[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Page 66195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19071]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-556]


In the Matter of Certain High-Brightness Light Emitting Diodes 
and Products Containing Same; Notice of Commission Decision Not To 
Review an Initial Determination Granting Complainant's Motion To Amend 
the Complaint

AGENCY: 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'') granting 
complainant's motion to amend the complaint in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 December 8, 2005, based on a complaint filed by Lumileds Lighting 
U.S., LLC (``Lumileds'') of San Jose, California. 70 FR 73026. The 
complaint, as amended and supplemented, alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. **1337, in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain high-
brightness light emitting diodes (``LEDs'') and products containing 
same by reason of infringement of claims 1 and 6 of U.S. Patent No. 
5,008,718; claims 1-3, 8-9, 16, 18, and 23-28 of U.S. Patent No. 
5,376,580; and claims 12-16 of U.S. Patent No. 5,502,316. The complaint 
further alleges the existence of a domestic industry. The Commission's 
notice of investigation named Epistar Corporation (``Epistar'') of 
Hsinchu, Taiwan, and United Epitaxy Company (``UEC'') of Hsinchu, 
Taiwan as respondents.
    On April 28, 2006, Lumileds moved to amend the complaint to: (1) 
Remove UEC as a named respondent, (2) change the complainant's full 
name from Lumileds Lighting U.S., LLC to Philips Lumileds Lighting 
Company LLC, and (3) identify additional Epistar LEDs alleged to 
infringe one or more patents-in-suit. The remaining respondent did not 
oppose the motion.
    On October 23, 2006, the ALJ issued the subject ID granting 
Lumileds' motion, and further ordering that the Notice of Investigation 
be amended to identify the actual parties in the above-captioned 
investigation. 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 this 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 210.14 and 210.42(c)) of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.14, 210.42(c)).

    By order of the Commission.

     Issued: November 6, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-19071 Filed 11-9-06; 8:45 am]
BILLING CODE 7020-02-P