[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Notices]
[Pages 57589-57590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22943]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-786]
Certain Integrated Circuits, Chipsets, and Products Containing
Same Including Televisions; Commission Decision To Review in Part a
Final Initial Determination Finding No Violation of Section 337;
Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part the presiding
administrative law judge's (``ALJ'') final initial determination
(``ID'') issued on July 12, 2012, finding no violation of section 337
of the Tariff Act of 1930, 19 U.S.C. 1337 in the above-captioned
investigation. On review, the Commission affirms the ID's
[[Page 57590]]
finding of no violation, and terminates the investigation.
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 this investigation
on July 14, 2011, based on a complaint filed by Freescale
Semiconductor, Inc. of Austin, Texas (``Freescale''). 76 FR 41521-2
(July 14, 2011). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of
infringement of certain claims of U.S. Patent No. 5,467,455 (``the '455
patent''). The complaint further alleges the existence of a domestic
industry. The Commission's notice of investigation named Funai Electric
Co., Ltd. of Osaka, Japan and Funai Corporation, Inc. of Rutherford,
New Jersey (collectively ``Funai''); MediaTek Inc. of Hsinchu City,
Taiwan (``MediaTek''); and Zoran Corporation of Sunnyvale, California
(``Zoran'') as respondents. The Office of Unfair Import Investigations
was named as a party. On May 25, 2012, the Commission determined not to
review an ID (Order No. 27) terminating the investigation as to Funai
on the basis of a consent order. Notice (May 25, 2012). On May 29,
2012, the Commission determined not to review an ID (Order No. 31)
terminating the investigation as to certain Zoran products and certain
MediaTek products. Notice (May 29, 2012).
On July 12, 2012, the ALJ issued his final ID, finding no violation
of section 337 as to the '455 patent. The ID included the ALJ's
recommended determination (``RD'') on remedy and bonding. In
particular, the ALJ found that claims 9 and 10 of the '455 patent are
not invalid pursuant to 35 U.S.C. 102, but that they are invalid
pursuant to 35 U.S.C. 103. The ALJ further found that those Zoran
products that were adjudicated in Integrated Circuits I are precluded
under the doctrine of issue preclusion. The ALJ also found that certain
of the accused Zoran products remaining in the investigation infringe
claims 9 and 10 of the '455 patent, but that the accused MediaTek
products do not infringe claims 9 and 10 of the '455 patent. The ALJ
further found that Freescale has failed to satisfy the domestic
industry requirement with respect to the '455 patent. The ALJ's RD
recommended a limited exclusion order barring entry of Zoran's and
MediaTek's infringing integrated circuits, chipsets, and products
containing same including televisions. Freescale did not request, and
the ALJ did not recommend, issuance of a cease and desist order against
Zoran. The ALJ also recommended that respondents be required to post no
bond for the importation of products found to infringe during the
period of Presidential review.
On July 24, 2012, Freescale filed a petition for review of certain
aspects of the final ID's findings concerning infringement, validity,
and domestic industry, and preclusion. Also on July 25, 2012, the IA
timely filed a petition for review of certain aspect of the final ID's
findings concerning claim construction. Further on July 24, 2012, Zoran
and MediaTek contingently petitioned for review of certain aspects of
the final ID's findings concerning claim construction, infringement,
domestic industry, and preclusion. No post-RD statements on the public
interest pursuant to Commission Rule 201.50(a)(4) or in response to the
post-RD Commission Notice issued on July 16, 2012, were filed. See 77
FR 42764 (July 20, 2012).
Having examined the record of this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the final ID in part.
Specifically, the Commission has determined to review, and on review,
reverses the ALJ's finding that Japanese Patent Application JP H05-
83113-A to Kuboki (``Kuboki'') discloses the limitation ``[a] data
processor within an integrated circuit package comprising: * * * a
plurality of bus termination circuits'' of claim 9 of the '455 patent.
The Commission has also determined to review, and on review, affirms
with modification the ID's finding that Kuboki in combination with the
knowledge of one of ordinary skill in the art renders obvious claims 9
and 10 of the '455 patent. The Commission has further determined to
review the ID's finding that the Kuboki reference in combination with
U.S. Patent No. 5,479,123 to Gist (``Gist'') renders obvious claims 9
and 10, and on review, finds that the Kuboki reference in combination
with Gist and the knowledge of one of ordinary skill in the art renders
obvious claims 9 and 10 of the '455 patent. The Commission has also
determined to review the ID's finding that Freescale failed to
establish the existence of a domestic industry based on its licensing
activities, and on review, affirms the ID's finding with modification.
The Commission has further determined to review the ID's finding that
Freescale has failed to show that the Accused Zoran Hybrid Termination
Circuits infringe claims 9 and 10 of the '455 patent and on review,
affirms the ID's finding with modification.
The Commission has determined not to review the remaining issues
decided in the ID. A Commission opinion will issue shortly.
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 and 210.50 of the Commission's Rules of Practice
and Procedure (19 CFR 210.42-46 and 210.50).
By order of the Commission.
Issued: September 12, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-22943 Filed 9-17-12; 8:45 am]
BILLING CODE 7020-02-P