[Federal Register Volume 66, Number 3 (Thursday, January 4, 2001)]
[Notices]
[Pages 808-809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-233]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-437]


In the Matter of Certain Synchronous Dynamic Random Access Memory 
Devices and Modules and Products Containing Same; Notice of Decision to 
Terminate the Investigation Based on Withdrawal of the Complaint

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to terminate the above-captioned 
investigation based on withdrawal of the complaint by complainant 
Rambus Inc. The Commission vacated the presiding administrative law 
judge's (ALJ's) initial determination (ID) with respect to all other 
issues. (Commissioners Bragg and Askey dissenting with respect to the 
ID's condition on termination.)

FOR FURTHER INFORMATION CONTACT: Tim Yaworski, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3096. 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 investigation 
on October 5, 2000, based on a complaint filed by Rambus Inc. of 
Mountain View, California. The complaint alleged a violation of section 
337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on infringement of 
claims of three U.S. patents (U.S. Letters Patent 6,038,195, U.S. 
Letters Patent 5,953,263, and U.S. Letters Patent 6,034,918) owned by 
complainant. The respondents named in the investigation were Hyundai 
Electronics Industries Co., Ltd. of Korea and Hyundai Electronics 
America of San Jose, California (collectively ``Hyundai''). The 
investigation was assigned to Administrative Law Judge Sidney Harris. 
65 FR 60684. On October 6, 2000, complainant Rambus moved to withdraw 
its complaint and terminate the investigation. Rambus' motion was 
responded to by Hyundai and the Commission investigative attorney 
(``IA''). On November 8, 2000, the ALJ issued an ID terminating the 
investigation based on Rambus' withdrawal of its complaint, but with 
the condition that, if the Commission institutes a subsequent 
investigation based on a complaint filed by Rambus involving one or 
more of the same patents, then such investigation should be assigned to 
the same ALJ, unless exceptional circumstances require assignment to 
another ALJ. The ALJ found that Rambus had engaged in impermissible 
judge shopping. Rambus and the IA petitioned for review of the ID. On 
December 11, 2000, the Commission determined to review the ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.45(c) of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.45(c).
    Copies of the Commission's Order, the ID, and all other 
nonconfidential documents filed in connection with this investigation 
are or will be available for

[[Page 809]]

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. Copies of 
these documents may also be downloaded from the Commission's Internet 
server at http://www.usitc.gov.

    Issued: December 26, 2000.

By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-233 Filed 1-3-01; 8:45 am]
BILLING CODE 7020-02-P