[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28724-28725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14204]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-629]


In the Matter of Certain Silicon Microphone Packages and Products 
Containing the Same; Notice of Commission Final Determination of 
Violation of Section 337; Issuance of a Limited Exclusion Order; 
Termination 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 that there is a violation of section 337 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1337) by respondent MEMS 
Technology Berhad of Malaysia (``MemsTech'') in the above-captioned 
investigation. The Commission has issued a limited exclusion order 
against the respondent and has terminated 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) 205-3116. 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 January 14, 2008, based on the complaint of Knowles Electronics, LLC 
of Itasca, Illinois (``Knowles''). 73 FR 2277 (Jan. 14, 2008). 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 silicon microphone packages or products 
containing same by reason of infringement of one or more of claims 1 
and 2 of U.S. Patent No. 6,781,231 (``the `231 patent''), and claims 1, 
2, 9, 10, 15, 17, 20, 28, and 29 of U.S. Patent No. 7,242,089 (``the 
`089 patent''). The only named respondent is MemsTech.
    The evidentiary hearing in this investigation was held on September 
22-25, 2008. On January 12, 2009, the presiding administrative law 
judge (``ALJ'') issued an Initial Determination on Violation of Section 
337 and Recommended Determination on Remedy and Bond, finding a 
violation of section 337. All parties to this investigation, including 
the Commission investigative attorney, filed timely petitions for 
review of various portions of the final ID, as well as timely responses 
to the petitions.
    The Commission determined to review various portions of the final 
ID and issued a Notice to that effect dated March 13, 2009. 74 FR 11748 
(Mar. 19, 2009). In the Notice, the Commission also set a schedule for 
the filing of written submissions on the issues under review, including 
certain questions posed by the Commission, and on remedy, the public 
interest, and bonding. The parties have briefed, with initial and reply 
submissions, the issues under review and the issues of remedy, the 
public interest, and bonding.
    On review, the Commission has determined as follows.
    (1) With respect to the `231 patent:
    (a) To affirm with modifications the ALJ's finding that MemsTech's 
accused products infringe claims 1 and 2 of the `231 patent;
    (b) to affirm with modifications the ALJ's determination that 
claims 1 and 2 of the `231 patent are not invalid due to anticipation 
or obviousness;
    (2) With respect to the `089 patent:
    (a) to affirm the ALJ's construction of the term ``electrically 
coupled'';
    (b) to affirm with modifications the ALJ's construction of the term 
``volume;''
    (c) to affirm with modifications the ALJ's finding that MemsTech 
accused products infringe the asserted claims of the `089 patent;
    (d) to affirm the ALJ's determination that Knowles SiSonic products 
practice claim 1 of the `089 patent;
    (e) to affirm with modifications the ALJ's determination that the 
asserted claims of the `089 patent are not invalid due to anticipation 
or obviousness;
    (f) to affirm the ALJ's determination that evidence shows that the 
commercial success of the SiSonic products is attributable to the `089 
patent.
    (3) to affirm the ALJ on any other findings under review except 
insofar as they are inconsistent with the opinion of the Commission.
    The Commission determined that the appropriate form of relief in 
this investigation is a limited exclusion order prohibiting the 
unlicensed entry of silicon microphone packages and products containing 
same that infringe claims 1 and 2 of U.S. Patent No. 6,781,231 and 
claims 1, 2, 9, 10, 15, 17, 20, 28, and 29 of U.S. Patent No. 
7,242,089, and that are manufactured abroad by or on behalf of, or 
imported by or on behalf of, MemsTech.
    The Commission further determined that the public interest factors 
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude 
issuance of the limited exclusion order. Finally, the Commission 
determined that there should be no bond during the period of 
Presidential review. The Commission's order was delivered to the 
President and the United States Trade Representative on the day of its 
issuance.
    The Commission has therefore terminated this investigation. 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 
sections 210.41-.42, 210.50 of the Commission's

[[Page 28725]]

Rules of Practice and Procedure (19 CFR 210.41-.42, 210.50).

    By order of the Commission.
    Issued: June 12, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-14204 Filed 6-16-09; 8:45 am]
BILLING CODE 7020-02-P