Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 9355 

cease and desist order or both directed 

against the respondent. 

Issued: February 23, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3585 Filed 2–28–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–585] 

In the Matter of Certain Engines, 

Components Thereof, and Products 

Containing the Same; Notice of 

Commission Determination Not To 

Review ALJ Order No. 6 Granting 

Complainant’s Motion To Amend the 

Complaint and Notice of Investigation 

by Adding a Respondent 

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’’) of 

the presiding administrative law judge 

(‘‘ALJ’’) (Order No. 6) granting 

complainant’s motion to amend the 

complaint and the notice of 

investigation to add respondent Wuxi 

Kama Power Co. Ltd. to the 

investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michael Liberman, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone 202–

205–3152. Copies of the ID and all other 

nonconfidential 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. Hearingimpaired persons are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on 202–

205–1810. 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. 

SUPPLEMENTARY INFORMATION: On 

October 19, 2006, the Commission 

instituted an investigation under section 

337 of the Tariff Act of 1930, 19 U.S.C. 

1337, based on a complaint filed by 

American Honda Motor Company, Inc. 

of Torrance, California, alleging a 

violation of section 337 in the 

importation, sale for importation, and 

sale within the United States after 

importation of certain engines, 

components thereof, and products 

containing the same by reason of 

infringement of certain claims of U.S. 

Patent Nos. 5,706,769 and 6,250,273. 71 

FR 61799 (Oct. 19, 2006). The 

complainant named Wuxi Kipor Power 

Co., Ltd. of Jiangsu, China as a 

respondent. 

On January 24, 2007, the ALJ issued 

Order No. 6 granting complainant’s 

motion to amend the complaint and the 

notice of investigation to add Wuxi 

Kama Power Co. Ltd. as a respondent to 

the investigation. No party petitioned 

for review of Order No. 6, and the 

Commission has determined not to 

review it. 

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 210.42(h) of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42(h)). 

By order of the Commission. 

Issued: February 23, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3587 Filed 2–28–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–556] 

In the Matter of Certain HighBrightness Light Emitting Diodes and 

Products Containing Same; Notice of 

Commission Decision To Review-inPart a Final Initial Determination 

Finding a Violation of Section 337 and 

To Grant a Motion To Strike 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to reviewin-part a final initial determination 

(‘‘ID’’) of the presiding administrative 

law judge (‘‘ALJ’’) finding a violation of 

section 337 by the respondent’s 

products in the above-captioned 

investigation. The Commission has also 

granted respondent’s motion to strike 

complainant’s arguments that are based 

on evidence that was excluded by the 

ALJ. 

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) 

708–5468. 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 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 (‘‘Lumileds’’) 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 (‘‘LEDs’’) and 

products containing same by reason of 

infringement of claims 1 and 6 of U.S. 

Patent No. 5,008,718 (‘‘the ‘718 patent’’); 

claims 1–3, 8–9, 16, 18, and 23–28 of 

U.S. Patent No. 5,376,580 (‘‘the ‘580 

patent’’); and claims 12–16 of U.S. 

Patent No. 5,502,316 (‘‘the ‘316 patent’’). 

The complaint further alleges the 

existence of a domestic industry. The 

Commission’s notice of investigation 

named Epistar Corporation (‘‘Epistar’’) 

of Hsinchu, Taiwan, and United Epitaxy 

Company (‘‘UEC’’) of Hsinchu, Taiwan 

as respondents. 

On April 28, 2006, Lumileds moved 

to amend the complaint to: (1) Remove 

UEC as a named respondent, (2) change 

the complainant’s full name from 

Lumileds Lighting U.S., LLC to Philips 

Lumileds Lighting Company LLC 

(‘‘Philips’’), and (3) identify additional 

Epistar LEDs alleged to infringe one or 

more patents-in-suit. Neither 

respondent opposed the motion. 

On May 15, 2006, the Commission 

issued a notice determining not to 

review an ID (Order No. 14) granting the 

complainant’s motion for partial 

summary determination to dismiss 


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9356 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 

Epistar’s affirmative defense that the 

‘718 claims are invalid. 

On August 2, 2006, the still pending 

motion to amend the complaint was 

discussed with the parties during the 

prehearing conference, and the 

evidentiary hearing was held from 

August 2–11, 2006. On October 23, 

2006, the ALJ issued an ID (Order No. 

29) granting Lumileds’ motion to amend 

the complaint, and further ordering that 

the Notice of Investigation be amended 

to identify Philips as the complainant 

and to remove UEC as a named 

respondent. On November 13, 2006, the 

Commission published a notice 

determining not to review Order No. 29. 

71 F R 66195. 

On December 13, 2006, the 

Commission issued a notice 

determining not to review an ID (Order 

No. 31) extending the target date for this 

investigation to May 8, 2007, and the 

deadline for the ALJ’s final initial 

determination to January 8, 2007. 

On January 8 and 11, 2007, the ALJ 

issued his final ID and recommended 

determinations on remedy and bonding, 

respectively. The ALJ found a violation 

of section 337 based on his findings that 

the respondent’s accused products 

infringe one or more of the asserted 

claims of the patents at issue. On 

January 22, 2007, the complainant and 

the respondent each filed a petition for 

review of the final ID. On January 29, 

2007, all parties, including the 

Commission investigative attorney, filed 

responses to the petitions for review. 

Upon considering the parties’ filings, 

the Commission has determined to 

review-in-part the ID. Specifically, with 

respect to the ‘718 patent, the 

Commission has determined to review 

claim construction of the terms 

‘‘substrate’’ and ‘‘semiconductor 

substrate’’ in claims 1 and 6, and the 

ALJ’s determination that Epistar’s GB I, 

GB II, OMA I, and OMA II LEDs do not 

infringe the ‘718 patent. With respect to 

the ‘580 and ‘316 patents, the 

Commission has determined to review 

claim construction of the term ‘‘wafer 

bonding’’ in claims 1–3, 8–9, 16, 18, 23–

25, 27 and 28 of the ‘580 patent and 

claims 12–14 and 16 of the ‘’316 patent. 

The Commission has determined not to 

review the remainder of the ID. On 

January 25, 2007, the respondent filed a 

motion to strike certain portions of 

complainant’s petition for review. The 

Commission has determined to grant 

this motion to the extent that it concerns 

arguments that are based on evidence 

excluded by the ALJ. 

On review, with respect to violation, 

the parties are requested to submit 

briefing limited to the following issues: 

the ALJ’s addition of the limitation 

‘‘must also be a material that provides 

adequate mechanical support for the 

LED device’’ to the construction of the 

term ‘‘substrate,’’ and the implications 

of this addition for the infringement 

analysis. In addressing these issues, the 

parties are requested to cite relevant 

authority. 

In connection with the final 

disposition of this investigation, the 

Commission may issue an order that 

results in the exclusion of the subject 

articles from entry into the United 

States. Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

When the Commission contemplates 

some form of remedy, it must consider 

the effects of that remedy upon the 

public interest. The factors the 

Commission will consider include the 

effect that an exclusion order and/or 

cease and desist orders would have on 

(1) The public health and welfare, (2) 

competitive conditions in the U.S. 

economy, (3) U.S. production of articles 

that are like or directly competitive with 

those that are subject to investigation, 

and (4) U.S. consumers. The 

Commission is therefore interested in 

receiving written submissions that 

address the aforementioned public 

interest factors in the context of this 

investigation. 

When the Commission orders some 

form of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission and 

prescribed by the Secretary of the 

Treasury. The Commission is therefore 

interested in receiving submissions 

concerning the amount of the bond that 

should be imposed if a remedy is 

ordered. 

Written Submissions: The written 

submissions reference above should be 

concise and thoroughly referenced to 

the record in this investigation. Also, 

parties to the investigation, interested 

government agencies, and any other 

interested parties are encouraged to file 

written submissions on the issues of 

remedy, the public interest, and 

bonding. Such submissions should be 

no more than twenty-five (25) pages and 

should address the recommended 

determination by the ALJ on remedy 

and bonding. The complainant and the 

Commission investigative attorney are 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainants are also 

requested to state the dates that the 

patents at issue expire and the HTSUS 

numbers under which the accused 

products are imported. All of the 

written submissions and proposed 

remedial orders must be filed no later 

than close of business on March 5, 2007. 

Reply submissions must be filed no later 

than the close of business on March 12. 

No further submissions on these issues 

will be permitted unless otherwise 

ordered by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 of the Commission’s 

Rules of Practice and Procedure, 19 CFR 

210.42–46. 

Issued: February 22, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3541 Filed 2–28–07; 8:45 am] 

BILLING CODE 7020–02–P 


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