[Federal Register Volume 66, Number 131 (Monday, July 9, 2001)]
[Notices]
[Pages 35810-35811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16992]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-395]


In the Matter of Certain EPROM, EEPROM, Flash Memory, and Flash 
Microcontroller Semiconductor Devices, and Products Containing Same; 
Notice of Decision To Deny Complainant Atmel's Petition for 
Modification of the Limited Exclusion 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 determined to deny complainant Atmel's petition to 
modify the limited exclusion order issued in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 18, 1997, based upon a complaint filed by Atmel Corporation 
alleging that Sanyo Electric Co., Ltd. (``Sanyo''), Winbond Electronics 
Corporation of Taiwan and Winbond Electronics North America Corporation 
of California (collectively ``Winbond''), and Macronix International 
Co., Ltd. and Macronix America, Inc. (collectively ``Macronix'') had 
violated section 337 in the sale for importation, the importation, and 
the sale within the United States after importation of certain erasable 
programmable read only memory (``EPROM''), electrically erasable 
programmable read only memory (``EEPROM''), flash memory, and flash 
microcontroller semiconductor devices thereof, by reason of 
infringement of one or more claims of U.S. Letters Patent 4,511,811 
(``the '811 patent''), U.S. Letters Patent 4,673,829 (``the '829 
patent''), and U.S. Letters Patent 4,451,903 (``the '903 patent'') 
assigned to Atmel. 62 FR 13706 (March 21, 1997). Silicon Storage 
Technology, Inc. (``SST'') intervened in the investigation.
    On October 27, 2000, the Commission determined that there was a 
violation of section 337. The Commission found that the claims in issue 
of the '903 patent are valid, enforceable, and infringed by the imports 
of respondents Sanyo and Winbond (but not respondent Macronix), and 
found a violation of section 337 with regard to the '903 patent as to 
Sanyo and Winbond. As to the '811 and '829 patents, the Commission 
found that the claims in issue of those patents are valid and 
enforceable, but not infringed by the imports of respondents Sanyo, 
Winbond, or Macronix, and found no violation of section 337 with regard 
to the '811 and '829 patents.
    The Commission determined that the appropriate form of relief was a 
limited exclusion order prohibiting the importation of EPROMs, EEPROMs, 
flash memories, and flash microcontroller semiconductor devices, and 
circuit boards containing those semiconductor memory devices, that 
infringe claims 1 or 9 of the '903 patent and that are manufactured 
and/or imported by or on behalf of Sanyo and Winbond. The Commission 
also determined that the public interest factors enumerated in section 
337(d) do not preclude the issuance of the limited exclusion order and 
that the bond during the Presidential review period should be set at 
$0.78 per device.

[[Page 35811]]

    On April 16, 2001, complainant Atmel filed a petition with the 
Commission to modify the limited exclusion order to cover all 
semiconductor memory devices manufactured at all other foundries 
related to or licensed by intervenor SST, i.e., to cover imports from 
foundries in addition to Sanyo and Winbond. On April 26, 2001, Sanyo, 
Winbond, and the Commission's Office of Unfair Import Investigations 
responded to Atmel's petition. On May 7, 2001, Atmel moved for leave to 
reply to SST's response and attached a reply to SST's response.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and section 210.76 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.76.
    Copies of the Commission 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, 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). 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov). The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

    By order of the Commission.

    Issued: July 2, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-16992 Filed 7-6-01; 8:45 am]
BILLING CODE 7020-01-P