[Federal Register Volume 62, Number 185 (Wednesday, September 24, 1997)]
[Notices]
[Page 49994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25357]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-382]


Certain Flash Memory Circuits and Products Containing Same; 
Notice of Rescission of Limited Exclusion Order and Cease and Desist 
Order

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Commission has rescinded the limited exclusion order and the cease and 
desist order previously issued in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone (202) 205-3107.

SUPPLEMENTARY INFORMATION: The authority for the Commission's action is 
contained in section 337 of the Tariff Act of 1930, as amended (19 
U.S.C. Sec. 1337), and in section 210.76 of the Commission's Rules of 
Practice and Procedure (19 CFR Sec. 210.76).
    On June 2, 1997, the Commission issued a limited exclusion order 
and a cease and desist order in the investigation based upon a finding 
that respondents Samsung Electric Company, Ltd. and Samsung 
Semiconductor, Inc. (collectively, ``Samsung'') had violated section 
337 of the Tariff Act of 1930, as amended (19 U.S.C. Sec. 1337), by 
importing, selling for importation, and/or selling after importation 
certain flash memory circuits that infringed claims 1, 2, or 4 of 
complainant SanDisk Corporation's (``SanDisk'') U.S. Letters Patent 
5,418,752 and/or claim 27 of complainant's U.S. Letters Patent 
5,172,338.
    On August 22, 1997, Samsung and SanDisk filed a joint petition to 
rescind the limited exclusion order and the cease and desist order on 
the basis of a settlement agreement they had reached. Samsung and 
SanDisk asserted that their settlement agreement constituted ``changed 
conditions of fact or law'' sufficient to justify recision of the 
orders under Commission rule 210.76(a), 19 C.F.R. Sec. 210.76(a).
    Having reviewed the parties' submissions, the Commission determined 
that the petition and settlement agreement satisfy the requirements of 
rule 210.76(a). The Commission therefore issued an order rescinding the 
cease and desist order and the limited exclusion order previously 
issued in the investigation.
    Copies of the Commission's order 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, S.W., Washington, D.C. 20436, telephone (202) 
205-2000. Hearing impaired persons are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal at 
(202) 205-1810.


    Issued: September 18, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-25357 Filed 9-23-97; 8:45 am]
BILLING CODE 7020-02-P