[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Notices]
[Page 4895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2227]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-395]


In the Matter of Certain EPROM, EEPROM, Flash Memory, and Flash 
Microcontroller Semiconductor Devices, and Products Containing Same; 
Notice of Commission Decision to Reconsider Portions of Final 
Determination

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 reconsider certain portions of its final 
determination in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: John A. Wasleff, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3094.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 18, 1997, based on a complaint filed by Atmel Corporation. 62 
FR 13706. The complaint named five respondents: Sanyo Electric Co., 
Ltd., Winbond Electronics Corporation and Winbond Electronics North 
America Corporation (collectively Winbond), Macronix International Co., 
Ltd., and Macronix America, Inc. (collectively Macronix). Silicon 
Storage Technology, Inc. (SST) was permitted to intervene.
    In its complaint, Atmel alleged, inter alia, that respondents 
violated section 337 of the Tariff Act of 1930 by importing into the 
United States, selling for importation, and/or selling in the United 
States after importation certain electronic products and/or components 
that infringe claim 1 of U.S. Letters Patent 4,451,903 (the `903 
patent).
    On July 2, 1998, the Commission determined that the 903 patent was 
unenforceable for failure to name an inventor, and hence that there was 
no violation of section 337 with respect to that patent. On August 11, 
1998, Atmel filed a petition to correct the inventorship of the 903 
patent with the U.S. Patent and Trademark Office (PTO). The PTO granted 
that petition on August 18, 1998, and issued a Certificate of 
Correction on October 6, 1998. On September 8, 1998, Atmel filed with 
the Commission a Petition For Relief From Final Determination Finding 
U.S. Patent No. 4,415,903 Unenforceable. Respondents and the 
Commission's Office of Unfair import Investigations filed responses to 
the petition. The Commission granted Atmel's motion to file a reply 
brief and respondents' motions to file surreplies.
    On August 28, 1998, Atmel filed a notice of appeal of the 
Commission's final determination in this investigation with the United 
States Court of Appeals for the Federal Circuit. On October 26, 1998, 
Atmel identified as an appellate issue the Commission's determination 
that the `903 patent is unenforceable for failure to name an inventor. 
On November 6, 1998, respondents Sanyo and Winbond filed motions to 
dismiss the inventorship issue as moot. The Commission took no position 
on those motions in order not to prejudice its deliberations on Atmel's 
petition for relief. On December 8, 1998, the Federal Circuit stayed 
the appeal pending the Commission's disposition of Atmel's petition.
    Having examined the petition, the briefs in opposition, the reply 
brief, and the surreplies, the Commission has determined to reconsider 
its determination that the `903 patent is unenforceable for failure to 
name an inventor, and its consequent finding of no violation of section 
337 with respect to the `903 patent. On reconsideration, the record 
will be reopened and the investigation remanded to the presiding 
administrative law judge, Judge Paul J. Luckern, for the limited 
purpose of resolving the issues arising from the issuance of the 
Certificate of Correction to the `903 patent.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.47 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.47). The 
Commission waived the 14-day limit under rule 210.47 pursuant to rule 
210.4(b) (19 CFR 210.4(b)).
    Copies of Atmel's petition 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 SW, Washington, DC 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: January 25, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-2227 Filed 1-29-99; 8:45 am]
BILLING CODE 7020-02-P