[Federal Register Volume 69, Number 16 (Monday, January 26, 2004)]
[Notices]
[Pages 3602-3603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1536]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-481]


In the Matter of Certain Display Controllers With Upscaling 
Functionality and Products Containing Same; Notice of Commission 
Determination To Remand Investigation to the Administrative Law Judge; 
Extension of Target Date for Completion of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission determined to remand the above-referenced investigation to 
the presiding administrative law judge (ALJ) for further proceedings 
and making any findings necessary in order to make determinations with 
regard to the infringement, domestic industry, and validity issues 
under the Commission review in light of the claim construction 
determinations made by the Commission. The Commission also determined 
to extend the target date in this investigation by seven (7) months, 
i.e., until August 20, 2004.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3115. Copies of the 
public version of the ALJ's 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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 18, 2002, based on a complaint filed by Genesis Microchip 
(Delaware) Inc. (``Genesis'') of Alviso, California, against Media 
Reality Technologies, Inc. of Sunnyvale, California; Trumpion 
Microelectronics, Inc. of Taipei, Taiwan; and SmartASIC, Inc. 
(``SmartASIC'') of San Jose, California. 67 FR 64411 (October 18, 
2002). The complaint alleges violations of section 337 of the Tariff 
Act of 1930 in the importation and sale of certain display controllers 
with upscaling functionality and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 5,738,867.
    On January 14, 2003, the ALJ issued an ID (Order No. 6) terminating 
respondent SmartASIC from the investigation on the basis of a 
settlement agreement. On February 12, 2003, the Commission issued a 
notice of its decision not to review that ID (Order No. 6).
    The evidentiary hearing in this investigation was held from July 
14, 2003, through July 25, 2003. On October 20, 2003, the ALJ issued 
his final ID in which he found that there was no violation of section 
337. All the parties to the investigation, including the Commission 
investigative attorneys filed timely petitions for review of various 
portions of the final ID, and all of them filed timely responses to the 
petitions.
    On December 5, 2003, the Commission determined to review the final 
ID in part. The Commission issued a notice dated December 9, 2003, in 
which the Commission requested briefing, based on the evidentiary 
record, on the issues under review. All parties to this investigation 
filed timely written submissions, and timely reply submissions, 
regarding the issues under review.
    Having reviewed the record in this investigation, including the ID 
and the written submissions of the parties, the Commission determined 
to make claim construction determinations with regard to the patent 
claims under review, and to remand the investigation to the ALJ for 
making infringement, domestic industry, and validity findings in light 
of the claim construction

[[Page 3603]]

determinations made by the Commission. In order to allow sufficient 
time to complete the remand, the Commission extended the target date 
for completion of the investigation by seven months, i.e., until August 
20, 2004.
    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 sections 210.45 and 210.51 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45, 210.51).

    Dated: Issued: January 20, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-1536 Filed 1-23-04; 8:45 am]
BILLING CODE 7020-02-P