[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2098-2099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-559]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-624]


In the Matter of: Certain Systems for Detecting and Removing 
Viruses or Worms, Components Thereof, and Products Containing Same; 
Notice of a Commission Determination Not To Review an Initial 
Determination Terminating the Investigation Based on a Cross-Licensing 
Agreement

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 an initial determination 
(``ID'') (Order No. 26) of the presiding administrative law judge 
(``ALJ'') terminating the above-captioned investigation based on a 
cross-licensing agreement.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., telephone 202-
708-2310, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. Copies of all 
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. 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 the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 31, 2007, based on a complaint filed on November 21, 2007, 
by Trend Micro Incorporated (``Trend Micro'') of Cupertino, California. 
72 FR 74329-30. The complaint alleges violations of section 337 of the 
Tariff Act of 1930 (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 systems for detecting and removing viruses 
or worms, components thereof, and products containing same by reason of 
infringement of claims 2 and 4-22 of U.S. Patent No. 5,623,600 (``the 
'600 patent''). The complaint named three respondents: Barracuda 
Networks, Inc. of Campbell, CA (``Barracuda''); Panda Software 
International S.L. of Spain; and Panda Distribution, Inc. of Glendale, 
CA (collectively ``Panda''). The complaint further alleged that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    On March 14, 2008, the Commission issued notice of its 
determination not to review an ID granting Trend Micro's and Panda's 
joint motion to terminate the investigation as to Panda on the basis of 
a settlement agreement. On July 11, 2008, the Commission issued notice 
of its determination not to review an ID granting Trend Micro's motion 
to terminate the investigation in part on the basis of withdrawal of 
claims 2, 5-8, 12, 16-17, 20, and 22 of the '600 patent. On September 
29, 2008, the Commission issued notice of its determination not to 
review an ID granting Trend Micro's motion to terminate the 
investigation in part on the basis of withdrawal of claims 14, and 18-
19 of the '600 patent.
    On October 16, 2008, Trend Micro and Barracuda filed a joint motion 
to terminate the investigation on the basis of a cross-licensing 
agreement.
    The ALJ issued the subject ID on December 10, 2008, granting the 
joint motion to terminate. 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 to terminate the 
investigation in its entirety.
    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(a) and 210.42(h)(3) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21(a), 210.42(h)(3)).

    By order of the Commission.


[[Page 2099]]


    Issued: January 8, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-559 Filed 1-13-09; 8:45 am]
BILLING CODE 7020-02-P