[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Notices]
[Pages 16086-16087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7997]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-471]


Certain Data Storage Systems and Components Thereof; Notice of a 
Commission Determination 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'') granting a joint 
motion to terminate the above-captioned investigation on the basis of a 
settlement agreement. The Commission has also determined that ALJ Order 
No. 47, which granted respondents' motion for summary determination of 
non-infringement of asserted claims 5-8 of U.S. Patent No. 6,108,748 
(``the '748

[[Page 16087]]

patent''), is moot in view of the termination of the 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. 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. 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 investigation 
on May 9, 2002, based on a complaint filed by EMC Corporation of 
Hopkinton, Massachusetts (``EMC''), against Hitachi, Ltd. of Tokyo, 
Japan, and Hitachi Data Systems Corporation of Santa Clara, California 
(``Hitachi''). 67 FR 34472 (2002). The complaint alleges violations of 
section 337 in the importation and sale of certain data storage systems 
or components thereof by reason of infringement of certain claims of 
complainant's U.S. Patent Nos. 5,742,792; 5,544,347; 6,092,066; 
6,101,497; 5,909,692, and the '748 patent.
    On January 24, 2003, the administrative law judge (``ALJ'') issued 
an ID (Order No. 47) granting respondents'' motion for summary 
determination of non-infringement of asserted claims 5-8 of the '748 
patent. On January 30, 2003, EMC and Hitachi entered into a memorandum 
of understanding (``MOU'') which provides for the settlement of the 
investigation. On February 12, 2003, EMC, Hitachi, and the Commission 
investigative attorney (``IA'') filed a joint motion to stay the 
procedural schedule in order to provide sufficient time for EMC and 
Hitachi to conclude their settlement agreement and to file a motion to 
terminate the investigation. On February 14, 2003 the Commission, sua 
sponte, extended the administrative deadline for determining whether to 
review Order No. 47 by sixty two (62) days, i.e., until April 28, 2003.
    On February 27, 2003, EMC and Hitachi filed a joint motion to 
terminate the investigation on the basis of the agreed settlement 
outlined in the MOU. The IA supported the joint motion. On March 11, 
2003, the ALJ issued an ID (Order No. 51) granting the motion to 
terminate the investigation. No party petitioned for review of Order 
No. 51.
    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).

    By order of the Commission.


    Issued: March 28, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-7997 Filed 4-1-03; 8:45 am]
BILLING CODE 7020-02-P