In the Matter of Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same; Notice of Commission Decision Not To Review a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions Regarding Remedy, Bonding, and the Public Interest, 28060-28061 [2010-11973]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28060-28061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11973]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-669]


In the Matter of Certain Optoelectronic Devices, Components 
Thereof, and Products Containing the Same; Notice of Commission 
Decision Not To Review a Final Initial Determination Finding a 
Violation of Section 337; Request for Written Submissions Regarding 
Remedy, Bonding, and the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review a final initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') finding a 
violation of section 337 in the above-captioned investigation, and is 
requesting written submissions regarding remedy, bonding, and the 
public interest.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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: The Commission instituted this investigation 
on March 10, 2009 based on a complaint filed on February 3, 2009, by 
Avago Technologies Fiber IP (Singapore) Pte. Ltd. of Singapore; Avago 
Technologies General IP (Singapore) Pte. Ltd. of Singapore; and Avago 
Technologies Ltd. of San Jose, California. 74 FR 10278-79 (March 10, 
2009). The complaint, as supplemented, alleges 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 
optoelectronic devices, components thereof, or products containing the 
same by reason of infringement of certain claims of U.S. Patent Nos. 
5,359,447 (``the `447 patent'') and 5,761,229 (``the `229 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337. The complaint 
names a single respondent, Emcore Corporation (``Emcore'') of 
Albuquerque, New Mexico.
    On December 7, 2009, the Commission issued notice of its 
determination not to review the ALJ's ID granting complainants' motion 
for summary determination on ownership of the asserted patents.
    On March 12, 2010, the ALJ issued his final ID finding a violation 
of section 337 by Emcore by reason of infringement of one or more of 
claims 1, 2, 3, and 5 of the `447 patent. The ALJ found no violation of 
section 337 with respect to the `229 patent. He also issued his 
recommendation on remedy and bonding during the period of Presidential 
review. On March 29, 2010, Emcore and the Commission investigative 
attorney (``IA'') filed petitions for review of the final ID. The IA 
and complainants filed responses to the petitions on April 6, 2010. The 
Commission has determined not to review the subject ID.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that results in the exclusion of the 
subject articles from entry into the United States. 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 In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    When 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

[[Page 28061]]

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.
    When 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 section 337(j), 19 U.S.C. 
1337(j) and the 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. 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: 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, and such submissions should address the recommended 
determination by the ALJ on remedy and bonding. The complainant and the 
IA are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainant is also requested to state the 
dates that the patents at issue expire and the HTSUS numbers under 
which the accused articles are imported. The written submissions and 
proposed remedial orders must be filed no later than close of business 
on May 24, 2010. Reply submissions must be filed no later than the 
close of business on June 1, 2010. 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 201.6. 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 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.42-46.

    By order of the Commission.
    Issued: May 13, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-11973 Filed 5-18-10; 8:45 am]
BILLING CODE 7020-02-P