[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Page 47273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22131]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-556 (Remand)]


In the Matter of Certain High-Brightness Light-Emitting Diodes 
and Products Containing Same; Notice of a Commission Determination Not 
To Review an Initial Determination Terminating the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 5) of the presiding administrative law judge 
(``ALJ'') terminating the above-captioned investigation under section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337) based on withdrawal of 
the complaint.

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 December 8, 2005, based on a complaint filed by Lumileds Lighting 
U.S., LLC of San Jose, California. 70 FR 73026. The complaint, as 
amended and supplemented, 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 high-brightness light 
emitting diodes and products containing same by reason of infringement 
of claims 1 and 6 of U.S. Patent No. 5,008,718, claims 1-3, 8-9, 16, 
18, and 23-28 of U.S. Patent No. 5,376,580, and claims 12-16 of U.S. 
Patent No. 5,502,316. The complaint further alleged the existence of a 
domestic industry. The Commission's notice of investigation named 
Epistar Corporation of Hsinchu, Taiwan, and United Epitaxy Company of 
Hsinchu, Taiwan as respondents. Subsequently, respondents merged under 
the name Epistar Corporation (``Epistar'').
    The Commission terminated this investigation on May 9, 2007, 
finding a violation of section 337 and issuing a limited exclusion 
order directed to Epistar. Epistar appealed the Commission's 
determination to the U.S. of Appeals for the Federal Circuit. The Court 
issued its opinion on May 22, 2009, affirming in part, reversing in 
part, and remanding the investigation to the Commission. See Epistar 
Corp. v. United States Int'l Trade Comm'n, 566 F.3d 1321 (Fed. Cir. 
2009).
    On August 5, 2009, complainant moved to withdraw its complaint and 
terminate the investigation in its entirety.
    The ALJ issued the subject ID on August 18, 2009, granting the 
motion for termination of the investigation. No party petitioned for 
review of the ID pursuant to 19 CFR 210.43(a), and the Commission found 
no basis for ordering a review on its own initiative pursuant to 19 CFR 
210.44. The Commission has determined not to review the ID, and 
accordingly 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 210.21 and 210.42(h), (i) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.21, 210.42(h), (i).

    Issued: September 2, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-22131 Filed 9-14-09; 8:45 am]
BILLING CODE 7020-02-P