[Federal Register Volume 67, Number 44 (Wednesday, March 6, 2002)]
[Notices]
[Pages 10227-10228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5334]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-432]


Certain Semiconductor Chips with Minimized Chip Package Size and 
Products Containing Same; Notice of Commission Determination To 
Terminate Investigation on the Basis of a Settlement Agreement

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 a settlement agreement between the parties.

FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3095. Copies of all 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.
    General information concerning the Commission may also be obtained 
by accessing its Internet server, http://www.usitc.gov. Hearing-
impaired persons are advised that information on the matter can be 
obtained by contacting the Commission's TDD terminal on 202-205-1810. 
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.

SUPPLEMENTARY INFORMATION: On May 3, 2000, the Commission instituted 
this investigation of allegations of unfair acts in violation of 
section 337 of the Tariff Act of 1930 in the importation and sale

[[Page 10228]]

of certain semiconductor chips with minimized chip package size and 
products containing same. 65 FR 25758 (May 3, 2000). The complaint 
alleged that three firms had infringed at least claims 6 and 22 of U.S. 
Letters Patent 5,679,977 (the '977 patent) and claims 1, 3, and 11 of 
U.S. Letters Patent 5,852,326 (the '326 patent) held by complainant 
Tessera, Inc. of San Jose, California. The notice of investigation 
named the following respondents: Texas Instruments of Dallas, Texas 
(``TI''); Sharp Corporation of Osaka, Japan; and Sharp Electronics 
Corporation of Mahwah, New Jersey (collectively, ``Sharp''). On March 
2, 2001, the Commission determined not to review an initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') granting Tessera's motion to withdraw the complaint 
allegations as to TI, and to terminate the investigation as to TI. An 
evidentiary hearing commenced April 5, 2001 and concluded on April 19, 
2001. On June 1, 2001, the ALJ issued Order No. 33, denying Sharp's 
motion to reopen the hearing record.
    On September 25, 2001, the presiding ALJ issued his final ID, 
finding that the Sharp respondents violated section 337 of the Tariff 
Act of 1930, as amended (19 U.S.C. 1337), by infringing the asserted 
claims of the '977 and '326 patents. On October 1, 2001, the ALJ issued 
a recommended determination in which he recommended that, if the 
Commission finds a violation of section 337, it issue a limited 
exclusion order and a cease and desist order.
    On October 9, 2001, Sharp appealed Order No. 33 and petitioned for 
review of the final ID. The Commission investigative attorney (``IA'') 
did not file a petition for review. On October 16, 2001, complainant 
and the IA filed responses opposing Sharp's petition for review and its 
appeal of Order No. 33. On November 15, 2001, the Commission determined 
to affirm Order No. 33 and not to review the ALJ's final ID, and issued 
a notice to that effect. 66 FR 58524 (Nov. 21, 2001).
    Having determined that a violation of section 337 has occurred in 
this investigation, the Commission sought comments on and considered 
the issues of the appropriate form of relief, whether the public 
interest precludes issuance of such relief, and the bond during the 60-
day Presidential review period.
    On January 25, 2002, Tessera and Sharp filed a joint motion with 
the Commission to extend the target date by 33 days, until February 27, 
2002. The parties represented in the motion that they had settled their 
dispute, and would file with the Commission a joint motion to terminate 
the investigation on that basis.
    On January 30, 2002, Tessera and Sharp filed a joint motion to 
terminate the investigation by settlement, and attached copies of a 
Settlement and Release Agreement and an Immunity Agreement, dated 
January 24, 2002, between Tessera and Sharp. On February 8, 2002, the 
IA filed a response to the motion, stating that the motion and 
agreements meet the procedural requirements relating to termination by 
settlement under Commission rules.
    Having considered the joint motion and the IA's response, the 
Commission determined to terminate the investigation on the basis of 
the settlement agreement.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.21(b) of the 
Commission's Rules of Practice and Procedure, (19 CFR 210.21(b)).

    By Order of the Commission.

    Issued: February 27, 2002.
Marilyn R. Abbott,
Acting Secretary.
[FR Doc. 02-5334 Filed 3-5-02; 8:45 am]
BILLING CODE 7020-02-P