[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53383-53384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17737]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-529]


In the Matter of Certain Digital Processors, Digital Processing 
Systems, Components Thereof, and Products Containing Same; Notice of a 
Commission Determination Not To Review an Initial Determination 
Granting a Joint Motion To Terminate the Investigation on the Basis of 
a License Agreement; 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 an initial determination 
(``ID'') granting a joint motion to terminate the above-captioned 
investigation on the basis of a license agreement.

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 
nonconfidential 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 
on January 6, 2005, based on a complaint filed on behalf of BIAX 
Corporation (``BIAX''), of Boulder, Colorado (70 FR 1277). The 
complaint alleged violations of section 337 in the importation into the 
United States, sale for importation, and sale within the United States 
after importation of certain digital processors, digital processing 
systems, components thereof, and products containing same by reason of 
infringement of certain claims of U.S. Patent Nos. 4,487,755 (``the 
'755 patent''); 5,021,954 (``the '954 patent''); 5,517,628; 6,253,313; 
and 5,765,037. The notice of investigation named Texas Instruments, 
Inc. (``TI''), of Dallas, Texas; iBiquity Digital Corporation, of 
Columbia, Maryland; Kenwood Corporation, of Japan; and Kenwood U.S.A. 
Corporation, of Long Beach, California as respondents.
    On April 12, 2005, respondent TI filed a motion for summary 
determination of non-infringement of the asserted claims of the '755 
and '945 patents. On May 20, 2005, complainant BIAX filed its 
opposition to TI's motion for summary determination. On May 23, 2005, 
the Commission's investigative attorney filed an opposition to TI's 
motion for summary determination.
    On July 12, 2005, the administrative law judge (``ALJ'') issued an 
ID, Order No. 18, granting respondent TI's motion for summary 
determination of non-infringement of the asserted claims of the '755 
and '945 patents. On July 19, 2005, complainant BIAX filed a petition 
for review of Order No. 18.
    On July 20, 2005, the parties filed a joint motion to extend the 
deadline for filing responses to BIAX's petition for review of Order 
No. 18 until August 10, 2005, and to extend the deadline for the 
Commission to determine whether to review Order No. 18 until August 30, 
2005. On July 22, 2005, the Chairman extended the deadline for filing 
responses to the BIAX's petition for review of Order No. 18 until 
August 10, 2005.
    On August 1, 2005, the Commission determined to extend the deadline 
for determining whether to review the Order No. 18, granting respondent 
TI's motion for summary determination of non-infringement of the 
asserted claims of the '755 and '945 patents, by 30 days, i.e., until 
September 12, 2005.
    On August 3, 2004, complainant BIAX and respondents filed a joint 
motion to terminate the investigation based on a license agreement 
between BIAX and respondent TI. The Commission investigative attorney 
supported the joint motion.
    On August 8, 2005, the presiding ALJ issued the subject ID (Order 
No. 23) granting the joint motion to terminate the investigation based 
on a license agreement between BIAX and respondent TI. No party filed a 
petition to review the subject ID. The Commission has determined not to 
review ALJ Order No. 23.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Sec.  210.42 of Rules of 
Practice and Procedure, 19 CFR 210.42.

    Issued: September 1, 2005.


[[Page 53384]]


    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-17737 Filed 9-7-05; 8:45 am]
BILLING CODE 7020-02-P