[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Page 73027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7026]


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INTERNATIONAL TRADE COMMISSION

[ Inv. No. 337-TA-519]


In the Matter of Certain Personal Computers, Monitors, and 
Components Thereof; Notice of Commission Decision to Review-In-Part an 
Initial Determination Finding No Violation of Section 337 of the Tariff 
Act of 1930 and to Remand Portions of the Investigation to the 
Administrative Law Judge

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 review-in-part the presiding 
administrative law judge's (``ALJ's'') initial determination (``ID'') 
issued on October 6, 2005, in the above-captioned investigation and to 
remand portions of the investigation to the ALJ to make additional 
factual findings and determinations.

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) 205-3065. 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: This patent-based section 337 investigation 
was instituted by the Commission on August 6, 2004, based on a 
complaint filed by Gateway, Inc. of Poway, California (``Gateway''). 69 
FR 47956 (August 6, 2004). The complainant alleged violations of 
section 337 in the importation and sale of certain personal computers, 
monitors, and components thereof, by reason of infringement of three 
U.S. patents. The complainant named Hewlett-Packard Company of Palo 
Alto, California as a respondent. Claims 9-11 and 15-19 of U.S. Patent 
No. 5,192,999 (``the `999 patent'') remain at issue in this 
investigation.
    The evidentiary hearing was held from May 23 through May 26, 2005. 
On October 6, 2005, the ALJ issued a final ID finding no violation of 
section 337. All the parties to the investigation, including the 
Commission investigative attorney, filed timely petitions for review of 
various portions of the final ID. Respondent's petition is contingent 
upon a Commission determination to review the ALJ's findings on the 
issue of inequitable conduct. HP's Petition at

1. The parties all filed timely responses to all the petitions

    Having reviewed the record in this investigation, including the 
parties' written submissions, the Commission has determined to: (1) 
Review the ALJ's determination on induced infringement of Claim 19 and 
remand for further factual findings and analysis; (2) review the ALJ's 
determination on obviousness solely for the purpose of clarifying the 
ID's discussion of Sakraida v. AG Pro, Inc., 425 U.S. 273 (1976); (3) 
review the ALJ's determination on enablement; and (4) review the issue 
of inequitable conduct and remand for further factual findings and 
analysis. The Commission has further determined not to review the 
remainder of the ID.
    Written Submissions: The Commission does not request any written 
submissions at this time.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 
210.42-.45 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.45).

    Issued: December 1, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E5-7026 Filed 12-7-05; 8:45 am]
BILLING CODE 7020-02-P