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)
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14160-14161 | |
| FR Document | 2015-06170 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![14160 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
International Trade Commission, on covering the other issues of the notice of investigation. Extensions of
March 11, 2015, ordered that — investigation. time for submitting responses to the
(1) Pursuant to subsection (b) of (4) For the purpose of the complaint and the notice of
section 337 of the Tariff Act of 1930, as investigation so instituted, the following investigation will not be granted unless
amended, an investigation be instituted are hereby named as parties upon which good cause therefor is shown.
to determine whether there is a this notice of investigation shall be Failure of a respondent to file a timely
violation of subsection (a)(1)(B) of served: response to each allegation in the
section 337 in the importation into the (a) The complainant is: complaint and in this notice may be
United States, the sale for importation, Andrea Electronics Corp., 65 Orville deemed to constitute a waiver of the
or the sale within the United States after Drive, Suite One, Bohemia, NY right to appear and contest the
importation of certain audio processing 11716. allegations of the complaint and this
hardware and software and products (b) The respondents are the following notice, and to authorize the
containing same by reason of entities alleged to be in violation of administrative law judge and the
infringement of one or more of claims section 337, and are the parties upon Commission, without further notice to
1–28 of the ’898 patent; claims 1–16 of which the complaint is to be served: the respondent, to find the facts to be as
the ’923 patent; claims 1–12 and 25–37 Acer Inc., 8F, 88, Sec. 1, Xintai 5th Rd. alleged in the complaint and this notice
of the ’607 patent; claims 1–25, 38–40, Xixhi, New Taipei City 221, Taiwan and to enter an initial determination
and 42–47 of the ’345 patent; and claims Acer America Corp., 333 West San and a final determination containing
1–14 of the ’637 patent, and whether an Carlos Street, Suite 1500, San Jose, such findings, and may result in the
industry in the United States exists as CA 95110 issuance of an exclusion order or a cease
required by subsection (a)(2) of section ASUSTeK Computer Inc., No. 15, Li-Te and desist order or both directed against
337; Rd., Beitou District, Taipei 112, the respondent.
(2) Pursuant to Commission Rule Taiwan By order of the Commission.
ASUS Computer International, 800
210.50(b)(1), 19 CFR 210.50(b)(1), the Issued: March 12, 2015.
Corporate Way, Fremont, CA 94539
presiding administrative law judge shall Lisa R. Barton,
Dell Inc., One Dell Way, Round Rock,
take evidence or other information and Secretary to the Commission.
TX 78682
hear arguments from the parties and
Hewlett Packard Co., 3000 Hanover [FR Doc. 2015–06081 Filed 3–17–15; 8:45 am]
other interested persons with respect to
Street, Palo Alto, CA 94304–1185 BILLING CODE 7020–02–P
the public interest in this investigation, Lenovo Group Ltd., Shangdi
as appropriate, and provide the Information Industry Base, No 6
Commission with findings of fact and a Chuang Ye Road, Haidan District, INTERNATIONAL TRADE
recommended determination on this 100085 Beijing, China COMMISSION
issue, which shall be limited to the Lenovo Holding Co., Inc., 1009 Think
statutory public interest factors, 19 [Investigation No. 337–TA–916]
Place, Morrisville, NC 27650
U.S.C. 1337(d)(1), (f)(1), (g)(1); Lenovo (United States) Inc., 1009 Think Certain Non-Volatile Memory Chips
(3) Notwithstanding any Commission Place, Morrisville, NC 27650 and Products Containing the Same;
Rules that would otherwise apply, the Toshiba Corp., 1–1, Shibaura 1-chome, Commission Determination Not To
presiding Administrative Law Judge Toshiba Building, Minato-Ku, Review an Initial Determination
shall hold an early evidentiary hearing, Tokyo 105–8001, Japan Terminating the Investigation Based
find facts, and issue an early decision, Toshiba America, Inc., 1251 Avenue of on a Settlement Agreement
as to whether the complainant has the Americas, Suite 4110, New
standing to assert each of the asserted York, NY 10020 AGENCY: U.S. International Trade
patents. Any such decision shall be in Toshiba America Information Systems, Commission.
the form of an initial determination (ID). Inc., 9740 Irvine Boulevard, Irvine, ACTION: Notice.
Petitions for review of such an ID shall CA 92618
be due five calendar days after service Realtek Semiconductor Corp., No. 2, SUMMARY: Notice is hereby given that
of the ID; any replies shall be due three Innovation Road II, Hsinchu the U.S. International Trade
business days after service of a petition. Science Park, Hsinchu 300, Taiwan Commission has determined not to
The ID will become the Commission’s (c) The Office of Unfair Import review an initial determination (‘‘ID’’)
final determination 30 days after the Investigations, U.S. International Trade (Order No. 30) granting a joint motion
date of service of the ID unless the Commission, 500 E Street SW., Suite to terminate the above-captioned
Commission determines to review the 401, Washington, DC 20436; and investigation based on a settlement
ID. Any such review will be conducted (5) For the investigation so instituted, agreement.
in accordance with Commission Rules the Chief Administrative Law Judge, FOR FURTHER INFORMATION CONTACT:
210.43, 210.44, and 210.45, 19 CFR U.S. International Trade Commission, Clark S. Cheney, Office of the General
210.43, 210.44, and 210.45. The shall designate the presiding Counsel, U.S. International Trade
Commission expects the issuance of an Administrative Law Judge. Commission, 500 E Street SW.,
early ID relating to the standing issues Responses to the complaint and the Washington, DC 20436, telephone (202)
within 100 days of institution, except notice of investigation must be 205–2661. Copies of all non-confidential
that the presiding ALJ may grant a submitted by the named respondents in documents filed in connection with this
mstockstill on DSK4VPTVN1PROD with NOTICES
limited extension of the ID for good accordance with section 210.13 of the investigation are or will be available for
cause shown. The issuance of an early Commission’s Rules of Practice and inspection during official business
ID finding complainant does not have Procedure, 19 CFR 210.13. Pursuant to hours (8:45 a.m. to 5:15 p.m.) in the
standing to assert the asserted patents 19 CFR 201.16(e) and 210.13(a), such Office of the Secretary, U.S.
shall stay the investigation unless the responses will be considered by the International Trade Commission, 500 E
Commission orders otherwise; any other Commission if received not later than 20 Street SW., Washington, DC 20436,
decision shall not stay the investigation days after the date of service by the telephone 202–205–2000. General
or delay the issuance of a final ID Commission of the complaint and the information concerning the Commission
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![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices 14161
may also be obtained by accessing its settlement agreement would impose any respondents. The ALJ rejected the
Internet server (http://www.usitc.gov). undue burdens on public health and respondents’ arguments that the public
The public record for this investigation welfare, competitive conditions in the interest stands in the way of relief for
may be viewed on the Commission’s U.S. economy, the production of like or the complainants. This notice is
electronic docket (EDIS) at http:// directly competitive articles in the soliciting public interest comments from
edis.usitc.gov/. Hearing-impaired United States, or U.S. consumers. To the the public only. Parties are to file public
persons are advised that information on contrary, the ALJ found that termination interest submissions pursuant to 19 CFR
the matter can be obtained by contacting is in the public interest because it 210.50(a)(4).
the Commission’s TDD terminal on 202– would avoid needless litigation and FOR FURTHER INFORMATION CONTACT:
205–1810. conserve public resources. Sidney A. Rosenzweig, Office of the
SUPPLEMENTARY INFORMATION: The The ALJ found that Spansion and General Counsel, U.S. International
Commission instituted this investigation Macronix filed a confidential and public Trade Commission, 500 E Street SW.,
on June 4, 2014, based on a complaint version of the settlement agreement in Washington, DC 20436, telephone (202)
filed by Spansion LLC (‘‘Spansion’’). 79 compliance with Commission Rule 708–2532. Copies of non-confidential
FR 32312–13 (June 4, 2014). The 210.21(b). The ALJ additionally found documents filed in connection with this
complaint alleged violations of section that because the settlement agreement at investigation are or will be available for
337 of the Tariff Act of 1930, as issue is confidential between Spansion inspection during official business
amended (19 U.S.C. 1337), in the and Macronix, there was good cause to hours (8:45 a.m. to 5:15 p.m.) in the
importation into the United States, the limit service of that agreement to Office of the Secretary, U.S.
sale for importation, and the sale within Spansion, the Macronix respondents, International Trade Commission, 500 E
the United States after importation of and the IA. No petitions for review of Street SW., Washington, DC 20436,
certain non-volatile memory chips and the ID were filed. telephone (202) 205–2000. General
products containing the same by reason The Commission has determined not information concerning the Commission
of infringement of four U.S. patents. The to review the ID. may also be obtained by accessing its
notice of investigation named as The authority for the Commission’s Internet server at http://www.usitc.gov.
respondents Macronix International Co., determination is contained in section The public record for this investigation
Ltd.; Macronix Asia Limited; Macronix 337 of the Tariff Act of 1930, as may be viewed on the Commission’s
(Hong Kong) Co., Ltd.; Macronix amended (19 U.S.C. 1337), and in Part electronic docket (EDIS) at http://
America, Inc. (collectively, 210 of the Commission’s Rules of edis.usitc.gov. Hearing-impaired
‘‘Macronix’’); Acer Inc.; Acer America Practice and Procedure (19 CFR part persons are advised that information on
Corp.; ADT-Corp.; Amazon.com, Inc.; 210). this matter can be obtained by
ASRock Inc.; ASRock America, Inc.; By order of the Commission. contacting the Commission’s TDD
ASUSTeK Computer Inc.; Asus Issued: March 12, 2015. terminal on (202) 205–1810.
Computer International; Belkin Lisa R. Barton, SUPPLEMENTARY INFORMATION: Section
International, Inc.; D-Link Corporation; Secretary to the Commission. 337 of the Tariff Act of 1930 provides
D-Link Systems, Inc.; Leap Motion, Inc.; [FR Doc. 2015–06170 Filed 3–17–15; 8:45 am] that if the Commission finds a violation
Lowe’s Companies, Inc.; Lowe’s Home it shall exclude the articles concerned
BILLING CODE 7020–02–P
Centers, LLC (f/k/a Lowe’s Home from the United States:
Centers, Inc.); Microsoft Corp.; Nintendo unless, after considering the effect of such
Co., Ltd.; Nintendo of America, Inc.; INTERNATIONAL TRADE exclusion upon the public health and
Sercomm Corporation; Vonage Holdings COMMISSION welfare, competitive conditions in the United
Corp.; Vonage America Inc.; and Vonage States economy, the production of like or
Marketing LLC. [Investigation No. 337–TA–910] directly competitive articles in the United
On January 29, 2015, Spansion and all States, and United States consumers, it finds
respondents filed an unopposed motion Certain Television Sets, Television that such articles should not be excluded
to terminate the investigation based on Receivers, Television Tuners, and from entry.
a settlement agreement between Components Thereof, Capabilities and
19 U.S.C. 1337(d)(1). A similar
Spansion and Macronix. On the same Components Thereof; Request for
provision applies to cease and desist
day, Spansion and Macronix filed a Statements on the Public Interest
orders. 19 U.S.C. 1337(f)(1).
joint motion to limit service of their AGENCY: U.S. International Trade The Commission is interested in
settlement agreement pursuant to Commission. further development of the record on
Commission Rule 210.21(b)(1). On ACTION: Notice. the public interest in these
February 9, 2015, Commission investigations. Accordingly, members of
investigative attorney Monisha Deka SUMMARY: Notice is hereby given that the public are invited to file
(‘‘IA’’) filed a response in support of the presiding administrative law judge submissions of no more than five (5)
both motions. has issued a Final Initial Determination pages, inclusive of attachments,
On February 18, 2015, the ALJ issued on Violation of Section 337 and concerning the public interest in light of
the subject ID granting both motions and Recommended Determination on the administrative law judge’s
terminating the investigation. The ALJ Remedy and Bond in the above- Recommended Determination on
noted the parties’ assertion that the captioned investigation. The Remedy and Bond issued in this
mstockstill on DSK4VPTVN1PROD with NOTICES
settlement agreement between Spansion Commission is soliciting comments investigation on February 27, 2015.
and Macronix fully resolves the from the public on public interest issues Comments should address whether
investigation with respect to all raised by the recommended relief, issuance of a limited exclusion order
respondents and that there are no other specifically that if the Commission were and/or cease and desist orders in this
agreements between the parties to find a violation of section 337, 19 investigation would affect the public
concerning the subject matter of this U.S.C. 1337, that the Commission issue health and welfare in the United States,
investigation. The ALJ further found no limited exclusion orders and cease and competitive conditions in the United
evidence that termination based on the desist orders directed to the States economy, the production of like
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Document Created: 2018-02-21 09:39:46
Document Modified: 2018-02-21 09:39:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| 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 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. | |
| FR Citation | 80 FR 14160 |
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