Certain Semiconductor Chips and Products Containing Same; Termination of the Investigation With a Finding of No Violation of Section 337, 45373-45374 [2012-18591]
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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NRNHL–10821; 2200–3200–
665]
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before July 6, 2012.
Pursuant to § 60.13 of 36 CFR Part 60,
written comments are being accepted
concerning the significance of the
nominated properties under the
National Register criteria for evaluation.
Comments may be forwarded by United
States Postal Service, to the National
Register of Historic Places, National
Park Service, 1849 C St. NW., MS 2280,
Washington, DC 20240; by all other
carriers, National Register of Historic
Places, National Park Service, 1201 Eye
St. NW., 8th floor, Washington, DC
20005; or by fax, 202–371–6447. Written
or faxed comments should be submitted
by August 15, 2012. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
New Santa Fe ‘‘Three Trails’’ Trail Swales,
(Santa Fe Trail MPS) W. Santa Fe Trail, 1⁄2
blk. W. of jct. with Madison Ave., Kansas
City, 12000526
NEW JERSEY
Burlington County
White Hill Mansion, 217 4th St., Fieldsboro,
12000527
Mercer County
Roebling’s, John A., Sons Company, Trenton,
N.J., Block 3, Bounded by Hamilton Ave.,
Clark, Elmer, & E. Canal Sts., Trenton,
12000528
Monmouth County
Towers, The, 27 Prospect Cir., Atlantic
Highlands, 12000529
Morris County
Mount Hope Miners’ Church, Mount Hope
Rd., Rockaway, 12000530
Mathews County
Riverlawn, 134 Williamsdale Ln., Mathews,
12000543
Middlesex County
F.D. CROCKETT (log deck boat), 287 Jackson
Creek Rd., Deltaville, 12000544
Richmond Independent city, Armitage
Manufacturing Company, 3200
Williamsburg Ave., Richmond
(Independent City), 12000545
Southern Biscuit Company, 900 Terminal Pl.,
Richmond (Independent City), 12000546
Virginia Beach Independent city, Briarwood,
1500 Southwick Rd., Virginia Beach
(Independent City), 12000547
A request for removal has been made for
the following resources:
PENNSYLVANIA
NEW YORK
Broome County
Ansco Company Charles Street Factory
Buildings, (Industrial Resources of Broome
County, New York MPS) 15 & 17 Charles,
& 219 Clinton Sts., Binghamton, 12000531
General Cigar Company—Ansco Camera
Factory Building, (Industrial Resources of
Broome County, New York MPS) 16 Emma
St., Binghamton, 12000532
Bradford County
Bridge in Athens Township, (Highway
Bridges Owned by the Commonwealth of
Pennsylvania, Department of
Transportation MPS) LR 08081 over
Susquehanna River, Athens, 88000821
Bucks County
Fretz Farm, Almshouse Rd. and PA 611
(Doylestown Township) Doylestown,
85000459
[FR Doc. 2012–18576 Filed 7–30–12; 8:45 am]
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Essex County
Talichito, Nesa Rd., Schroon Lake, 12000533
Kings County
Loew’s Kings Theatre, 1027 Flatbush Ave.,
Brooklyn, 12000534
INTERNATIONAL TRADE
COMMISSION
Westchester County
Hartsdale Pet Cemetery, 75 N. Central Park
Ave., Greenburgh, 12000535
Certain Semiconductor Chips and
Products Containing Same;
Termination of the Investigation With a
Finding of No Violation of Section 337
SOUTH DAKOTA
[Investigation No. 337–TA–753]
U.S. International Trade
Commission.
ACTION: Notice.
Dated: July 11, 2012
J. Paul Loether,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
Yankton County
House of Gurney Historic District, 106, 109,
& 110 Capital St., Yankton, 12000536
AGENCY:
VIRGINIA
SUMMARY:
ALABAMA
Arlington County
Georgetown Pike, From DC/VA boundary at
Chain Bridge to jct. with Leesburg Pike at
Seneca Rd., Arlington, 12000537
Madison County
Five Points Historic District, Roughly Beirne,
Clinton, Eustis, Grayson, McCullough,
Pratt, Randolph, Russell, Ward, Wellman,
& Wells Aves., Huntsville, 12000522
Maple Hill Cemetery, 203 Maple Hill Dr.,
Huntsville, 12000523
MINNESOTA
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45373
Stearns County
St. Cloud Veterans Administration Hospital
Historic District, (United States Second
Generation Veterans Hospitals MPS) 4801
Veterans Dr., St. Cloud, 12000524
MISSOURI
Jackson County
85th and Manchester ‘‘Three Trails’’ Trail
Segment, (Santa Fe Trail MPS) NW. corner
of 85th & Manchester, Kansas City,
12000525
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Augusta County
Mt. Airy, Access Rd. off of Technology Dr.,
Verona, 12000538
Fairfax County
Sydenstricker School, 8511 Hooes Rd.,
Springfield, 12000539
Fluvanna County
Seay’s Chapel Methodist Church, 4916
Shores Rd., Palmyra, 12000540
Loudoun County
Furr Farm, 40590 Snickersville Tnpk., Aldie,
12000541
Lynchburg Independent city, Armstrong
Elementary School, 1721 Monsview Pl.,
Lynchburg (Independent City), 12000542
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Notice is hereby given that
the U.S. International Trade
Commission has determined to
terminate the above-captioned
investigation with a finding of no
violation of section 337 of the Tariff Act
of 1930, 19 U.S.C. 1337.
FOR FURTHER INFORMATION CONTACT:
Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2532. 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
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45374
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices
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 January 4, 2011, based on a
complaint filed by Rambus Inc. of
Sunnyvale, California (‘‘Rambus’’),
alleging a violation of section 337 in the
importation, sale for importation, and
sale within the United States after
importation of certain semiconductor
chips and products containing the same.
76 FR 384 (Jan. 4, 2011). The complaint
alleged the infringement of various
claims of patents including U.S. Patent
Nos. 6,470,405; 6,591,353; 7,287,109
(collectively, ‘‘the Barth patents’’); and
Nos. 7,602,857; and 7,715,494
(collectively, ‘‘the Dally patents’’). The
Barth patents share a common
specification, as do the Dally patents.
The notice of investigation named as
respondents Freescale Semiconductor of
Austin, Texas (‘‘Freescale’’); Broadcom
Corp. of Irvine, California
(‘‘Broadcom’’); LSI Corporation of
Milpitas, California (‘‘LSI’’); Mediatek
Inc. of Hsin-Chu, Taiwan (‘‘Mediatek’’);
NVIDIA Corp. of Santa Clara, California
(‘‘NVIDIA’’); STMicroelectronics N.V. of
Geneva, Switzerland; and
STMicroelectronics Inc. of Carrollton,
Texas (collectively, ‘‘STMicro’’), as well
as approximately twenty customers of
one or more of these respondents.
The investigation has since been
terminated against many of the
respondents on the basis of Rambus’s
settlements with Broadcom, Freescale,
MediaTek, and NVIDIA.
LSI and STMicro are the only two
manufacturer respondents remaining.
With them as respondents are their
customers Asustek Computer, Inc. and
Asus Computer International, Inc.; Cisco
Systems, Inc.; Garmin International Inc.;
Hewlett-Packard Company; Hitachi
Global Storage Technologies; and
Seagate Technology.
On March 2, 2012, the ALJ issued the
final ID. The ID found no violation of
section 337 for several reasons. All of
the asserted claims were found to be
invalid or obvious in view of the prior
art under 35 U.S.C. 102 or 103. The
Barth patents were found to be
unenforceable under the doctrine of
unclean hands by virtue of Rambus’s
destruction of documents. The ID also
found that Rambus had exhausted its
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rights under the Barth patents as to
certain products of one respondent. The
ID found that all of the asserted patent
claims were infringed, and rejected
numerous affirmative defenses raised by
the respondents.
On March 19, 2012, Rambus, the
respondents and the Commission
investigative attorney (‘‘IA’’) each filed
a petition for review of the ID. On
March 27, 2012, these parties each filed
a response to the others’ petitions.
On May 3, 2012, the Commission
determined to review the ID in its
entirety. 77 FR 27,249 (May 9, 2012).
The notice of review asked the parties
to brief certain questions.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review and the
responses thereto, and the briefing in
response to the notice of review, the
Commission has determined to
terminate the investigation with a
finding of no violation of section 337.
The Commission has determined to
find no violation of section 337 for the
following reasons: We affirm the ALJ’s
conclusion that all of the asserted patent
claims are invalid under 35 U.S.C. 102
or 103, except for the asserted Dally
multiple-transmitter claims (’857 claims
11–13, 32–34, 50–52), for which we find
that Rambus has not demonstrated
infringement. We reverse the ALJ’s
determination that Rambus has
demonstrated the existence of a
domestic industry under 19 U.S.C.
1337(a) for both the Barth patents and
Dally patents. We affirm the ALJ’s
determination that the Barth patents are
unenforceable under the doctrine of
unclean hands. We affirm the ALJ’s
finding of exhaustion of the Barth
patents as to one respondent. The
Commission’s determinations, including
non-dispositive findings not recited
above, will be set forth more fully in the
Commission’s opinion.
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 210.21, 210.42–46 and 210.50
of the Commission’s Rules of Practice
and Procedure (19 CFR 210.21, 210.42–
46 and 210.50).
By order of the Commission.
Issued: July 25, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–18591 Filed 7–30–12; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–789]
Certain Digital Televisions and
Components Thereof; Determination
Not to Review Initial Determinations
Terminating the Investigation as to
Three Respondents; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review initial determinations (‘‘IDs’’)
(Order Nos. 69, 70, and 71) granting
joint motions to terminate the abovecaptioned investigation with respect to
three respondents on the basis of
settlement agreements. The
investigation is terminated in its
entirety.
SUMMARY:
Jia
Chen, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436, telephone (202) 205–4737.
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 (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 July 19, 2011, based on a complaint
filed by Vizio Inc. of Irvine, California
(‘‘Vizio’’). 76 FR 42728–29 (July 19,
2011). The complaint alleged 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 digital televisions and
components thereof by reason of
infringement of certain claims of United
States Patent Nos. 5,511,096; 5,621,761;
5,703,887; 5,745,522; and 5,511,082.
The notice of investigation named the
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Notices]
[Pages 45373-45374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18591]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-753]
Certain Semiconductor Chips and Products Containing Same;
Termination of the Investigation With a Finding of No Violation of
Section 337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to terminate the above-captioned
investigation with a finding of no violation of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2532. 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
[[Page 45374]]
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 January 4, 2011, based on a complaint filed by Rambus Inc. of
Sunnyvale, California (``Rambus''), alleging a violation of section 337
in the importation, sale for importation, and sale within the United
States after importation of certain semiconductor chips and products
containing the same. 76 FR 384 (Jan. 4, 2011). The complaint alleged
the infringement of various claims of patents including U.S. Patent
Nos. 6,470,405; 6,591,353; 7,287,109 (collectively, ``the Barth
patents''); and Nos. 7,602,857; and 7,715,494 (collectively, ``the
Dally patents''). The Barth patents share a common specification, as do
the Dally patents. The notice of investigation named as respondents
Freescale Semiconductor of Austin, Texas (``Freescale''); Broadcom
Corp. of Irvine, California (``Broadcom''); LSI Corporation of
Milpitas, California (``LSI''); Mediatek Inc. of Hsin-Chu, Taiwan
(``Mediatek''); NVIDIA Corp. of Santa Clara, California (``NVIDIA'');
STMicroelectronics N.V. of Geneva, Switzerland; and STMicroelectronics
Inc. of Carrollton, Texas (collectively, ``STMicro''), as well as
approximately twenty customers of one or more of these respondents.
The investigation has since been terminated against many of the
respondents on the basis of Rambus's settlements with Broadcom,
Freescale, MediaTek, and NVIDIA.
LSI and STMicro are the only two manufacturer respondents
remaining. With them as respondents are their customers Asustek
Computer, Inc. and Asus Computer International, Inc.; Cisco Systems,
Inc.; Garmin International Inc.; Hewlett-Packard Company; Hitachi
Global Storage Technologies; and Seagate Technology.
On March 2, 2012, the ALJ issued the final ID. The ID found no
violation of section 337 for several reasons. All of the asserted
claims were found to be invalid or obvious in view of the prior art
under 35 U.S.C. 102 or 103. The Barth patents were found to be
unenforceable under the doctrine of unclean hands by virtue of Rambus's
destruction of documents. The ID also found that Rambus had exhausted
its rights under the Barth patents as to certain products of one
respondent. The ID found that all of the asserted patent claims were
infringed, and rejected numerous affirmative defenses raised by the
respondents.
On March 19, 2012, Rambus, the respondents and the Commission
investigative attorney (``IA'') each filed a petition for review of the
ID. On March 27, 2012, these parties each filed a response to the
others' petitions.
On May 3, 2012, the Commission determined to review the ID in its
entirety. 77 FR 27,249 (May 9, 2012). The notice of review asked the
parties to brief certain questions.
Having examined the record of this investigation, including the
ALJ's final ID, the petitions for review and the responses thereto, and
the briefing in response to the notice of review, the Commission has
determined to terminate the investigation with a finding of no
violation of section 337.
The Commission has determined to find no violation of section 337
for the following reasons: We affirm the ALJ's conclusion that all of
the asserted patent claims are invalid under 35 U.S.C. 102 or 103,
except for the asserted Dally multiple-transmitter claims ('857 claims
11-13, 32-34, 50-52), for which we find that Rambus has not
demonstrated infringement. We reverse the ALJ's determination that
Rambus has demonstrated the existence of a domestic industry under 19
U.S.C. 1337(a) for both the Barth patents and Dally patents. We affirm
the ALJ's determination that the Barth patents are unenforceable under
the doctrine of unclean hands. We affirm the ALJ's finding of
exhaustion of the Barth patents as to one respondent. The Commission's
determinations, including non-dispositive findings not recited above,
will be set forth more fully in the Commission's opinion.
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 210.21, 210.42-46 and 210.50 of the Commission's Rules of
Practice and Procedure (19 CFR 210.21, 210.42-46 and 210.50).
By order of the Commission.
Issued: July 25, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-18591 Filed 7-30-12; 8:45 am]
BILLING CODE 7020-02-P
