80 FR 14160 - Certain Non-Volatile Memory Chips and Products Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 52 (March 18, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 30) granting a joint motion to terminate the above- captioned investigation based on a settlement agreement.

[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Pages 14160-14161]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06170]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-916]


Certain Non-Volatile Memory Chips and Products Containing the 
Same; Commission Determination Not To Review an Initial Determination 
Terminating the Investigation Based on a Settlement Agreement

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 an initial determination 
(``ID'') (Order No. 30) granting a joint motion to terminate the above-
captioned investigation based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2661. Copies of all 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

[[Page 14161]]

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 this investigation 
on June 4, 2014, based on a complaint filed by Spansion LLC 
(``Spansion''). 79 FR 32312-13 (June 4, 2014). The complaint alleged 
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 non-volatile memory chips and products containing the same by 
reason of infringement of four U.S. patents. The notice of 
investigation named as respondents Macronix International Co., Ltd.; 
Macronix Asia Limited; Macronix (Hong Kong) Co., Ltd.; Macronix 
America, Inc. (collectively, ``Macronix''); Acer Inc.; Acer America 
Corp.; ADT-Corp.; Amazon.com, Inc.; ASRock Inc.; ASRock America, Inc.; 
ASUSTeK Computer Inc.; Asus Computer International; Belkin 
International, Inc.; D-Link Corporation; D-Link Systems, Inc.; Leap 
Motion, Inc.; Lowe's Companies, Inc.; Lowe's Home Centers, LLC (f/k/a 
Lowe's Home Centers, Inc.); Microsoft Corp.; Nintendo Co., Ltd.; 
Nintendo of America, Inc.; Sercomm Corporation; Vonage Holdings Corp.; 
Vonage America Inc.; and Vonage Marketing LLC.
    On January 29, 2015, Spansion and all respondents filed an 
unopposed motion to terminate the investigation based on a settlement 
agreement between Spansion and Macronix. On the same day, Spansion and 
Macronix filed a joint motion to limit service of their settlement 
agreement pursuant to Commission Rule 210.21(b)(1). On February 9, 
2015, Commission investigative attorney Monisha Deka (``IA'') filed a 
response in support of both motions.
    On February 18, 2015, the ALJ issued the subject ID granting both 
motions and terminating the investigation. The ALJ noted the parties' 
assertion that the settlement agreement between Spansion and Macronix 
fully resolves the investigation with respect to all respondents and 
that there are no other agreements between the parties concerning the 
subject matter of this investigation. The ALJ further found no evidence 
that termination based on the settlement agreement would impose any 
undue burdens on public health and welfare, competitive conditions in 
the U.S. economy, the production of like or directly competitive 
articles in the United States, or U.S. consumers. To the contrary, the 
ALJ found that termination is in the public interest because it would 
avoid needless litigation and conserve public resources.
    The ALJ found that Spansion and Macronix filed a confidential and 
public version of the settlement agreement in compliance with 
Commission Rule 210.21(b). The ALJ additionally found that because the 
settlement agreement at issue is confidential between Spansion and 
Macronix, there was good cause to limit service of that agreement to 
Spansion, the Macronix respondents, and the IA. No petitions for review 
of the ID were filed.
    The Commission has determined not to review the 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: March 12, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-06170 Filed 3-17-15; 8:45 am]
 BILLING CODE 7020-02-P