[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Notices]
[Page 55499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22171]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-798]
Certain Light-Emitting Diodes and Products Containing Same;
Commission Determination Not To Review an Initial Determination
Terminating the Investigation in Its Entirety on the Basis of a
Settlement Agreement
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 the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 38)
granting the joint motion to terminate the above-captioned
investigation in its entirety on the basis of a settlement agreement.
In view of that determination, the Commission finds that review of
another ID (Order No. 36), which granted leave to amend the complaint
and notice of investigation, is moot.
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
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 August 18, 2011, based on a complaint filed by Samsung LED Co., Ltd.
of Suwon City, Korea, and Samsung LED America, Inc. of Atlanta, Georgia
(collectively, ``SLED''). 76 FR 51396-97 (Aug. 18, 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 light-emitting diodes and products containing
same by reason of infringement of certain claims of U.S. Patent Nos.
7,282,741; 7,893,443; 7,838,315; 7,959,312; 7,964,881; 6,551,848;
7,268,372; and 7,771,081. The Commission's notice of investigation
named as respondents OSRAM GmbH of Munich, Germany; OSRAM Opto
Semiconductors GmbH of Regensburg, Germany; OSRAM Opto Semiconductors
Inc. of Sunnyvale, California; and OSRAM Sylvania Inc. of Danvers,
Massachusetts (collectively, ``OSRAM''). On December 7, 2011, the
Commission determined not to review an ID (Order No. 15) granting
SLED's motion to amend the Notice of Investigation to change the name
of respondent OSRAM GmbH to OSRAM AG. Notice (Dec. 7, 2011).
On July 26, 2012, SLED filed a motion to amend the Complaint and
Notice of Investigation to substitute Samsung Electronics Co., Ltd. of
Suwon City, Korea (``Samsung Electronics''), for the SLED complainants,
as a result of corporate reorganization. On July 30, 2012, OSRAM filed
an opposition, and on August 7, 2012, the ALJ issued an ID granting the
motion as an ID. Order No. 36.
On August 9, 2012, SLED and OSRAM filed a joint motion to terminate
the investigation in its entirety based on a settlement agreement
between OSRAM and Samsung Electronics. On August 10, 2012, the ALJ
granted the motion as an ID. Order No. 38.
No petitions for review of either ID were filed. The Commission has
determined not to review Order No. 38, and the investigation is thereby
terminated. As a result, review of Order No. 36 is moot.
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 and 210.42 of the Commission's Rules of Practice and
Procedure (19 CFR 210.21, 210.42).
By order of the Commission.
Issued: September 5, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-22171 Filed 9-7-12; 8:45 am]
BILLING CODE 7020-02-P