[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75694-75695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30421]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-648]


Certain Semiconductor Integration Circuits Using Tungsten 
Metallization and Products Containing Same; Notice of Commission 
Decision To Dismiss the Investigation as Moot

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 issue an order dismissing the above-
captioned investigation as moot.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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 May 21, 2008, based on a complaint filed on April 18, 2008, by LSI 
Corporation of Milpitas, California and Agere Systems Inc. of 
Allentown, Pennsylvania. The complaint, as amended, 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 
semiconductor integrated circuits using tungsten metallization and 
products containing the same by reason of infringement of one or more 
of claims 1, 3, and 4 of U.S. Patent No. 5,227,335 (``the `335 
patent''). The amended complaint named numerous respondents. Several 
respondents were terminated from the investigation due to settlement or 
failure to name the proper party. The following six respondents

[[Page 75695]]

remained in the investigation: Tower Semiconductor, Ltd. of Israel; 
Jazz Semiconductor of Newport Beach, California; Powerchip 
Semiconductor Corporation of Taiwan; Grace Semiconductor Manufacturing 
Corporation of China; Integrated Device Technology, Inc. of San Jose, 
California; and Nanya Technology Corporation of Taiwan. The complaint 
further alleged that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    On March 22, 2010, the Commission issued notice of its final 
determination finding no violation, by reason of invalidity of the 
asserted claims of the `335 patent, of section 337 by the remaining 
respondents. Complainants appealed the Commission's final determination 
to the U.S. Court of Appeals for the Federal Circuit (``Federal 
Circuit'').
    While the appeal was pending, the `335 patent expired. The 
Commission moved to dismiss the appeal as moot and complainants 
responded. On November 15, 2010, the Federal Circuit issued an order 
vacating the Commission's final determination and remanding the 
investigation to the Commission with instructions to dismiss the 
investigation as moot. LSI Corp v. United States Int'l Trade 
Commission, Appeal No. 10-1352 (Fed. Cir. Nov. 15, 2010). Accordingly, 
the Commission has determined to issue an order dismissing 
Investigation No. 337-TA-648 as 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 section 210.41 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.41).

    By order of the Commission.

    Issued: November 30, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-30421 Filed 12-3-10; 8:45 am]
BILLING CODE 7020-02-P