[Federal Register: July 31, 2003 (Volume 68, Number 147)]
[Notices]
[Page 44967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy03-91]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-491]
Certain Display Controllers and Products Containing Same; Notice
of Commission Decision Not To Review an Initial Determination Amending
the Complaint and Notice of Investigation
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'') (Order No. 5)
amending the complaint and notice of investigation. The Commission
understands the ALJ's statement summarizing complainant's argument, at
page 2 of the ID, as implicitly including the following italicized
language: ``In its motion, Genesis contends that it did not become
aware of MStar's allegedly infringing product in the United States
until April 18, 2003, when it purchased a Sony monitor containing an
MStar MST9011 display controller from a retailer in California.''
FOR FURTHER INFORMATION CONTACT: Clara Kuehn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street, SW,
Washington, DC 20436, telephone (202) 205-3012. 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. 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 this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 14, 2003, based on a complaint filed on behalf of Genesis
Microchip (Delaware) Inc. (``complainant'') of Alviso, Calif. 68 FR
17,964 (Apr. 14, 2003). The complaint, as supplemented, alleged
violations of section 337 of the Tariff Act of 1930 in the importation
into the United States, sale for importation, and sale within the
United States after importation of certain display controllers and
products containing same by reason of infringement of claims 13 and 15
of U.S. Patent No. 6,078,361 (``the 361 patent''); claims 19-22 of U.S.
Patent No. 5,953,074 (``the '074 patent''); and claims 1 and 9 of U.S.
Patent No. 6,177,922. The notice of investigation identified three
respondents: Media Reality Technologies, Inc. of Taipei, Taiwan; Media
Reality Technologies, Inc. of Sunnyvale, Calif. (collectively ``MRT'');
and Trumpion Microelectronics, Inc. (``Trumpion'') of Taipei City,
Taiwan. Id.
On May 30, 2003, complainant moved pursuant to Commission rule
210.14(b) to amend the complaint and notice of investigation to name
MStar Semiconductor, Inc. (``MStar'') as an additional respondent and
to assert against MStar claims 13 and 15 of the '361 patent, claims 15-
22 of the '074 patent, and claims 1-3, 5, 6, 9, 12, 13, 16, 17, 33-36,
38, and 39 of U.S. Patent No. 5,739,867 (``the '867 patent). Thus,
complainant sought to add claims 15-18 of the '074 patent and selected
claims of the '867 patent to the investigation. On June 11, 2003, the
Commission investigative attorney (``IA'') filed a response in support
of the motion. On June 19, 2003, MStar filed an opposition to the
motion. No responses were filed by MRT or Trumpion.
On June 20, 2003, the ALJ issued an ID (Order No. 5) granting the
motion, thereby amending the complaint and notice of investigation to
add claims 15-18 of the '074 patent and claims 1-3, 5, 6, 9, 12, 13,
16, 17, 33-36, 38, and 39 of the '867 patent, and to add MStar as an
additional respondent. On June 26, 2003, MStar filed a petition for
review of the ID. On July 3, 2003, responses opposing the petition were
filed by the IA and complainant.
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).
Issued: July 18, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-19437 Filed 7-30-03; 8:45 am]
BILLING CODE 7020-02-P