[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Pages 28284-28285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12103]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-564]
In the Matter of: Certain Voltage Regulators, Components Thereof
and Products Containing Same; Enforcement Proceeding; Notice of
Commission Determination Not To Review the Enforcement Initial
Determination; Schedule for Briefing on the Issues of Remedy, Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: The United States International Trade Commission hereby
provides notice that it has determined not to review the Enforcement
Initial Determination (``ID'') issued by the presiding administrative
law judge (``ALJ'') on March 18, 2010 in the above-captioned
investigation. Notice is further given that the Commission is
requesting briefing on remedy, the public interest, and bonding with
respect to the ID's findings and recommendations concerning enforcement
measures.
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. 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 the investigation
underlying this enforcement proceeding on March 22, 2006, based on a
complaint filed by Linear Technology Corporation (``Linear'') of
Milpitas, California. 71 FR 14545. The complaint, as supplemented,
alleged 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 voltage regulators, components thereof and products containing
the same, by reason of infringement of certain claims of United States
Patent No. 6,411,531 and of United States Patent No. 6,580,258 (``the
`258 patent''). The complaint named Advanced Analogic Technologies,
Inc. (``AATI'') of Sunnyvale, California as the sole respondent. After
Commission review of the administrative law judge's (``ALJ'') final ID,
the Commission determined that there was a violation of section 337 by
AATI with respect to certain asserted claims of the `258 patent and
issued a limited exclusion order (``LEO'') consistent with its findings
of violation. Subsequently, based on an enforcement complaint filed by
Linear, the Commission instituted an enforcement proceeding by notice
in the Federal Register on October 10, 2008.
On March 18, 2010, the ALJ issued the subject ID, finding that, due
to infringement of claims 2 and 34 of the `258 patent by the accused
products, AATI violated the LEO. AATI filed a petition for review of
certain aspects of the ID, and Linear filed a contingent petition for
review of the ID. AATI and Linear filed responses to each others'
petitions, and the Commission investigative attorney filed a joint
response to the private parties' petitions. Having reviewed the record
of the enforcement proceeding, including the petition for review and
the responses thereto, the Commission has determined not to review the
ID.
In connection with the final disposition of this proceeding, the
Commission may (1) modify the LEO and/or (2) issue a cease-and-desist
order that could result in the respondent being required to cease and
desist from engaging in unfair acts in the importation and sale of the
subject articles. Accordingly, the Commission is interested in
receiving written submissions that address the form of remedy, if any,
that should be ordered. The Commission is particularly interested in
receiving briefing regarding potential modifications to the LEO that
ensure exclusion of the products for which a violation was found. 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).
If 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 a modified
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 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.
If the Commission orders some form of remedy, the U.S. Trade
[[Page 28285]]
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See 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: The 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. All parties are requested to submit proposed remedial
orders for the Commission's consideration. Complainants are requested
to state the dates that the patents expire and the HTSUS numbers under
which the accused products are imported. The written submissions and
proposed remedial orders must be filed no later than close of business
on June 2, 2010. Reply submissions, if any, must be filed no later than
the close of business on June 11, 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 section 210.42 of the Commission's Rules of Practice and Procedure
(19 CFR 210.42).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-12103 Filed 5-19-10; 8:45 am]
BILLING CODE 7020-02-P