[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Notices]
[Pages 5890-5891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2696]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-414]


Certain Semiconductor Memory Devices and Products Containing 
Same; Notice of Commission Decision to Review An Initial Determination 
Finding No Violation of Section 337 of the Tariff Act of 1930

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 review in its entirety a final initial 
determination (ID) finding no violation of section 337 of the Tariff 
Act of 1930, as amended, in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT:  Clara Kuehn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone (202) 205-3012. Hearing-
impaired 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).

SUPPLEMENTARY INFORMATION: The Commission ordered the institution of 
this investigation on September 18, 1998, based on a complaint filed on 
behalf of Micron Technology, Inc., of Boise, Idaho (``complainant''). 
Respondents are Mosel Vitelic, Inc., of Hsinchu City, Taiwan and Mosel 
Vitelic Corp. of San Jose, California. The notice of investigation was 
published in the Federal Register on September 25, 1998. 63 FR 51372 
(1998).
    The complaint alleged violations of section 337 in the importation, 
sale for importation, and sale after importation of certain 
semiconductor memory devices and products containing same that infringe 
claims of U.S. Letters Patents Nos. 5,514,245; 4,992,137; 4,436,584; 
and 5,486,129. Id. On May 17, 1999, the presiding administrative law 
judge (ALJ) granted complainant's motion for termination of the 
investigation as to the 245 patent. Complainant's current allegations 
of infringement concern 18 claims of the 137 patent, six claims of the 
584 patent, and one claim of the 129 patent. An evidentiary hearing was 
held from May 19 through June 2, 1999.
    The ALJ issued his final ID on November 29, 1999, concluding that 
there was no violation of section 337, based on the following findings: 
(a) complainant failed to establish the requisite domestic industry 
showing for any of the three patents at issue; (b) all asserted claims 
of the patents are invalid; (c) none of the asserted claims of the 
patents are infringed; and (d) all of the patents are unenforceable for 
inequitable conduct. On December 13, 1999, the ALJ issued his 
recommended determination on remedy and bonding, in the event the 
Commission concludes there is a violation of section 337.
    On December 10, 1999, complainant filed a petition for review of 
the ID. The Commission investigative attorney (IA) also petitioned for 
review of the ID. On December 17, 1999, respondents and the IA filed 
responses to the petitions for review.
    Having examined the record in this investigation, including the ID, 
the petitions for review, and the responses thereto, the Commission has 
determined to review the ID in its entirety. The Commission has also 
determined to review two procedural issues: (1) whether the ALJ erred 
in considering respondents' inequitable conduct allegation that the 
inventors of the 137 patent intentionally concealed their best mode of 
practicing their invention; and (2) with respect to the 137 patent, 
whether the ALJ erred in admitting into evidence videotapes provided by 
an expert witness that were not made available to complainant until 
after that expert's deposition.
    In connection with the final disposition of this investigation, the 
Commission may issue (1) an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
cease and desist orders that could result in respondents being required 
to cease and desist from engaging in unfair acts in the importation and 
sale of such articles. 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 that either 
are adversely affecting it or are likely to do so. For background 
information, see the

[[Page 5891]]

Commission Opinion, In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360.
    If 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.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount to be 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.

Written Submissions

    The parties to the investigation are requested to file written 
submissions on the issues under review. The submission should be 
concise and thoroughly referenced to the record in this investigation, 
including references to exhibits and testimony. Additionally, the 
parties to the investigation, interested government agencies, and any 
other interested persons are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the ALJ's December 13, 1999, recommended 
determination on remedy and bonding. Complainant and the Commission 
investigative attorney are also requested to submit proposed remedial 
orders for the Commission's consideration. The written submissions and 
proposed remedial orders must be filed no later than the close of 
business on February 15, 2000. Reply submissions must be filed no later 
than the close of business on February 22, 2000. No further submissions 
will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original and 14 true copies thereof on or before the 
deadlines stated above. Any person desiring to submit a document (or 
portion thereof) 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 201.6. Documents for which confidential treatment 
is granted by the Commission will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 
210.42-.45 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.45).
    Copies of the public version of the ALJ's 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.

    Issued: February 1, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-2696 Filed 2-4-00; 8:45 am]
BILLING CODE 7020-02-P