[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77093-77094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31331]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-799]
Certain Computer Forensic Devices and Products Containing Same;
Commission Determination Not To Review the Final Initial Determination
of the Administrative Law Judge; Termination of the 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 not to review the final initial determination
(``final ID'' or ``ID'') of the presiding administrative law judge in
the above-identified investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3065. 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 August 29, 2011, based on a complaint filed by MyKey Technology Inc.
(``MyKey'') of Gaithersburg, Maryland. 76 FR 53695 (Aug. 29, 2011). The
complaint alleges 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 computer forensic devices and products
containing the same by reason of infringement of claims 1-8, 11-13, 16-
38 and 40-45 of U.S. Patent No. 6,813,682 (the `` '682 patent''),
claims 1-9, 13-18 and 20-21 of U.S. Patent No. 7,159,086 and claims 1
and 2 of U.S. Patent No. 7,228,379 (the `` '379 patent''). The notice
of investigation named as respondents Data Protection Solutions by Arco
of Hollywood, Florida; CRU Acquisitions Group LLC of Vancouver,
Washington d/b/a CRU-DataPort LLC of Vancouver, Washington (``CRU'');
Digital Intelligence, Inc. of New Berlin, Wisconsin (``Digital
Intelligence''); Diskology, Inc. of Chatsworth, California; Guidance
Software, Inc. of Pasadena, California and Guidance Tableau LLC of
Pasadena, California (collectively, ``Guidance''); Ji2, Inc. of
Cypress, California; MultiMedia Effects, Inc. of Markham, Ontario;Voom
Technologies, Inc. of South Lakeland, Minnesota; and YEC Co. Ltd. of
Tokyo, Japan.
Only respondents Guidance, CRU, and Digital Intelligence remain in
the investigation. The complainant has also narrowed the claims
asserted to claims 1-8, 11-13, 16-21, 24-36, and 40-45 of the '682
patent and claim 2 of the '379 patent.
An evidentiary hearing was held from August 6 to August 10, 2012.
On October 26, 2012, the ALJ issued the final ID, finding no
violation of Section 337. The ALJ found that MyKey had failed to
satisfy the economic prong of the domestic industry requirement. No
petitions for review of the ID were filed.
The Commission would ordinarily remand this investigation to the
ALJ to address in the final ID all material issues presented because a
hearing has concluded and all issues have been fully briefed before the
ALJ. 19 CFR 210.42(d); see also Certain Video Game Systems and Wireless
Controllers and Components Thereof, Inv. 337-TA-770, Comm'n Op. at n.1
(Nov. 6, 2012). However, the Commission has determined not to review
the ID in this investigation based upon the extraordinary factual
situation and the parties' failure to file petitions for review. This
investigation is hereby terminated.
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
[[Page 77094]]
By order of the Commission.
Issued: December 21, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-31331 Filed 12-28-12; 8:45 am]
BILLING CODE 7020-02-P