[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Pages 35645-35646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14011]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-792]
Certain Static Random Access Memories and Products Containing
Same; Commission Determination Affirming a Final Initial Determination
Finding No Violation of Section 337; 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 to affirm the initial determination issued by
the presiding administrative law judge (``ALJ'') finding no violation
of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, (``section
337'') in the above identified investigation. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3042. 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 28, 2011, based on a complaint filed by Cypress Semiconductor
Corporation of San Jose, California (``Cypress''). 76 FR 45295 (July
28, 2011). The complaint 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 static random access memories and products
containing the same by reason of infringement of various claims of
United States Patent Nos. 6,534,805; 6,651,134; 6,262,937 and
7,142,477. The notice of investigation named the following entities as
respondents: GSI Technology, Inc. of Sunnyvale, California (``GSI'');
Alcatel-Lucent of Paris, France (``Alcatel-Lucent''); Alcatel-Lucent
USA, Inc. of Murray Hill, New Jersey (``Alcatel-Lucent USA'');
Telefonaktiebolaget LM Ericsson of Stockholm, Sweden (``Ericsson LM'');
Ericsson, Inc. of Plano, Texas (``Ericsson''); Motorola Solutions, Inc.
of Schaumburg, Illinois (``Motorola''); Motorola Mobility, Inc. of
Libertyville, Illinois (``MMI''); Arrow Electronics, Inc. of Melville,
New York (``Arrow''); Nu Horizons Electronics Corp. of Melville, New
York (``Nu Horizons''); Cisco Systems, Inc. of San Jose, California
(``Cisco''); Hewlett Packard Company/Tipping Point of Palo Alto,
California (``HP''); Avnet, Inc. of Phoenix, Arizona (``Avnet''); Nokia
Siemens Networks US, LLC of Irving, Texas (``Nokia US''); Nokia Siemens
Networks B.V. of Zoetermeer, Netherlands (``Nokia''); and Tellabs of
Naperville, Illinois (``Tellabs''). The Office of Unfair Import
Investigations is not a party to this investigation.
The following respondents were terminated from the investigation
based on settlement agreements, consent orders, or withdrawal of
allegations from the complaint: Alcatel-Lucent, Alcatel-Lucent USA,
Ericsson, Arrow, Nu Horizons, Nokia US, and Nokia. The following
respondents were terminated from the investigation based upon grant of
summary determination of no violation of section 337: MMI, HP,
Motorola, Tellabs, and Ericsson LM. The following respondents remain in
the investigation: GSI, Cisco, and Avnet (collectively,
``Respondents'').
On October 25, 2012, the ALJ issued his final ID (``ID''), finding
no violation of section 337 by the Respondents. Specifically, the ALJ
found that the Commission has subject matter jurisdiction, in rem
jurisdiction over the accused products, and in personam jurisdiction
over the Respondents. The ALJ also found that the importation
requirement of section 337 (19 U.S.C. 1337(a)(1)(B)) has been
satisfied. The ALJ, however, found that the accused products do not
infringe the asserted patent claims. The ALJ also found that Cypress
failed to establish the existence of a domestic industry that practices
the asserted patents under 19 U.S.C. 1337(a)(2) for failure to
establish the technical prong of the domestic industry requirement. The
ALJ did not consider the validity or enforceability of the asserted
patents.
On November 7, 2012, Cypress filed a petition for review of the ID.
That same day, Respondents filed a contingent petition for review. On
November 15, 2012, the parties filed responses to the petition and
contingent petition for review.
On December 21, 2012, the Commission determined to review the ID in
its entirety and remanded the investigation to the ALJ to make findings
on invalidity and unenforceability, issues litigated by the parties but
not addressed in the final ID. On February 25, 2013, the ALJ issued his
Remand ID (``RID''), finding that the asserted patents are enforceable
and not invalid.
On March 11, 2013, Respondents filed a petition for review of the
RID, challenging the ALJ's findings that the asserted patents are
enforceable and not invalid. On March 19, 2013, Cypress filed a
response to the petition for review.
On April 26, 2013, the Commission determined to review the RID in
part, i.e., with respect to invalidity. See 78 FR 25767 (May 2, 2013).
The Commission declined Respondents' request to take judicial notice of
the on-going reexamination proceedings at the United States Patent and
Trademark Office regarding the '805 patent and admit filings in that
case into evidence in this investigation.
Having examined the record of this investigation, including the
ALJ's final ID and RID, the petitions for review, and the responses
thereto, the Commission has determined to affirm the ALJ's finding of
no violation of section 337 with the modifications set forth in the
Commission opinion issued herewith. Specifically, with respect to the
'805 patent, the Commission affirms the following findings: (1) Cypress
failed to prove that the accused products infringe the asserted claims;
(2) Cypress failed to establish the technical prong of the domestic
industry requirement; and (3) Respondents failed to establish by clear
and convincing evidence that U.S. Patent No. 6,677,649 to Osada et al.
or U.S. Patent No. 6,445,041 to Ishida et al. anticipate the asserted
claims. The Commission reverses the ALJ's finding that the publication
by Ishida, entitled ``Novel 6T-SRAM Cell Technology Designed with
Rectangular Patterns
[[Page 35646]]
Scalable beyond 0.18 [micro]m Generation and Desirable for Ultra High
Speed Operation'' does not anticipate the asserted claims of the '805
patent. Regarding the '134, '937, and '477 patents, the Commission
affirms the following findings: (1) Cypress failed to prove that the
accused products infringe the asserted claims; (2) Cypress failed to
establish the technical prong of the domestic industry requirement; and
(3) Respondents failed to establish by clear and convincing evidence
that the cited prior art references anticipate the asserted claims. The
Commission adopts the ID and RID in their entirety as modified and/or
supplemented by the Commission opinion. The investigation is
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 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: June 7, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14011 Filed 6-12-13; 8:45 am]
BILLING CODE 7020-02-P