[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Notices]
[Pages 6454-6455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2261]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-501]


In the Matter of Certain Encapsulated Integrated Circuit Devices 
and Products Containing Same; Notice of Decision to Review in its 
Entirety a Final Initial Determination Finding No Violation of Section 
337; Schedule for Filing Written Submissions; Extension of Target Date

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 (1) to review in its entirety a final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on November 18, 2004, finding no violation of section 337 of 
the Tariff Act of 1930, 19 U.S.C. 1337, in the above-captioned 
investigation; and (2) to extend the target date for completion in this 
investigation by thirty-seven (37) days, i.e., until March 31, 2005.

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 IDs 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: On December 19, 2003, the Commission 
instituted an investigation under section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, based on a complaint filed by Amkor Technology, 
Inc. alleging a violation of section 337 in the importation, sale for 
importation, and sale within the United States after importation of 
certain encapsulated integrated circuit devices and products containing 
same in connection with claims 1-4, 7, 17, 18 and 20-23 of U.S. Patent 
No. 6,433,277 (``the `277 patent''); claims 1-4, 7 and 8 of U.S. Patent 
No. 6,630,728 (``the `728 patent''); and claims 1, 2, 13 and 14 of U.S. 
Patent No. 6,455,356 (``the `356 patent''). 68 FR 70836 (December 19, 
2003). The complainant named Carsem (M) Sdn Bhd; Carsem Semiconductor 
Sdn Bhd; and Carsem, Inc. as respondents.
    The evidentiary hearing in this investigation was held from July 6 
through July 30, 2004, and August 9 through August 11, 2004. On 
November 18, 2004, the presiding ALJ issued a final ID finding no 
violation of section 337. All of the parties to the investigation, 
including the Commission investigative attorney filed timely petitions 
for review of various portions of the final ID. Respondents designated 
their petition to be contingent upon the granting of any other petition 
for review or upon the Commission's reviewing the ALJ's ID on its own 
motion pursuant to 19 CFR 210.44. All parties filed timely responses to 
the petitions for review.
    Having examined the record in this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the ID in its entirety. At this 
time the Commission requests briefing, based on the evidentiary record, 
that concerns only the issue of claim interpretation. Further briefing 
may be requested at a later date. The Commission is particularly 
interested in receiving answers to the following questions:
    1. Does the specification of the `277 patent satisfy the ``written 
description'' requirement of 35 U.S.C.112, ] 1 with respect to the 
claim limitations ``fully around a circumference of the die pad'' found 
in claims 2, 3, and 4, and ``fully around the die pad'' found in claims 
21, 22, and 23?
    2. How should the following claim limitations be construed:
    (a) ``Fully around a circumference of the die pad'' (`277 patent, 
claims 2, 3, and 4);
    (b) ``fully around the die pad'' (`277 patent, claims 21, 22, and 
23);
    (c) ``surrounding the second surface'' (`356 patent, claims 1 and 
13);
    (d) ``the side surface of the die pad includes a means around the 
circumference of the die pad for vertically locking,'' (`277 patent, 
claim 17)?
    In particular, please address whether the claim limitations ``fully 
around a circumference of the die pad'' and ``fully around the die 
pad'' are indefinite.
    3. How should the following claim terms of the `356 patent be 
construed:

[[Page 6455]]

    (a) ``Horizontal peripheral third surface'' (claims 1, 13);
    (b) ``vertical outer peripheral surface'' (claims 1, 13); and
    (c) ``horizontal third surface'' (claim 1)?
    4. How should the following claim limitations be construed:
    (a) ``The second surface of the die pad is exposed in the plane of 
the first exterior surface of the package body'' (`277 patent, claim 
18); and
    (b) ``the second surface of each lead is exposed in a horizontal 
plane of a first exterior surface of the package'' (`356 patent, claims 
1, 13)?
    In particular, please address how plating affects whether ``the 
second surface of the die pad'' in claim 18 of the `277 patent and 
``the second surface of each lead'' in claims 1 and 13 of the `356 
patent are ``exposed.''
    5. Do the preambles of claims 1 and 3 of the `728 patent constitute 
claim limitations? In particular, please address how the intrinsic 
evidence supports your position in light of the teachings of the Court 
of Appeals for the Federal Circuit.
    Written Submissions: Submissions should be concise and thoroughly 
referenced to the record in this investigation. The written submissions 
must be filed no later than close of business on February 14, 2005. 
Reply submissions must be filed no later than the close of business on 
February 22, 2005. No further submissions will be permitted unless 
otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original document and 14 true copies thereof on or before 
the deadlines stated above. Any person desiring to submit a document 
(or portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See section 201.6 of the Commission's Rules of Practice and 
Procedure, 19 CFR Sec.  201.6. Documents for which confidential 
treatment by the Commission is sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    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 210.42-210.45 and 210.51 of the Commission's Rules of 
Practice and Procedure (19 CFR Sec. Sec.  210.42-210.45 and 210.51).

    By order of the Commission.
    Issued: February 1, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-2261 Filed 2-4-05; 8:45 am]
BILLING CODE 7020-02-P