[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Notices]
[Page 48194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16222]



[[Page 48194]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-512]


In the Matter of Certain Light-Emitting Diodes and Products 
Containing Same; Notice of Commission Final Determination of No 
Violation of Section 337 as to One Patent and Determination To Remand 
the Investigation as to Certain Other Patents

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 that there is no violation of 19 U.S.C. 1337 
by Dominant Semiconductors Sdn. Bhd. (``Dominant'') with regard to 
United States Patent No. 6,576,930 and that the Commission has 
determined to remand the investigation with respect to certain other 
patents to the presiding administrative law judge.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3090, or Michelle 
Walters, Esq., Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 
708-5468. Copies of non-confidential 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 
based on a complaint filed by Osram GmbH and Osram Opto Semiconductors 
GmbH, both of Germany (collectively, ``Osram''). 69 FR 32609 (June 10, 
2004). In the complaint, as supplemented and amended, Osram alleged 
violations of section 337 of the Tariff Act of 1930 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain light-emitting diodes 
and products containing the same by reason of infringement of various 
claims of United States Patent Nos. 6,066,861, 6,277,301, 6,613,247, 
6,245,259, 6,592,780 (collectively, the ``Particle Size Patents''), 
United States Patent No. 6,576,930 (the `` `930 patent''), United 
States Patent Nos. 6,376,902, 6,469,321, 6,573,580 (collectively, the 
``Lead Frame Patents''), and United States Patent No. 6,716,673 (the `` 
`673 patent'').
    On May 10, 2005, the presiding administrative law judge (``ALJ'') 
issued his final initial determination (``ID'') finding the sole 
remaining respondent Dominant in violation of section 337, but only 
with respect to the `673 patent. The ALJ concluded that the asserted 
claims of the Particle Size Patents are invalid for indefiniteness, 
that the `930 patent and the Lead Frame Patents are not infringed by 
Dominant's accused products, and that Osram does not meet the technical 
prong of the domestic industry requirement with respect to the `930 
patent.
    On June 24, 2005, the Commission determined to review the ALJ's 
findings and conclusions regarding the Particle Size Patents, the `930 
patent, and the Lead Frame Patents. 70 FR 37431 (June 29, 2005). The 
Commission declined to review the ALJ's determination of violation of 
section 337 with respect to the `673 patent.
    Having examined the record of this investigation, including the 
ALJ's final ID and the submissions of the parties, the Commission has 
(1) determined that the Particle Size Patents are not invalid for 
indefiniteness with respect to the phrase ``mean grain diameter 
d50'' or the failure to specify the basis for calculating 
the ``mean grain diameter d50'' and particle size 
distribution as number or volume, construed the asserted claims, and 
remanded this part of the investigation to the ALJ for the purpose of 
determining whether there is a violation of section 337; and (2) 
determined that there is no violation of section 337 with regard to the 
`930 patent. The Commission has extended the target date of the above-
captioned investigation to December 12, 2005 and instructed the ALJ to 
make his determination on remand by October 11, 2005. The parties are 
invited to file comments on the ALJ's remand determination within five 
business days after service of the ALJ's determination and to file 
responses to the comments within five business days after service of 
the comments. The Commission has decided to defer addressing the issue 
of violation of the Lead Frame Patents, as well as issues relating to 
remedy, public interest, and bonding, until after the ALJ issues his 
initial determination on remand regarding the Particle Size Patents.
    Further, the Commission has determined to deny Osram's motion to 
admit the prosecution history of United States Application No. 10/
616,783 into the record. The Commission, however, has determined to 
grant Dominant's motion for extension of time to submit its Response of 
Respondent Dominant Semiconductors Sdn. Bhd. to the Notice of 
Commission Determination to Review a Final Determination on Violation 
of Section 337.
    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 210.45 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.45).

    Issued: August 10, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-16222 Filed 8-15-05; 8:45 am]
BILLING CODE 7020-02-P