[Federal Register: January 4, 2001 (Volume 66, Number 3)]
[Notices]
[Page 808-809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja01-77]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-437]
In the Matter of Certain Synchronous Dynamic Random Access Memory
Devices and Modules and Products Containing Same; Notice of Decision to
Terminate the Investigation Based on Withdrawal of the Complaint
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to terminate the above-captioned
investigation based on withdrawal of the complaint by complainant
Rambus Inc. The Commission vacated the presiding administrative law
judge's (ALJ's) initial determination (ID) with respect to all other
issues. (Commissioners Bragg and Askey dissenting with respect to the
ID's condition on termination.)
FOR FURTHER INFORMATION CONTACT: Tim Yaworski, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3096. 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 October 5, 2000, based on a complaint filed by Rambus Inc. of
Mountain View, California. The complaint alleged a violation of section
337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on infringement of
claims of three U.S. patents (U.S. Letters Patent 6,038,195, U.S.
Letters Patent 5,953,263, and U.S. Letters Patent 6,034,918) owned by
complainant. The respondents named in the investigation were Hyundai
Electronics Industries Co., Ltd. of Korea and Hyundai Electronics
America of San Jose, California (collectively ``Hyundai''). The
investigation was assigned to Administrative Law Judge Sidney Harris.
65 FR 60684. On October 6, 2000, complainant Rambus moved to withdraw
its complaint and terminate the investigation. Rambus' motion was
responded to by Hyundai and the Commission investigative attorney
(``IA''). On November 8, 2000, the ALJ issued an ID terminating the
investigation based on Rambus' withdrawal of its complaint, but with
the condition that, if the Commission institutes a subsequent
investigation based on a complaint filed by Rambus involving one or
more of the same patents, then such investigation should be assigned to
the same ALJ, unless exceptional circumstances require assignment to
another ALJ. The ALJ found that Rambus had engaged in impermissible
judge shopping. Rambus and the IA petitioned for review of the ID. On
December 11, 2000, the Commission determined to review the ID.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.45(c) of the
Commission's Rules of Practice and Procedure, 19 CFR 210.45(c).
Copies of the Commission's Order, the ID, and all other
nonconfidential documents filed in connection with this investigation
are or will be available for
[[Page 809]]
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. Copies of
these documents may also be downloaded from the Commission's Internet
server at http://www.usitc.gov.
Issued: December 26, 2000.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-233 Filed 1-3-01; 8:45 am]
BILLING CODE 7020-02-P