[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Notices]
[Page 40931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17460]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-685]
In the Matter of Certain Flash Memory and Products Containing
Same; Notice of Commission Determination To Grant the Consent Motion To
Terminate the Investigation on the Basis of Settlement; Termination of
Investigation
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 GRANT the consent motion to terminate the
above-captioned investigation based upon settlement. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2301. 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
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 Inv. No. 337-TA-
685 on September 2, 2009, based on a complaint filed by Samsung
Electronics Co. (``Samsung'') of Suwon City, South Korea on July 31,
2009. 74 FR 45469 (Sept. 2, 2009). The complaint, as amended, 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 flash
memory and products containing same by reason of infringement of
certain claims of U.S. Patent Nos. 6,930,050 (``the `050 patent'') and
5,740,065 (``the `065 patent''). The `050 patent was subsequently
terminated from the investigation. The Commission's notice of
investigation named Spansion Japan Limited of Kanagawa, Japan
(``Spansion Japan''); Alpine Electronics, Inc. of Fukushima, Japan and
Alpine Electronic of America, Inc. of Torrance, California; Slacker,
Inc. of San Diego, California; Synology Inc. of Taipei, Taiwan and
Synology North America Corp. of Redmond, Washington; Egreat USA of
Fairfax, California; Appro International, Inc. of Milpitas, California;
Shenzhen Egreat Co., Ltd. of Shenzhen, China (``Shenzhen Egreat''); and
Spansion and D-Link as respondents. Many of these respondents were
later terminated from the investigation based on consent orders, for
cause, or withdrawal of the complaint. Shenzen Egreat was found in
default. Comm'n Notice (Jan. 31, 2011). Spansion and D-Link,
hereinafter ``Respondents,'' are the only remaining participating
respondents.
On February 28, 2008, the ALJ issued his final ID, finding a
violation of Section 337 by Respondents. On March 14, 2011, Respondents
and the Commission investigative attorney (``IA'') filed separate
petitions seeking review of the ALJ's determination concerning the
ALJ's findings on claim construction, infringement, invalidity, and
domestic industry. On April 29, 2011, the Commission issued a Notice of
its determination to review several aspects of the final ID and to pose
certain questions to the parties. 76 FR 25707-9 (May 5, 2011).
On June 16, 2011, Samsung filed a consent motion for termination of
the investigation in its entirety based on a settlement agreement. On
June 20, 2011, Samsung filed a corrected motion, clarifying that the
settlement agreement, which is between it and Spansion, is intended to
terminate the investigation also with respect to D-Link and Shenzen
Egreat. On June 22, 2011, the Commission extended the target date of
the investigation by one month to July 28, 2011, to accommodate the
schedule for addressing the motion for termination.
Having examined the record of this investigation, the Commission
has determined to grant the consent motion to terminate the
investigation. Section 337(c) provides, in relevant part, that the
Commission may terminate an investigation ``on the basis of an
agreement between the private parties to the investigation.'' When the
investigation is before the Commission, as is the case here, the
Commission may act on a motion to terminate on the basis of settlement.
See Certain Insect Traps, Inv. No. 337-TA-498, Notice of Commission
Determination To Terminate the Investigation in Its Entirety on the
Basis of a Settlement Agreement, 69 FR 63176 (Oct. 29, 2004).
Commission Rule 210.21(b), which implements Section 337(c), requires
that a motion for termination based upon a settlement contain a copy of
that settlement agreement, as well as a statement that there are no
other agreements, written or oral, express or implied, between the
parties concerning the subject matter of the investigation. The
corrected motion complies with these requirements.
The Commission also considers the public interest when terminating
an investigation based upon a settlement agreement. 19 CFR
210.50(b)(2). We find no evidence that termination of the investigation
will prejudice the public interest or that settlement will adversely
impact the public health and welfare, competitive conditions in the
United States economy, the products of like or directly competitive
articles in the United States, or United States consumers. Moreover,
the public interest favors settlement to avoid needless litigation and
to conserve public and private resources.
Accordingly, the Commission hereby GRANTS the consent motion to
terminate this investigation on the basis of a settlement agreement.
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 of the Commission's Rules of Practice and Procedure
(19 CFR 210.21).
By order of the Commission.
Issued: July 7, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17460 Filed 7-11-11; 8:45 am]
BILLING CODE 7020-02-P