83 FR 3023 - Certain Memory Modules and Components Thereof, and Products Containing Same: Commission Determination To Review-in-Part an Initial Determination Finding No Violation of Section 337; on Review, To Take No Position on One Issue; Affirmance of the Finding of No Violation and Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 14 (January 22, 2018)

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337. On review, the Commission has determined to take no position on the issue under review. The Commission has also determined to affirm the ID's finding of no violation of section 337 and has terminated the investigation.

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Notices]
[Pages 3023-3024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00983]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1023]


Certain Memory Modules and Components Thereof, and Products 
Containing Same: Commission Determination To Review-in-Part an Initial 
Determination Finding No Violation of Section 337; on Review, To Take 
No Position on One Issue; Affirmance of the Finding of No Violation and 
Termination of the 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 to review-in-part a final initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding no violation of section 337. On review, the 
Commission has determined to take no position on the issue under 
review. The Commission has also determined to affirm the ID's finding 
of no violation of section 337 and has terminated the investigation.

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 https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 October 7, 2016, based on a

[[Page 3024]]

complaint filed on behalf of Netlist, Inc. of Irvine, California. 81 FR 
69853-54. The complaint, as supplemented, alleged violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of 
infringement of certain claims of the following U.S. Patent Nos.: 
8,756,364 (``the '364 patent''); 8,689,064; 8,516,185; 8,001,434 (``the 
'434 patent''); 8,359,501 (``the '501 patent''); and 8,489,837. The 
Commission's notice of investigation named SK Hynix Inc. of Gyeoonggi-
do, Republic of Korea; and SK Hynix America Inc. and SK Hynix Memory 
Solutions Inc., both of San Jose, California, as respondents. The 
Office of Unfair Import Investigations (``OUII'') is also a party to 
the investigation. Id.
    On May 31, 2017, the Commission issued notice of its determination 
not to review the ALJ's ID (Order No. 21) terminating the investigation 
as to the '364 patent based on partial withdrawal of the complaint.
    On November 14, 2017, the ALJ issued his final ID and recommended 
determination (RD) on remedy and bonding in one document. The ID finds, 
inter alia, that none of respondents' accused products infringe any of 
the remaining asserted patents. The ID also finds that claims 1-3 and 
5-7 of the '434 patent and claim 1 of the '501 patent are not invalid 
as anticipated in view of U.S. Patent Publication No. 2005/0257109 A1 
(``Averbuj'').
    On November 27, 2017, complainant and respondents petitioned for 
review of the final ID. On December 5, 2017, complainant, respondents, 
and OUII each filed a response in opposition to the opposing petition 
for review. On December 5, 2017, the Chairman granted respondents' 
motion for leave to refile its petition for review out of time.
    Having examined the record of this investigation, including the ID, 
the parties' petitions for review, and the responses thereto, the 
Commission has determined to review-in-part the final ID. Specifically, 
the Commission has determined to review the ID's finding that claims 1-
3 and 5-7 of the '434 patent and claim 1 of the '501 patent are not 
anticipated by Averbuj. The Commission has determined not to review the 
remainder of the final ID.
    On review, the Commission determines to take no position on the 
ID's finding that claims 1-3 and 5-7 of the '434 patent and claim 1 of 
the '501 patent are not invalid as anticipated in view of Averbuj. See 
Beloit Corp. v. Valmet Oy, 742 F.2d 1421 (Fed. Cir. 1984). The 
Commission therefore affirms the ID's finding of no violation of 
section 337 and terminates the 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 
in part 210 of the Commission's Rules of Practice and Procedure, 19 CFR 
part 210.

    By order of the Commission.

    Issued: January 16, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-00983 Filed 1-19-18; 8:45 am]
BILLING CODE 7020-02-P