[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Notices]
[Pages 57707-57708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28891]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 337-TA-402 and 337-TA-404]
Certain Integrated Circuits and Products Containing Same and
Certain SDRAMs, DRAMs, ASICs, RAM-and-Logic Chips, Microprocessors,
Microcontrollers, Processes for Manufacturing Same and Products
Containing Same; Notice of Commission Determinations Not To Review
Initial Determinations Terminating the Above-Captioned Investigations
on the Basis of a Settlement and Cross-License Agreement
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 not to review either of the presiding
administrative law judge's (``ALJ's'') initial determinations (``IDs'')
granting the parties' joint motions to terminate the above-captioned
investigations on the basis of a settlement and cross-license
agreement.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone (202)
205-3107.
SUPPLEMENTARY INFORMATION: The Commission instituted the above-
captioned Integrated Circuits investigation (Inv. No. 337-TA-402) on
October 29, 1997, based on a complaint filed by Fujitsu Ltd. and
Fujitsu Microelectronics, Inc. (collectively ``Fujitsu''), alleging
that respondents Samsung Electronics Co. and Samsung Semiconductor,
Inc. (collectively ``Samsung'') violated section 337 of the Tariff Act
of 1930, as amended, 19 U.S.C. 1337, by importing, selling for
importation, or selling within the
[[Page 57708]]
United States after importation certain integrated circuits that
infringed certain patents held by Fujitsu.
The Commission instituted the above-captioned SDRAMs investigation
(Inv. No. 337-TA-404) on November 13, 1997, based on a complaint by
Samsung that Fujitsu violated section 337 by importing, selling for
importation, or selling within the United States after importation
certain integrated circuits that infringed certain patents held by
Samsung.
On September 11, 1998, Fujitsu and Samsung jointly moved to
terminate both investigations on the basis of a settlement and cross-
license agreement. In their motions, Fujitsu and Samsung represented
that their agreement reflects the entire and only agreement between
them relating to the subject matter of these two investigations, and
that there no longer exists a basis upon which to continue either
investigation in view of the cross-licenses granted to each party.
On September 24, 1998, the ALJ issued two IDs (Order No. 24 in
Integrated Circuits; Order No. 26 in SDRAMs) terminating the two
investigations on the basis of the parties' settlement and cross-
license agreement. The ALJ found that each motion complied with the
Commission's rules regarding termination of an investigation, and that
termination of the investigations would favor the public interest by
avoiding needless litigation and the consumption of public resources.
In addition, the ALJ found that the parties' agreement would not
adversely affect the supply or pricing of any product or otherwise
adversely affect consumers or the public generally in the United
States.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule
210.42, 19 CFR 210.42. Copies of the ALJ's IDs 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 on 202-205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov).
Issued: October 20, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-28891 Filed 10-27-98; 8:45 am]
BILLING CODE 7020-02-P