[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Notices]
[Page 17468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6736]


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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 Commission Determination To 
Remand Investigation to the Administrative Law Judge; Extension of 
Target Date for Completion 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 to remand the above-referenced investigation 
to the presiding administrative law judge (ALJ) for further proceedings 
and findings in light of claim construction determinations made by the 
Commission and an expected ruling by the U.S. Court of Appeals for the 
District of Columbia (D.C. Court of Appeals) in U.S. International 
Trade Commission v. ASAT Inc., Appeal No. 05-5009. The Commission also 
has determined to extend the target date in this investigation by seven 
(7) months and twenty-one (21) days, i.e., until November 21, 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. (``Amkor'') 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. 
(collectively, ``Carsem'') 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 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 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.
    On February 1, 2005, the Commission determined to review the final 
ID in its entirety. 70 FR 6454 (February 7, 2005). The Commission 
requested briefing, based on the evidentiary record, on the issue of 
claim interpretation only. Id. The Commission also extended the target 
date for completion of this investigation until March 31, 2005. Id. All 
the parties to this investigation filed timely written submissions and 
timely reply submissions regarding the issues under review.
    On February 15, 2005, respondent Carsem filed a motion and 
memorandum to strike complainant's initial written submission regarding 
the issues under review. On February 25, 2005, both complainant Amkor 
and the IA filed responsive pleadings in opposition to Carsem's motion.
    Having reviewed the record in this investigation, including the ID 
and the written submissions of the parties, the Commission has 
determined to make various claim construction determinations with 
regard to the patent claims under review, and to remand the 
investigation to the ALJ for additional proceedings and findings in 
light of those claim constructions. The Commission has also directed 
the ALJ to reopen the evidentiary record to receive, and make findings 
based on, evidence that may become available after the D.C. Court of 
Appeals rules in U.S. International Trade Commission v. ASAT, Inc., 
Appeal No. 05-5009. In order to allow sufficient time to complete the 
remand, the Commission has extended the target date for completion of 
the investigation by seven (7) months and twenty-one (21) days, i.e., 
until November 21, 2005. The Commission also determined to deny 
respondent Carsem's motion to strike.
    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 and 210.51).

    Issued: March 31, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-6736 Filed 4-5-05; 8:45 am]
BILLING CODE 7020-02-P