[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27512-27513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7153]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-538]


In the Matter of Certain Audio Processing Integrated Circuits and 
Products Containing Same; Notice of Commission Decision To Review 
Portions of an Initial Determination Finding a Violation of Section 337 
of the Tariff Act of 1930 and To Deny Respondent's Motion for Leave To 
File a Reply to the Responses to Respondent's Petition for Review

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 certain portions of a final initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding a violation of section 337 of the Tariff Act of 1930, 
as amended, in the above-captioned investigation. The Commission has 
also denied respondent's motion for leave to file a reply in support of 
its petition for review.

FOR FURTHER INFORMATION CONTACT: Steven W. 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 the 
public version of the ALJ's ID and all other 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.
    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-ON-LINE) 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 April 18, 2005, based on a complaint filed on behalf of SigmaTel, 
Inc. (``complainant'') of Austin, Texas. 70 FR 20172. 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 audio processing integrated circuits and 
products containing same by reason of infringement of claim 10 of U.S. 
Patent No. 6,137,279 (``the `279 patent'') and claim 13 of U.S. Patent 
No. 6,633,187 (``the `187 patent''). Id. The notice of investigation 
named Actions Semiconductor Co. of Guangdong, China (``Actions'') as 
the only respondent.
    On June 9, 2005, the ALJ issued an ID (Order No. 5) granting 
complainant's motion to amend the complaint and notice of investigation 
to add allegations of infringement of the previously asserted patents 
and to add an allegation of a violation of section 337 by reason of 
infringement of claims 1, 6, 9, and 13 of U.S. Patent No. 6,366,522 
(``the `522 patent''). That ID was not reviewed by the Commission.
    On October 13, 2005, the ALJ issued an ID (Order No. 9) granting 
complainant's motion to terminate the investigation as to the `279 
patent. On October 31, 2005, the Commission determined not to review 
the ID.
    On October 31, 2005, the ALJ issued an ID (Order No. 14) granting 
complainant's motion for summary determination that the importation 
requirement of section 337 has been satisfied. On November 1, 2005, the 
ALJ issued an ID (Order No. 15) granting complainant's motion for 
summary determination that complainant has satisfied the economic prong 
of the domestic industry requirement of section 337 for the patents in 
issue. Those IDs were not reviewed by the Commission.
    A five-day evidentiary hearing was held from November 29, 2005, 
through December 3, 2005. On March 20, 2006, the ALJ issued his final 
ID and recommended determination on remedy and bonding. The ALJ 
concluded that there was a violation of section 337. Specifically, he 
found that claim 13 of the `187 patent was valid and infringed by 
Actions' accused product families 207X, 208X, and 209X. The ALJ also 
determined that claims 1, 6, 9, and 13 of the `522 patent were valid 
and infringed by Actions' accused product families 208X and 209X.
    On April 3, 2006, respondent Actions petitioned for review of 
portions of the final ID. On April 10, 2006, complainant SigmaTel and 
the Commission investigative attorney (``IA'') filed responses in 
opposition to the petition for review.
    On April 17, 2006, respondent Actions filed a motion for leave to 
file a reply to complainant SigmaTel's response to Actions' petition 
for review. On April 19, 2006, complainant SigmaTel filed a motion in 
opposition to Actions' motion. The Commission has determined to deny 
Actions' motion for leave to file a reply.
    Having examined the record in this investigation, including the ID, 
the petitions for review, and the responses thereto, the Commission has 
determined to review the ID in part:
    (1) With respect to the `187 patent, the Commission has determined 
to review the ALJ's construction of the claim term ``memory'' in claim 
13 to remove the apparent inadvertent inclusion of the word 
``firmware'' from his claim construction.
    (2) With respect to the `522 patent, the Commission has determined 
to review the ALJ's construction of the following limitation of claims 
1 and 9: ``Produce the system clock control signal and power supply 
control signal based on a processing transfer characteristic of the 
computation engine.'' The Commission has also determined to review the 
ALJ's findings of fact and conclusions of law concerning infringement 
of claims 1, 6, 9, and 13 of the `522 patent by the accused Actions 
chips, and to review the ALJ's findings of fact and conclusions of law 
concerning whether SigmaTel's chips satisfy the technical prong of the 
domestic industry

[[Page 27513]]

requirement of section 337 in regard to the `522 patent.
    The Commission has determined not to review the remainder of the 
ID.
    On review, the Commission requests briefing based on the 
evidentiary record on all issues under review. In particular, the 
Commission requests that the parties brief the following questions, 
with all answers supported by citations to legal authority and the 
evidentiary record:
    1. Does Federal Circuit case law support reference to the 
specification of the patent to vary the plain meaning of a claim term 
that is a simple English word such as ``and?'' See e.g. Phillips v. AWH 
Corporation, 415 F.3d 1303, 1314 (Fed. Cir. 2005); Chef America, Inc. 
v. Lamb-Weston, Inc., 358 F.3d 1371, 1373 (Fed. Cir. 2004).
    2. Please discuss the impact on the ALJ's infringement analysis if 
the claim term ``produce the system clock control signal and power 
supply control signal based on a processing transfer characteristic of 
the computation engine'' in claims 1 and 9 of the `522 patent is 
interpreted to require that both the frequency and voltage must be 
adjusted.
    3. Please discuss the impact on the ALJ's analysis of the technical 
prong of the domestic industry requirement in this investigation if the 
claim term ``produce the system clock control signal and power supply 
control signal based on a processing transfer characteristic of the 
computation engine'' in claim 1 of the `522 patent is interpreted to 
mean that both the frequency and voltage must be adjusted.
    In connection with the final disposition of this investigation, the 
Commission may issue (1) an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
cease and desist orders that could result in respondents being required 
to cease and desist from engaging in unfair acts in the importation and 
sale of such articles. Accordingly, the Commission is interested in 
receiving written submissions that address the form of remedy, if any, 
that should be ordered. If a party seeks exclusion of an article from 
entry into the United States for purposes other than entry for 
consumption, the party should so indicate and provide information 
establishing that activities involving other types of entry either are 
adversely affecting it or are likely to do so. For background 
information, see the Commission Opinion, In the Matter of Certain 
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360.
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the President has 60 
days to approve or disapprove the Commission's action. During this 
period, the subject articles would be entitled to enter the United 
States under a bond, in an amount to be determined by the Commission 
and prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review. The submission 
should be concise and thoroughly referenced to the record in this 
investigation, including references to exhibits and testimony. 
Additionally, the parties to the investigation, interested government 
agencies, and any other interested persons are encouraged to file 
written submissions on the issues of remedy, the public interest, and 
bonding. Such submissions should address the ALJ's March 20, 2006, 
recommended determination on remedy and bonding. Complainant and the 
Commission investigative attorney are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainant is 
requested to supply the expiration dates of the patents at issue and 
the HTSUS numbers under which the accused products are imported. The 
written submissions and proposed remedial orders must be filed no later 
than the close of business on May 15, 2006. Reply submissions must be 
filed no later than the close of business on May 22, 2006. No further 
submissions will be permitted unless otherwise ordered by the 
Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original and 12 true copies thereof on or before the 
deadlines stated above. Any person desiring to submit a document (or 
portion thereof) to the Commission in confidence must request 
confidential treatment unless the information has already been granted 
such treatment during the proceedings. All such requests should be 
directed to the Secretary of the Commission and must include a full 
statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
is granted by the Commission will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary.
    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-.46 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.46).

    Issued: May 5, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-7153 Filed 5-10-06; 8:45 am]
BILLING CODE 7020-02-P