[Federal Register: January 21, 1999 (Volume 64, Number 13)]
[Notices]               
[Page 3309-3310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja99-83]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-409]

 
Certain CD-ROM Controllers, and Products Containing Same-II; 
Notice of Commission Decision To Extend the Deadline for Determining 
Whether To Review an Initial Determination

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 extend by seven (7) days, or until 
February 3, 1999, the deadline for determining whether to review an 
initial determination (ID)(Order No. 9) issued by the presiding 
administrative law judge (``ALJ'') in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: John A. Wasleff, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3094.

SUPPLEMENTAL INFORMATION: This investigation was instituted on May 7, 
1998, based on a complaint filed by Oak Technology Inc (``Oak''). 63 
Fed. Reg. 26625. Among the respondents is United Microelectronics Corp. 
(``UMC''). The complaint alleges, inter alia, that UMC engaged in 
unlawful activities in violation of section 337 through the unlicensed 
importation and sale for importation of goods infringing claims 1-5 and 
8-10 of U.S. Letters Patent 5,581,715. Oak seeks the imposition of a 
cease and desist order and an exclusion order.
    Complainant Oak filed a previous complaint before the Commission 
based on the same products and the same patent, naming UMC as a 
proposed respondent. Prior to institution of an investigation, Oak 
entered into a settlement/licensing agreement with UMC, and withdrew 
its complaint as to UMC. Prior to institution of the present 
investigation, UMC filed a letter with the Commission alleging that all 
its activities were authorized by the settlement agreement. Oak alleges 
that the sales and importation activities complained of are outside the 
provisions of the settlement agreement.
    On August 28, 1998, the ALJ issued Order No. 7 terminating the 
investigation as to UMC for failure to state a section 337 claim. 
Complainant Oak and OUII filed petitions for review of the ID and UMC 
responded to those petitions. On October 7, 1998, the Commission 
reviewed and reversed Order No. 7.
    In its opinion, the Commission noted that a motion for summary 
determination was pending, and stated that if the disposition of that 
motion came before the Commission, the Commission would ``address the 
matter as necessary and appropriate.'' On December 23, 1998, the ALJ 
issued Order No. 9 granting UMC's motion for summary determination. On 
December 31, 1998, complainant Oak filed a timely petition for review 
of the ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. Sec. 1337) and section 210.42(h)(3) of 
the Commission's Rules of Practice and Procedure (19 CFR 
Sec. 210.42(h)(3).
    Copies of the public version of the 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 S.W., Washington, D.C. 
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).


[[Page 3310]]


    Issued: January 12, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-1348 Filed 1-20-99; 8:45 am]
BILLING CODE 7020-02-P