[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28060-28061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11973]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-669]
In the Matter of Certain Optoelectronic Devices, Components
Thereof, and Products Containing the Same; Notice of Commission
Decision Not To Review a Final Initial Determination Finding a
Violation of Section 337; Request for Written Submissions Regarding
Remedy, Bonding, and the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review a final initial determination
(``ID'') of the presiding administrative law judge (``ALJ'') finding a
violation of section 337 in the above-captioned investigation, and is
requesting written submissions regarding remedy, bonding, and the
public interest.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2310. 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 March 10, 2009 based on a complaint filed on February 3, 2009, by
Avago Technologies Fiber IP (Singapore) Pte. Ltd. of Singapore; Avago
Technologies General IP (Singapore) Pte. Ltd. of Singapore; and Avago
Technologies Ltd. of San Jose, California. 74 FR 10278-79 (March 10,
2009). The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 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
optoelectronic devices, components thereof, or products containing the
same by reason of infringement of certain claims of U.S. Patent Nos.
5,359,447 (``the `447 patent'') and 5,761,229 (``the `229 patent'').
The complaint further alleges that an industry in the United States
exists as required by subsection (a)(2) of section 337. The complaint
names a single respondent, Emcore Corporation (``Emcore'') of
Albuquerque, New Mexico.
On December 7, 2009, the Commission issued notice of its
determination not to review the ALJ's ID granting complainants' motion
for summary determination on ownership of the asserted patents.
On March 12, 2010, the ALJ issued his final ID finding a violation
of section 337 by Emcore by reason of infringement of one or more of
claims 1, 2, 3, and 5 of the `447 patent. The ALJ found no violation of
section 337 with respect to the `229 patent. He also issued his
recommendation on remedy and bonding during the period of Presidential
review. On March 29, 2010, Emcore and the Commission investigative
attorney (``IA'') filed petitions for review of the final ID. The IA
and complainants filed responses to the petitions on April 6, 2010. The
Commission has determined not to review the subject ID.
In connection with the final disposition of this investigation, the
Commission may issue an order that results in the exclusion of the
subject articles from entry into the United States. 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 either are adversely affecting it or likely to do so. For
background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
When 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
[[Page 28061]]
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.
When the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See section 337(j), 19 U.S.C.
1337(j) and the Presidential Memorandum of July 21, 2005. 70 FR 43251
(July 26, 2005). During this period, the subject articles would be
entitled to enter the United States under bond, in an amount determined
by the Commission. The Commission is therefore interested in receiving
submissions concerning the amount of the bond that should be imposed if
a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding, and such submissions should address the recommended
determination by the ALJ on remedy and bonding. The complainant and the
IA are also requested to submit proposed remedial orders for the
Commission's consideration. Complainant is also requested to state the
dates that the patents at issue expire and the HTSUS numbers under
which the accused articles are imported. The written submissions and
proposed remedial orders must be filed no later than close of business
on May 24, 2010. Reply submissions must be filed no later than the
close of business on June 1, 2010. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
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 by the Commission is sought will be
treated accordingly. All nonconfidential written submissions will be
available for public inspection at the Office of the Secretary.
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 210.42-46 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.42-46.
By order of the Commission.
Issued: May 13, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-11973 Filed 5-18-10; 8:45 am]
BILLING CODE 7020-02-P