[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Notices]
[Page 70459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-107]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-471]
Notice of Commission Decision Not To Review an Initial
Determination Granting Complainant EMC Corporation's Motion To
Terminate the Investigation as to Certain Claims and To Amend the
Complaint and Notice of Investigation by Adding Two Claims
In the matter of: certain data storage systems and components
thereof.
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'') issued by the presiding administrative law judge (ALJ) in the
above-captioned investigation granting complainant EMC Corporation's
motion to terminate the investigation as to certain claims and to amend
the complaint and notice of investigation by adding two claims.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3115. Copies of the
ALJ's ID and all other 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. Hearing-impaired
persons are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810. 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-ON-LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on May 9, 2002, based on a complaint filed by EMC Corporation of
Hopkinton, Massachusetts (``EMC''), against Hitachi, Ltd. of Tokyo,
Japan, and Hitachi Data Systems Corporation of Santa Clara, California.
67 FR 34472 (2002). The complaint alleges violations of section 337 in
the importation and sale of certain data storage systems or components
thereof by reason of infringement of certain claims of complainant's
U.S. Patent Nos. 5,742,792; 5,544,347; 6,092,066; 6,101,497; 6,108,748;
and 5,909,692.
On September 20, 2002, EMC filed a motion to terminate the
investigation as to a total of 64 claims and to amend the complaint and
notice of investigation by adding two claims. On October 4, 2002,
respondents filed a response in which they stated that they did not
oppose EMC's motion. Also on October 4, 2002, the Commission's
investigative attorney filed a response in support of the EMC's motion.
On October 8, 2002, the ALJ issued an ID granting complainant's motion.
No party filed a petition for review of 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 section 210.42 of the Commission's rules of practice and procedure
(19 CFR 210.42).
By order of the Commission.
Issued: November 18, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-29759 Filed 11-21-02; 8:45 am]
BILLING CODE 7020-02-P