[Federal Register Volume 71, Number 205 (Tuesday, October 24, 2006)]
[Notices]
[Pages 62297-62298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17770]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-570]


In the Matter of Certain Flash Memory Chips, Flash Memory 
Systems, and Products Containing Same; Notice of a Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation

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 not to review an initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') 
terminating the above-captioned investigation under section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337). The Commission has terminated the 
investigation based on a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., telephone 202-
708-2310, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC

[[Page 62298]]

20436. Copies of all 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) at http://edis.usitc.gov. 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: The Commission instituted this investigation 
on May 16, 2006, based on a complaint filed on April 11, 2006, by Lexar 
Media, Inc. (``Lexar'') of Fremont, California. 71 FR 28387. The 
complaint alleges 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 flash memory chips, flash memory 
systems, and products containing same by reason of infringement of 
claims 1 and 2 of U.S. Patent No. 6,801,979; claims 1-7 of U.S. Patent 
No. 6,397,314; and claims 1-13, 15, and 16 of U.S. Patent No. 
6,978,342. The complaint named three respondents: Toshiba Corporation 
of Japan; Toshiba America, Inc. of New York, New York; and Toshiba 
America Electronic Components, Inc. of Irvine, California (collectively 
the ``respondents''). The complaint further alleged that an industry in 
the United States exists as required by subsection (a)(2) of section 
337. On August 31, 2006, Acclaim Innovations, LLC, which had become the 
assignee of the asserted patents, was permitted to intervene in the 
investigation as a co-complainant.
    On September 29, 2006, the co-complainants and all respondents 
filed a joint motion to terminate the investigation on the basis of a 
settlement agreement. The Commission Investigative Attorney filed a 
response in support of the motion on October 10, 2006.
    The ALJ issued the subject ID on October 11, 2006, granting the 
joint motion for termination. No party petitioned for review of the ID 
pursuant to 19 CFR 210.43(a), and the Commission found no basis for 
ordering a review on its own initiative pursuant to 19 CFR 210.44. The 
Commission has determined not to review the ID.
    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 sections 210.21(a)(2), (b) and 210.42(h)(3) of the Commission's 
Rules of Practice and Procedure.

    By order of the Commission.

    Issued: October 18, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-17770 Filed 10-23-06; 8:45 am]
BILLING CODE 7020-02-P