[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Notices]
[Page 4177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1739]



[[Page 4177]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-499]


In the Matter of Certain Audio Digital-to-Analog Converters and 
Products Containing Same; Notice of Commission Decision Not To Review 
an Initial Determination Granting a Motion To Amend the Complaint and 
Notice of Investigation To Add Another Patent and Eight Patent Claims

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'') (Order No. 5) 
granting a motion to amend the complaint and notice of investigation to 
add allegations of infringement of five additional claims of U.S. 
Patent No. 6,492,928 B1 (``the `928 patent'') and three claims of U.S. 
Patent No. 6,011,501 (``the `501 patent'').

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. 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. 
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. Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on November 14, 2003, based on a complaint filed on behalf of Cirrus 
Logic, Inc. of Austin, Texas. 68 FR 64641 (Nov. 14, 2003). 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 audio digital-to-analog converters and products containing same 
by reason of infringement of claims 1 and 11 of the `928 patent. The 
notice of investigation named two respondents: Wolfson 
Microelectronics, PLC of Edinburgh, United Kingdom; and Wolfson 
Microelectronics, Inc. of San Diego, Calif. (collectively ``Wolfson''). 
Id.
    On December 9, 2003, complainant moved pursuant to Commission rule 
210.14(b) to amend the complaint and notice of investigation to add 
five additional claims of the single patent in issue and three claims 
of another patent to the scope of the investigation, viz., claims 2, 3, 
5, 6, and 15 of the `928 patent, and claims 9, 12, and 19 of the `501 
patent. On December 17, 2003, the Commission investigative attorney 
filed a response supporting the motion. In a response dated December 
17, 2003, Wolfson opposed complainant's motion to the extent that it 
sought to add the `501 patent to this investigation. The parties 
presented oral argument at a preliminary conference on December 18, 
2003. Pursuant to a request by the ALJ at the preliminary conference, 
complainant and Wolfson filed supplemental submissions on December 23, 
2003.
    On December 29, 2003, the ALJ issued an ID (Order No. 5) granting 
the motion to amend the complaint and notice of investigation to add 
claims 2, 3, 5, 6, and 15 of the `928 patent, and claims 9, 12, and 19 
of the `501 patent. 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: January 21, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-1739 Filed 1-27-04; 8:45 am]
BILLING CODE 7020-02-P