[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Notices]
[Page 29972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11865]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-490]


In the Matter of Certain Power Amplifier Chips, Broadband Tuner 
Chips, Transceiver Chips, and Products Containing Same; Notice of 
Commission Determination Not To Review a Final Initial Determination 
Finding No Violation of Section 337; Termination of the Investigation

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 final initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on 
April, 2, 2004, finding no violation of section 337 of the Tariff Act 
of 1930, 19 U.S.C. 1337, in the above-captioned investigation. 
Accordingly, the Commission has terminated the investigation with a 
finding of no violation of section 337.

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 the public 
version of the ID and 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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this 
investigation, which concerns allegations of unfair acts in violation 
of section 337 in the importation and sale of certain power amplifier 
chips, broadband tuner chips, transceiver chips, and products 
containing same, on April 4, 2003, based on a complaint filed by 
Broadcom Corporation of Irvine, California (``Broadcom''). 68 FR 16551. 
The only respondent named in the investigation is Microtune, Inc. of 
Plano, Texas (``Microtune''). The complaint alleged that the imported 
products of Microtune infringe claim 1 of U.S. Patent No. 6,445,039, 
(``the `039 patent'') and claim 2 of U.S. Patent No. 5,682,379 (``the 
`379 patent''). The investigation was subsequently terminated as to the 
``379 patent.
    On April 2, 2004, the ALJ issued his final ID finding no violation 
of section 337 based on his findings that claim 1 of the `039 patent is 
anticipated by two patents and two prior art semiconductors, and 
invalid due to obviousness. The ALJ also found that the accused non-die 
paddle products of respondent Microtune infringe claim 1 of the `039 
patent, but that Microtune's die paddle products do not infringe that 
claim. He also found that the `039 patent is not unenforceable due to 
inequitable conduct.
    On April 15, 2004, Broadcom filed a petition for review of the 
final ID. On April 22, 2004, the Commission investigative attorney and 
Microtune filed responses.
    Having reviewed the record in this investigation, including the 
parties' written submissions, the Commission determined not to review 
(i.e., to adopt) the ID in its entirety.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.42 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.42.

    Issued: May 20, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-11865 Filed 5-25-04; 8:45 am]
BILLING CODE 7020-02-P