[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Notices]
[Page 73268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7128]



[[Page 73268]]

=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-526]


In the Matter of Certain NAND Flash Memory Circuits and Products 
Containing Same; Notice of Commission Decision To Review in Part an 
Initial Determination, and on Review, To Take No Position Concerning 
Certain Validity Issues and To Affirm the Administrative Law Judge's 
Determination That There Is No Violation of Section 337; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the United States International 
Trade Commission has determined to review in part an initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') finding no violation of section 337 of the Tariff Act of 
1930. Specifically, the Commission has determined to review the portion 
of the ALJ's determination relating to anticipation and obviousness. On 
review, the Commission has determined to take no position with respect 
to these issues, but to affirm the ALJ's determination of no violation 
of section 337 and to terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Steven Crabb, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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 at 
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 
on October 15, 2004, based on a complaint filed by SanDisk Corporation 
(``SanDisk'') under section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) against respondents, STMicroelectronics N.V. of Geneva, 
Switzerland and STMicroelectronics, Inc. of Carrollton, Texas 
(collectively referred to as ``ST''). SanDisk's complaint alleged 
violations of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain NAND Flash Memory circuits and products 
containing the same by reason of infringement of claims 27, 28, and 32 
of United States Patent No. 5,172,338 (the `` `338 patent'').
    The ALJ held a hearing from August 1, 2005 to August 8, 2005, and 
on October 19, 2005, the ALJ issued his final ID, including his 
recommended determination on remedy and bonding. The ALJ determined 
that there was no violation of section 337, because respondents' 
products do not infringe the asserted claims of the `338 patent and 
because complainant failed to satisfy the technical prong of the 
domestic industry requirement. The ALJ rejected arguments by ST that 
the `338 patent is invalid as anticipated and as obvious. The ALJ 
further rejected arguments by ST and the Commission's investigative 
attorney (``IA'') that the `338 patent is invalid for failing to meet 
the written description requirement and/or the indefiniteness 
requirement under 35 U.S.C. 112, ]]1 and 2. The ALJ also rejected ST's 
arguments that the `338 patent is unenforceable based on inequitable 
conduct and improper inventorship.
    On October 31, 2005, SanDisk filed a petition for review, arguing 
that the ALJ improperly construed the claims and concluded that there 
was no infringement and no domestic industry. On the same day, ST filed 
a contingent petition for review, requesting that the Commission review 
the ALJ's claim construction and determination that the patent was not 
invalid and not unenforceable, in the event that the Commission decided 
to grant SanDisk's petition. On November 7, 2005, SanDisk and the IA 
filed responses to the petitions, arguing that the invalidity and 
unenforceability issues do not warrant review. On the same day, ST 
filed a response, supported by the IA, arguing that the infringement 
and domestic industry issues should not be reviewed.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review in part the ALJ's ID. 
Specifically, the Commission has determined to review the portion of 
the ALJ's determination relating to anticipation and obviousness. On 
review, the Commission has determined to take no position with respect 
to those issues, but to affirm the ALJ's determination of no violation 
of section 337 based on his findings of no infringement and no domestic 
industry, thereby terminating the investigation. 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 210.42-45 of 
the Commission's Rules of Practice and Procedure (19 CFR 210.42-45).

    By order of the Commission.

    Issued: December 5, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E5-7128 Filed 12-8-05; 8:45 am]
BILLING CODE 7020-02-P