[Federal Register Volume 65, Number 113 (Monday, June 12, 2000)]
[Notices]
[Page 36843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14762]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-395]


Notice of Decision To Extend the Deadline for Determining Whether 
To Review an Initial Determination on Inventorship

    In the Matter of Certain Eprom, Eeprom, Flash Microcontroller 
Semiconductor Devices and Products Containing Same.

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to extend by two weeks, i.e., until July 17, 
2000, the deadline for determining whether to review an initial 
determination (ID) issued on May 17, 2000, by the presiding 
administrative law judge (ALJ) in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, SW, 
Washington, DC 20436, telephone (202) 205-3104. 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 patent-based 
investigation on March 18, 1997, based on a complaint filed by Atmel 
Corporation. 62 FR 13706. The complaint alleged that several 
respondents violated section 337 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 
one or more of claim 1 of U.S. Letters Patent 4,511,811 (the '811 
patent), claim 1 of U.S. Letters Patent 4,673,829 (the '829 patent), 
claim 1 of U.S. Letters Patent 4,974,565 (the '565 patent) and claims 
1-9 of U.S. Letters Patent 4,451,903 (the '903 patent). The '565 patent 
was later withdrawn from the case.
    On July 2, 1998, the Commission found that the '903 patent was 
unenforceable for failure to name a co-inventor. During the Commission 
investigation, a U.S. District Court found the '811 and '829 patents 
invalid and the Commission, therefore, applied collateral estoppel to 
find that the '811 and '829 patents were invalid. Atmel obtained a 
``Certificate of Correction'' from the U.S. Patent and Trademark Office 
which changed the inventorship of the '903 patent. In view of the fact 
that the inventors had been corrected on the '903 patent, Atmel 
petitioned the Commission on September 8, 1998, to reconsider its 
finding of no violation based on the unenforceablility of the '903 
patent. The Commission referred the petition to the presiding ALJ on 
January 25, 1999, for issuance of an ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.42(h) of the 
Commission Rules of Practice and Procedure, 19 CFR 210.42(h).
    Copies of the nonconfidential version of the ID 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. Public documents are also available for 
downloading from the Commission's website at http://www.usitc.gov.

    By order of the Commission.

    Dated: June 6, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-14762 Filed 6-9-00; 8:45 am]
BILLING CODE 7020-02-P