[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Notices]
[Page 63640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25280]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-922]


Certain Devices Containing Non-Volatile Memory and Products 
Containing the Same; Commission's Determination Not To Review an 
Initial Determination Granting Complainants' Motion To Amend the 
Complaint and Notice of Investigation

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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 9) 
granting Complainants' motion to amend the Complaint and Notice of 
Investigation.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. 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 August 4, 2014, based on a complaint filed on behalf of Macronix 
International Co., Ltd. of Taiwan and Macronix America, Inc., of 
Milpitas, California (collectively ``Complainants''). 79 FR 45221 (Aug. 
4, 2014). The complaint alleged violations of Section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, in the sale for importation, 
importation, or sale within the United States after importation of 
certain devices containing non-volatile memory and products containing 
the same by reason of infringement of certain claims of U.S. Patent No. 
5,998,826 (``the '826 patent''); U.S. Patent No. 6,031,757; U.S. Patent 
No. 8,341,324; and U.S. Patent No. 8,341,330. The notice of 
investigation named Spansion Inc. of Sunnyvale, California; Spansion 
LLC of Sunnyvale, California; Spansion (Thailand) Ltd. of Nonthaburi, 
Thailand; Aerohive Networks, Inc. of Sunnyvale, California; Ciena 
Corporation of Hanover, Maryland; Delphi Automotive PLC of Kent, United 
Kingdom; Delphi Automotive Systems, LLC of Troy, Michigan; Polycom, 
Inc. of San Jose, California; Ruckus Wireless, Inc. of Sunnyvale, 
California; ShoreTel Inc. of Sunnyvale, California; Tellabs, Inc. of 
Naperville, Illinois; Tellabs North America, Inc. of Naperville, 
Illinois; TiVo Inc. of San Jose, California; and Allied Telesis, Inc. 
of Bothell, Washington as respondents. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to the 
investigation.
    On September 5, 2014, Complainants filed a motion to amend the 
Complaint and Notice of Investigation to add allegations of 
infringement for claims 6 and 14 of the '826 patent. On September 17, 
2014, OUII filed a response in support of the motion and Respondents 
filed a response opposing the motion.
    On October 3, 2014, the ALJ granted Complainants' motion. The ALJ 
found that good cause exists to amend the Complaint. He further found 
that Respondents failed to argue that they would suffer any prejudice. 
No petitions for review were filed.
    The Commission has determined not to review the subject ID.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
Part 210).

    By order of the Commission.

    Issued: October 20, 2014
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-25280 Filed 10-23-14; 8:45 am]
BILLING CODE 7020-02-P