[Federal Register Volume 66, Number 214 (Monday, November 5, 2001)]
[Notices]
[Pages 55958-55959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27635]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-441]


Certain Field Programmable Gate Arrays and Products Containing 
Same; Notice of Commission Decision Not To Review an Initial 
Determination Terminating the Investigation on the Basis of a 
Settlement 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 the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') terminating the 
investigation in its entirety based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Clara Kuehn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3012. 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). Copies of the ALJ's ID and 
all other nonconfidential documents filed in connection with this 
investigation are or will be available for

[[Page 55959]]

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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 21, 2000, based on a complaint filed by Xilinx, Inc. of San 
Jose, CA. 65 FR 80454 (2000). The complaint named Altera Corp. of San 
Jose, CA as the only respondent. Id. The complaint, as supplemented, 
alleged violations of section 337 of the Tariff Act of 1930 in the 
importation into the United States, sale for importation, and sale 
within the United States after importation of certain field 
programmable gate arrays and products containing same by reason of 
infringement of claims 1-3 and 5 of U.S. Letters Patent 5,343,406; 
claims 1 and 3 U.S. Letters Patent 5,432,719 (``the '719 patent''); and 
claim 16 of U.S. Letters Patent 5,861,761. On July 11, 2001, the ALJ 
issued an ID (Order No. 6) amending the notice of investigation to add 
claim 2 of the '719 patent. 66 FR 39790 (2001). The Commission 
determined not to review that ID.
    A tutorial was held on June 22, 2001, and an evidentiary hearing 
was held from June 25 through July 5, 2001.
    On July 25, 2001, complainant Xilinx, Inc. and respondent Altera 
Corp. filed a joint motion to terminate the investigation by 
settlement. On July 31, 2001, the Commission investigative attorney 
filed a response supporting the joint motion. On October 2, 2001, the 
presiding ALJ issued an ID (Order No. 8) granting the joint motion. No 
party petitioned for review of the ID.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: October 30, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-27635 Filed 11-2-01; 8:45 am]
BILLING CODE 7020-02-P