[Federal Register Volume 67, Number 172 (Thursday, September 5, 2002)]
[Notices]
[Pages 56856-56857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22603]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-454]


Certain Set-Top Boxes and Components Thereof; Notice of Decisions 
to Review in Part, Take No Position in Part, and Not Review in Part the 
Administrative Law Judges Final Initial Determination; Notice of 
Decisions to Affirm Three Rulings of the Administrative Law Judge; 
Notice of Determination of No Violation of Section 337 of the Tariff 
Act of 1930

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 review in part, to take no position in 
part, and to not review in part the final initial determination 
(``final ID'') issued by the presiding administrative law judge 
(``ALJ'') on June 21, 2002, finding no violation of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned 
investigation. Specifically, the Commission determined to review the 
issue of the technical prong of the domestic industry as it relates to 
claim 42 of U.S. Letters Patent 4,706,121 for the purpose of making a 
finding as to claim 42 of that patent that was omitted by the ALJ. The 
Commission also determined to take no position on the issue of patent 
misuse and to not review the remainder of the final ID. Finally, the 
Commission determined to affirm three ALJ rulings (involving ALJ Order 
No. 62, an ALJ ruling excluding evidence concerning the doctrine of 
equivalents, and an ALJ ruling limiting the testimony time of one 
witness) that were appealed to the Commission by the complainants. In 
light of these determinations, the Commission determined that there is 
no violation of section 337 in this investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., or David 
Wilson, Esq., Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436, telephones (202) 
205-3115 or (202) 708-2310, respectively. Copies of the public versions 
of the final 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. 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). 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: The Commission instituted this patent-based 
investigation, which concerns allegations of unfair acts in violation 
of section 337 of the Tariff Act of 1930 in the importation and sale of 
certain set-top boxes, on March 14, 2001. 66 FR 15887 (2001). 
Complainants Gemstar-TV Guide International, Inc. of Pasadena, 
California, and StarSight Telecast, Inc. of Fremont, California, named 
Pioneer

[[Page 56857]]

Corporation, Pioneer North America, Inc., Pioneer Digital Technologies, 
Inc., Pioneer New Media Technologies, Inc., Scientific-Atlanta, Inc., 
EchoStar Communications Corporation, and SCI Systems, Inc. as 
respondents.
    The ALJ held an evidentiary hearing from December 3, 2001, through 
December 19, 2001, and issued his final ID on June 21, 2002, in which 
he concluded that there was no violation of section 337, based on the 
following findings: (a) Complainants have failed to establish that the 
asserted claims 18-24, 26-28, 31-33, 36, 42-43, 48-50, 54, 57, 59-61, 
and 66 of U.S. Letters Patent 4,706,121 (the `121' patent); claims 1, 
3, 8, and 10 of United States Patent 5,479,268 (the `268' patent); and 
claims 1, 3, 8, and 10 of U.S. Letters Patent 5,809,204 (the `204' 
patent) are infringed by respondents; (b) respondents have failed to 
establish that the asserted claims are not valid; (c) respondents have 
established that the `121' patent is unenforceable for failure to name 
a co-inventor; (d) complainants have engaged in patent misuse with 
respect the `121' patent; (e) no industry exists in the United States, 
as required by subsection (a)(2) of section 337, that exploits each of 
the `121', `268', and `204' patents in issue; and (f) there has been an 
importation of the set-top boxes which are the subject of this 
investigation.
    On July 5, 2002, all parties to this investigation, including the 
Commission investigative attorney, filed petitions for review of 
various portions of the final ID. On July 12, 2002, all the parties 
filed responses to the petitions for review.
    Having examined the record in this investigation, including the 
final ID, the petitions for review, and the responses thereto, the 
Commission determined that there is no violation of section 337 in this 
investigation.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and Subpart G of Part 210 of the 
Commission's rules of practice and procedure (19 CFR Subpart G, Part 
210).


    By order of the Commission.
    Issued: August 29, 2002.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-22603 Filed 9-4-02; 8:45 am]
BILLING CODE 7020-02-P