[Federal Register: April 19, 2007 (Volume 72, Number 75)]
[Notices]
[Page 19725]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap07-52]
[[Page 19725]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-553]
In the Matter of Certain NAND Flash Memory Devices and Products
Containing Same; Notice of Determination To Grant the Joint Motion To
Terminate the Investigation on the Basis of Settlement
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to grant the joint motion to terminate the
above-captioned investigation based on settlement.
FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5468. 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
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 November 25, 2005, based on a complaint filed by Hynix Semiconductor
Inc. of Korea; Hynix Semiconductor America Inc. of San Jose,
California; and Hynix Semiconductor Manufacturing America Inc. of
Eugene, Oregon (collectively, ``Hynix''). The complaint, as
supplemented and amended, alleged violations of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain NAND flash memory devices and products
containing the same by reason of infringement of certain claims of
United States Patent Nos. 5,509,995 and 5,869,404.
On November 20, 2006, the presiding administrative law judge
(``ALJ'') issued his final initial determination (``ID''), finding no
violation of section 337 by respondents Toshiba Corporation of Japan;
Toshiba America Electronic Components, Inc. of Irvine, California;
Toshiba America Information Systems, Inc. of Irvine, California; and
Toshiba America Consumer Products, L.L.C. of Wayne, New Jersey
(collectively, ``Toshiba''). The Commission determined to review the
ALJ's ID on January 11, 2007.
On March 21, 2007, Hynix and Toshiba jointly moved to terminate the
investigation based on settlement. In the same motion papers, Hynix and
Toshiba jointly moved to vacate the ID issued by the ALJ. In addition,
Hynix withdrew its motion for sanctions against Toshiba, filed on
August 18, 2006. On March 30, 2007, the Commission investigative
attorney filed a response to the joint motion to terminate based on
settlement, recommending that the Commission grant the motion.
Having examined the record of this investigation, the Commission
has determined to grant the joint motion to terminate the
investigation. In addition, the Commission has determined to deny the
joint motion to vacate the ALJ's final 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 210.21 of the Commission's Rules of Practice and Procedure
(19 CFR 210.21).
Issued: April 16, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-7464 Filed 4-18-07; 8:45 am]
BILLING CODE 7020-02-P