[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Notices]
[Pages 42117-42118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11753]


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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 Terminate the 
Investigation in Its Entirety Based on a Settlement Agreement Between 
the Parties

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to terminate this investigation based on a 
settlement agreement between the parties.

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, D.C. 
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 investigation was instituted by the 
Commission on August 6, 2004, based on a complaint filed by Gateway, 
Inc. of Poway, California (``Gateway'') under section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337. 69 FR 47956. 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 (``HP'') 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.
    On October 6, 2005, the presiding administrative law judge 
(``ALJ'') issued a final initial determination (``ID'') finding no 
violation of section 337. On December 1, 2005, the Commission issued 
notice that it had determined to: (1) Review the ALJ's determination 
regarding induced infringement of claim 19 of the '999 patent and 
remand the issue to him 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 the issue to him for 
further factual findings and analysis. The Commission did not review, 
and therefore adopted, the remainder of the ID. On January 12, 2006, 
the ALJ issued his findings on remand.
    On June 2, 2006, Gateway and HP filed a joint motion to terminate 
the investigation based on a settlement agreement. On June 13, 2006, 
the IA filed a response in support of the joint motion to terminate the 
investigation.
    The Commission has determined that termination of the investigation 
would not have an adverse impact on the public interest and that 
termination based on a settlement agreement is

[[Page 42118]]

generally in the public interest. Accordingly, the Commission has 
granted the joint motion to terminate the investigation based on the 
settlement agreement.
    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 210.21 of the Commission's Rules of Practice and Procedure 
(19 CFR. 210.21).

    Issued: July 19, 2006.

    By order of the Commission.
 Marilyn R. Abbott,
 Secretary to the Commission.
 [FR Doc. E6-11753 Filed 7-24-06; 8:45 am]
BILLING CODE 7020-02-P