[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Notices]
[Pages 60109-60110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20572]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-510; Enforcement Proceeding]


In the Matter of Systems for Detecting and Removing Viruses or 
Worms, Components Thereof, and Products Containing Same; Notice of 
Institution of Formal Enforcement Proceeding

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to a 
cease and desist order issued at the conclusion of the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, 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 public 
version 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. 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). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation 
was instituted by the Commission on June 3, 2004, based on a complaint 
filed by Trend Micro Inc. (``Trend Micro'') of Cupertino, California. 
69 FR 32044-32045 (June 8, 2004). The complaint alleged violations of 
section 337 in the importation into the United States, the sale for 
importation into the United States, or the sale within the United 
States after importation of certain systems for detecting and removing 
viruses or worms, components thereof,

[[Page 60110]]

and products containing same by reason of infringement of claims 1-22 
of the `600 patent. The notice of investigation named Fortinet, Inc. 
(``Fortinet'') of Sunnyvale, California as the sole respondent.
    On May 9, 2005, the ALJ issued his final ID finding a violation of 
section 337 based on his findings that claims 4, 7, 8, and 11-15 of the 
`600 patent are not invalid or unenforceable, and are infringed by 
respondent's products. The ALJ also found that claims 1 and 3 of the 
`600 patent are invalid as anticipated by prior art and that a domestic 
industry exists. He also issued his recommended determination on remedy 
and bonding.
    On July 8, 2005, the Commission issued a notice that it had 
determined not to review the ALJ's final ID on violation, thereby 
finding a violation of Section 337. 70 FR 40731 (July 14, 2005). The 
Commission also requested briefing on the issues of remedy, the public 
interest, and bonding. Id. Submissions on the issues of remedy, the 
public interest, and bonding were filed on July 18, 2005, by all 
parties. All parties filed response submissions on July 25, 2005. On 
August 8, 2005, the Commission terminated the investigation, and issued 
a limited exclusion order and a cease and desist order covering 
respondent's systems for detecting and removing viruses or worms, 
components thereof, and products containing same covered by claims 4, 
7, 8, and 11-15 of the `600 patent.
    On September 13, 2005, complainant Trend Micro Inc. filed a 
complaint for enforcement proceedings of the Commission's remedial 
orders. Trend Micro asserts that respondent Fortinet, and its 
distributors, have circumvented the cease and desist order by 
continuing to advertise, market, sell and offer for sale in the United 
States the imported infringing products and antivirus features of 
Fortinet's infringing software.
    The Commission, having examined the complaint seeking a formal 
enforcement proceeding, and having found that the complaint complies 
with the requirements for institution of a formal enforcement 
proceeding contained in Commission rule 210.75, has determined to 
institute formal enforcement proceedings to determine whether Fortinet 
is in violation of the Commission's cease and desist order issued in 
the investigation, and what if any enforcement measures are 
appropriate. The following entities are named as parties to the formal 
enforcement proceeding: (1) Complainant Trend Micro, (2) respondent 
Fortinet, and (3) a Commission investigative attorney to be designated 
by the Director, Office of Unfair Import Investigations.
    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 Sec.  210.75 of the Commission's Rules of Practice and Procedure (19 
CFR 210.75).

    By order of the Commission.

    Issued: October 7, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-20572 Filed 10-13-05; 8:45 am]
BILLING CODE 7020-02-P