[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Page 60753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17131]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-559]


In the Matter of Certain Digital Processors and Digital 
Processing Systems, Components Thereof, and Products Containing Same; 
Notice of Commission Decision To Review-In-Part the Presiding 
Administrative Law Judge's Initial Determination Granting Respondents' 
Motion for Summary Determination of Non-Infringement of U.S. Patent No. 
5,021,945

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 initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') issued on 
September 6, 2006, in the above-captioned investigation under section 
337 of the Tariff Act as amended, 19 U.S.C. 1337. Specifically, the 
Commission has determined to review the issues of (1) claim 
construction of the limitations ``logical processor number'' and 
``added to each instruction,'' (2) whether there are genuine issues of 
material fact precluding summary determination, and (3) the ALJ's 
interpretation of the law concerning the doctrine of equivalents.

FOR FURTHER INFORMATION CONTACT: Christal A. Sheppard, Esq., telephone 
202-708-2301, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. Copies of all 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-ON-LINE) at http://dockets.usitc.gov/eol.public. Hearing-impaired persons are advised that 
information on the matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on January 
17, 2006, based on a complaint filed on behalf of Biax Corporation 
(``Biax'') of Boulder, Colorado. 71 FR 2565 (January 17, 2006). The 
complaint asserts a violation of section 337 of the Tariff Act of 1930, 
19 U.S.C. 1337, in the importation into the United States, sale for 
importation, or sale within the United States after importation of 
certain digital processors and digital processing systems, components 
thereof, and products containing the same by reason of infringement of 
one or more claims of three U.S. patents including U.S. Patent No. 
5,021,945 (``the `945 patent''). 71 FR 2565 (January 17, 2006). The 
notice of investigation named five respondents but was subsequently 
amended first to remove and then to add respondents. Currently, the 
named respondents are: Philips Semiconductor, Inc.; Philips Electronics 
North America Corp.; Philips Consumer Electronics B.V.; Philips 
Semiconductors B.V. (collectively, ``Philips''); and 2Wire, Inc. of San 
Jose, California.
    On August 7, 2006, Philips moved for summary determination of non-
infringement of the three patents at issue. On August 11, 2006, 
respondent 2Wire filed a motion to join Philips' motion for summary 
determination. The Commission investigative attorney (``IA'') and Biax 
opposed the motion for summary determination. On September 6, 2006, the 
ALJ issued the subject ID granting Philips' motion as to only one of 
the three asserted patents, the `945 patent. Philips filed a petition 
for review on September 13, 2006. On September 14, 2006, the IA filed a 
request to file his petition for review one day past the due date. 
Neither Biax nor Philips opposes this request. On September 20, 2006, 
Philips filed combined oppositions to Biax's and the IA's petitions. On 
September 21, 2006, Biax filed a supplement to its petition for review. 
On September 28, 2006, respondents opposed the supplement. The 
Commission's rules do not provide for additional filings unless 
requested by the Commission. 19 CFR 210.43(d)(2). Therefore, we have 
not considered the supplement or the response. Whether the additional 
filings should be admitted into the record is an evidentiary matter 
that we leave, in the first instance, to the ALJ.
    The Commission, having examined the petitions for review, the 
responses thereto, and the relevant portions of the record has 
determined to review the following issues: (1) Claim construction of 
the limitations ``logical processor number'' and ``added to each 
instruction,'' (2) whether there are genuine issues of material fact 
precluding summary determination, and (3) the ALJ's interpretation of 
the law concerning the doctrine of equivalents. The Commission has also 
granted the IA's request to file his petition out of 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 sections 210.43 
and 210.45(c) of the Commission's Rules of Practice and Procedure (19 
CFR 210.43 and 210.45(c)).

     Issued: October 10, 2006.

    By order of the Commission.

Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-17131 Filed 10-13-06; 8:45 am]
BILLING CODE 7020-02-P