Matter of Certain Voltage Regulators, Components Thereof and Products Containing Same; Notice of Commission Determination To Review Portions of a Final Initial Determination of Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 41774-41775 [E7-14709]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Notices]
[Pages 41774-41775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14709]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-564]


In the Matter of Certain Voltage Regulators, Components Thereof 
and Products Containing Same; Notice of Commission Determination To 
Review Portions of a Final Initial Determination of Violation of 
Section 337; Schedule for Filing Written Submissions on the Issues 
Under Review and on Remedy, the Public Interest, and Bonding

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 to review portions of the final Initial 
Determination (``ID'') issued by the presiding Administrative Law Judge 
(``ALJ'').

FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3107. 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 March 
22, 2006, based on a complaint filed by Linear Technology Corporation 
(``Linear'') of Milpitas, California. The complaint, as supplemented, 
alleged 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 voltage regulators, components thereof and products containing 
the same, by reason of infringement of claims 1-14 and 23-35 of United 
States Patent No. 6,411,531 (``the `531 patent'') and claims 1-19, 31, 
34, and 35 of United States Patent No. 6,580,258 (``the `258 patent''). 
The complaint named Advanced Analogic Technologies, Inc. (``AATI'') of 
Sunnyvale, California as the sole respondent. Only claims 4, 9, and 26 
of the `531 patent and claims 2, 3, 34, and 35 of the `258 patent 
remain in the investigation.
    On May 22, 2007, the ALJ issued his final ID finding no violation 
of section 337. Specifically, he found that none of AATI's accused 
products directly infringe the asserted claims of the `258 patent, and 
that one accused product directly infringes claims 4 and 26 of the `531 
patent. He found that no indirect infringement had occurred in 
connection with any of the asserted claims of either patent. As to 
validity, the ALJ determined that claim 35 of the `258 patent and 
claims 4, 9, and 26 of the `531 patent are invalid due to anticipation, 
rejecting other arguments of invalidity, unenforceability, and 
estoppel. The ALJ also determined that a domestic industry exists with 
regard

[[Page 41775]]

to the `258 patent; but that there was no domestic industry with regard 
to the `531 patent, because of a failure to meet the technical prong of 
the domestic industry requirement. With respect to the `531 patent, the 
Commission understands the ALJ to have construed the term ``voltage 
regulator'' to include a tolerance of approximately five percent as set 
forth at page 35 of the ID. On May 30, 2007, the ALJ issued his 
Recommended Determination (``RD'') on remedy and bonding. Linear, AATI, 
and the Commission investigative attorney (``IA'') filed petitions for 
review of the ALJ's ID.
    Having examined the pertinent portions of the record of this 
investigation, including the ALJ's final ID, the petitions for review, 
and the responses thereto, the Commission has made the following 
determinations. With respect to the `258 patent, the Commission has 
determined (1) to review the ID concerning the issues of claim 
construction, infringement, and validity; and (2) not to review the 
remainder of the ID as to the `258 patent. With respect to the `531 
patent, the Commission has determined (1) to review the ID concerning 
the issue of whether asserted claim 9 of the `531 patent is invalid for 
anticipation by the Kase reference, and upon review to take no position 
as to that issue, and (2) not to review the remainder of the ID as to 
the `531 patent.The parties should brief their position on these issues 
with reference to the applicable law and the evidentiary record. In 
connection with its review, the Commission is particularly interested 
in responses to the following questions:
    1. With respect to asserted claim 35 of the `258 patent, can 
monitoring a voltage using a voltage threshold in the accused products 
be considered an equivalent to ``monitoring the current'' using a 
``current threshold'' in assessing infringement of claim 35 under the 
doctrine of equivalents? (Parties should discuss the ``function, way, 
result'' test in their analysis.)
    2. With respect to the `258 patent, provide an analysis of indirect 
infringement under 271(b) and (c), including an analysis of any 
evidence upon which you rely.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent 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 likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) 
(Commission Opinion).
    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 U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount 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 if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues for review identified in this 
notice. Parties to the investigation, interested government agencies, 
and any other interested parties are encouraged to file written 
submissions on the issues of remedy, the public interest, and bonding. 
Such submissions should address the RD issued by the ALJ on remedy and 
bonding on May 30, 2007. Complainant and the Commission investigative 
attorney are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainant is requested to state the dates 
that the `258 patent expires and the HTSUS numbers under which the 
accused products are imported. The written submissions and proposed 
remedial orders must be filed no later than close of business on August 
7, 2007. Reply submissions must be filed no later than the close of 
business on August 14, 2007. No further submissions on these issues 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
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 210.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    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 sections 210.42-46 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    By order of the Commission.

    Issued: July 24, 2007.
William R. Bishop,
Acting Secretary to the Commission.
 [FR Doc. E7-14709 Filed 7-30-07; 8:45 am]
BILLING CODE 7020-02-P