[Federal Register: September 29, 1999 (Volume 64, Number 188)]
[Notices]               
[Page 52525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se99-87]                         

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-417]

 
Certain Code Hopping Remote Control Systems, Including Components 
and Integrated Circuits Used Therein; Notice of a Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation on the Basis of a Settlement Agreement

AGENCY: 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 the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') granting a joint 
motion to terminate the above-captioned investigation on the basis of a 
settlement agreement.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW, Washington, DC 20436, telephone (202) 205-3152. 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).

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 30, 1998, based on a complaint by Microchip Technology 
Incorporated (``Microchip'') alleging that respondents Chamberlain 
Group, Inc. (``Chamberlain'') and Sears, Roebuck and Co. (``Sears'') 
violated section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 
1337, by importing, selling for importation, or selling within the 
United States after importation certain code hopping remote control 
systems, including components and integrated circuits used therein, 
that infringe claims of Microchip's U.S. Letters Patent 5,517,187 (`187 
patent). Microchip alleged that Sears sells the accused devices 
manufactured abroad by Chamberlain.
    On August 1, 1999, Microchip and Chamberlain entered into a 
settlement agreement, which grants to Chamberlain a nonexclusive 
license for the `187 patent at issue, and provides for the settlement 
of this investigation and a companion action pending before the U.S. 
District Court for the Northern District of Illinois. On August 4, 
1999, Microchip and respondents Chamberlain and Sears filed the joint 
motion to terminate the investigation. The Commission investigative 
attorney (``IA'') supported the joint motion.
    On August 25,1999, the ALJ issued an ID (Order No. 10) granting the 
motion to terminate the investigation. The ALJ noted that the parties, 
in accordance with Commission rules, had stated that there were no 
other agreements concerning the subject matter of this investigation. 
The ALJ further noted that all of the parties, including the IA, had 
argued that termination of the investigation would pose no threat to 
the public interest, which would in fact be advanced by private 
resolution of this dispute. No party petitioned for review of the 
subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 19 
CFR 210.42. Copies of the public version 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.

    By order of the Commission.

    Issued: September 23, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-25345 Filed 9-28-99; 8:45 am]
BILLING CODE 7020-02-P