Certain Semiconductor Chips and Products Containing Same; Termination of the Investigation With a Finding of No Violation of Section 337, 45373-45374 [2012-18591]

Download as PDF 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] BILLING CODE 4312–51–P 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:48 Jul 30, 2012 Jkt 226001 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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31JYN1.SGM 31JYN1 mstockstill on DSK4VPTVN1PROD with NOTICES 45374 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 VerDate Mar<15>2010 16:48 Jul 30, 2012 Jkt 226001 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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: E:\FR\FM\31JYN1.SGM 31JYN1

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.

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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 http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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