[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Notices]
[Pages 69128-69129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27458]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-920]
Certain Integrated Circuits and Products Containing the Same;
Commission Decision Not To Review an Initial Determination Terminating
the Investigation in Its Entirety Based on a Settlement Agreement;
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 presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 17)
terminating the investigation in its entirety based on a settlement
agreement.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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 July 2, 2014, based on a complaint filed by Freescale Semiconductor,
Inc. (``Freescale'') of Austin, Texas. 79 FR 37770-71. 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 integrated circuits and products containing the
same through the infringement of certain claims of U.S. Patent Nos.
5,962,926; 7,158,432; 7,230,505; 7,518,947; 7,626,276; and 7,746,716.
Id. at 37770. The Commission's notice of investigation named as
respondents
[[Page 69129]]
MediaTek Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San
Jose, California (together, ``MediaTek''); Acer Inc. of New Taipei
City, Taiwan; AmTRAN Technology Co. Ltd. of New Taipei, Taiwan; AmTRAN
Logistics, Inc. of Irvine, California; ASUSTek Computer Inc. of Taipei,
Taiwan; ASUS Computer International, Inc. of Fremont, California; BLU
Products, Inc., of Doral, Florida; Sharp Corporation of Osaka, Japan;
Sharp Electronics Corporation of Mahwah, New Jersey; Sharp Electronics
Manufacturing Company of America, Inc. of San Diego, California; Sony
Corporation of Tokyo, Japan; Sony EMCS (Malaysia) of Penang, Malaysia;
Toshiba America Information Systems, Inc. of Irvine, California;
Toshiba Logistics America, Inc. of Irvine, California; TPV Display
Technology (Xiamen) Co. of Fujian, China; Trend Smart America, Ltd. of
Lake Forest, California; Vizio, Inc. of Irvine, California; Yamaha
Corporation of Buena Park, California; Lenovo Group Ltd. of Beijing,
China; Lenovo (United States) Inc. of Morrisville, North Carolina; Best
Buy Co., Inc. of Richfield, Minnesota; Newegg Inc. of City of Industry,
California; Buy.com Inc. d/b/a Rakuten.com Shopping of Aliso Viejo,
California; Walmart Stores, Inc. of Bentonville, Arkansas; Amazon.com,
Inc. of Seattle, Washington; B&H Foto & Electronics Corp. of New York,
New York; and Costco Wholesale Corporation of Issaquah, Washington
(collectively, ``Respondents''). Id. at 37771. The Office of Unfair
Import Investigations was also named as a party to the investigation.
Id.
On September 29, 2014, Freescale and MediaTek filed a joint motion
to terminate the entire investigation with prejudice based on a
settlement agreement covering all Respondents. On October 3, 2014,
Freescale and MediaTek filed a joint motion for leave to file a
corrected version of its motion based on comments received from the
ALJ's attorney-advisor and the Commission Investigative Attorney
(``IA'').
On October 7, 2014, the IA filed a response to the corrected
motion, and contended that the motion should be granted-in-part. The IA
stated that the moving parties' request to have the investigation
terminated ``with prejudice'' should be denied, because the Commission
has previously declined to terminate investigations with prejudice. The
IA contended that the remainder of the motion complied with the
Commission's rules, so the investigation should be terminated in its
entirety without prejudice.
On October 16, 2014, the ALJ issued the subject ID, granting the
moving parties' motion to file a corrected motion and granting-in-part
the moving parties' corrected motion. The ALJ declined to terminate the
investigation ``with prejudice.'' The ALJ found that the remainder of
the motion complied with the Commission's rules. Specifically, the ALJ
found that the moving parties had submitted their settlement agreement,
and had stated that there were no other agreements, written or oral,
express or implied, between Freescale and Respondents concerning the
subject matter of the investigation, and that the termination of the
investigation does not impose any undue burden on the public health and
welfare, competitive conditions in the United States economy, the
production of like or directly competitive articles in the United
States, and United States consumers. The ALJ thus terminated the
investigation in its entirety without prejudice based on the settlement
agreement. No petitions for review of the ID were filed.
The Commission has determined not to review the subject ID.
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).
By order of the Commission.
Issued: November 14, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-27458 Filed 11-19-14; 8:45 am]
BILLING CODE 7020-02-P