[Federal Register: November 17, 1999 (Volume 64, Number 221)]
[Notices]               
[Page 62690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no99-95]                         


[[Page 62690]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-383 Advisory Opinion Proceeding]

 
Certain Hardware Logic Emulation Systems and Components Thereof, 
Notice of Institution of an Advisory Opinion Proceeding

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 institute an advisory opinion proceeding 
in connection with the above-captioned investigation.

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. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.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 above-captioned investigation was 
instituted on March 8, 1996, based on a complaint by Quickturn Design 
Systems, Inc. (``Quickturn''). The respondents named in the 
investigation were Mentor Graphics Corporation (``Mentor'') and Meta 
Systems (``Meta''). The products at issue were certain hardware logic 
emulation systems used in the semiconductor industry to debug and test 
electronic circuit designs for semiconductor devices.
    On July 31, 1997, the presiding administrative law judge (``ALJ'') 
issued his final initial determination (``ID'') finding that Mentor and 
Meta had violated section 337 by infringing certain claims of U.S. 
Letters Patent 5,329,470, 5,036,473, 5,448,496, and 5,109,353, all 
owned by Quickturn. On October 2, 1997, the Commission determined not 
to review the ALJ's final ID, and on December 3, 1997, issued a limited 
exclusion order prohibiting the importation of respondents' emulators 
and components thereof found to infringe one or more of the patent 
claims in controversy. The Commission also issued a cease and desist 
order prohibiting, inter alia, the electronic importation and 
transmission of infringing hardware emulation software.
    On August 20, 1999 Mentor and Meta (hereinafter collectively 
``Mentor'') filed a petition with the Commission requesting issuance of 
an advisory opinion pursuant to Commission rule 210.79(a) (19 CFR 
210.79). Mentor contends that remote access from the United States of 
Meta's hardware logic emulation systems housed in ``design verification 
centers'' located outside the United States, would not infringe 
Quickturn's patents and, therefore, would not be covered by the 
Commission's limited exclusion order and/or the cease and desist order. 
On
    September 1, 1999, Quickturn moved for leave to respond to Mentor's 
petition for an advisory opinion (Motion Docket No. 383-149C), and 
attached a response to Mentor's petition. On September 28, 1999, Mentor 
moved for leave to reply to Quickturn's response to Mentor's petition 
for an advisory opinion (Motion Docket No. 383-150C), and attached a 
reply to Quickturn's response to Mentor's petition.
    The Commission granted both motions for leave to file and 
instituted an advisory opinion proceeding. The advisory opinion 
proceeding was certified to the presiding ALJ with instructions to 
issue an IAO within nine months of the date of publication of this 
notice.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Commission rule 210.79(a), 19 
CFR 210.79(a).

    By order of the Commission.

    Issued: November 10, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-29961 Filed 11-16-99; 8:45 am]
BILLING CODE 7020-02-P