[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Pages 7456-7457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2593]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-543]


In the Matter of Certain Baseband Processor Chips and Chipsets, 
Transmitter and Receiver (Radio) Chips, Power Control Chips, and 
Products Containing Same, Including Cellular Telephone Handsets; Notice 
of Commission Decision To Hold a Public Hearing on the Issues of Remedy 
and the Public Interest; Extension of the Target Date for Completion of 
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 to hold a public hearing on the issues of 
remedy and the public interest, and has determined to extend the target 
date for completion of the above-captioned investigation by two (2) 
months to May 8, 2007.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. 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

[[Page 7457]]

viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: On June 21, 2005, the Commission instituted 
an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 
1337, based on a complaint filed by Broadcom Corporation of Irvine, 
California, alleging a violation of section 337 in the importation, 
sale for importation, and sale within the United States after 
importation of certain baseband processor chips and chipsets, 
transmitter and receiver (radio) chips, power control chips, and 
products containing same, including cellular telephone handsets by 
reason of infringement of certain claims of U.S. Patent Nos. 6,374,311; 
6,714,983; 6,583,675; 5,682,379 (``the `379 patent''); and 6,359,872 
(``the `872 patent''). 70 FR 35707 (June 21, 2005). The complainant 
named Qualcomm Incorporated of San Diego, California (``Qualcomm'') as 
the only respondent. The `379 patent and `872 patent have been 
terminated from this investigation.
    On October 19, 2006, the presiding administrative law judge 
(``ALJ'') issued an Initial Determination (``ID'') on Violation of 
Section 337 and Recommended Determination (``RD'') on Remedy and Bond, 
finding a violation of section 337. The ID found a violation of section 
337, and the RD recommended a limited exclusion order directed to 
baseband processor chips imported by Qualcomm. On December 8, 2006, the 
Commission issued a notice of its decision to review and upon review to 
modify in part the ALJ's final ID. The modification made by the 
Commission did not change the finding of violation. The Commission also 
requested the parties to the investigation, interested Government 
agencies, and any other interested persons to file written submissions 
on the issues of remedy, the public interest, and bonding.
    On January 25, 2007, respondent Qualcomm moved, inter alia, for 
oral argument and hearing on the issues of remedy and the public 
interest. Complainant Broadcom opposed the motion on the ground that a 
hearing would delay the grant of relief in this investigation. No other 
party has responded to Qualcomm's motion. In view of the impact that an 
exclusion order covering downstream products may have on the public 
interest, the Commission has determined to hold a public hearing on the 
issues of remedy and the public interest. The Commission has also 
determined to extend the target date for completion of this 
investigation by two (2) months to May 8, 2007.
    Commission Hearing: The Commission will hold the public hearing on 
March 21, 2007, and, if necessary, on March 22, 2007, in the 
Commission's main hearing room, 500 E Street, SW., Washington, DC 
20436, beginning at 9:30 a.m. The hearing will be limited to the issues 
of remedy and the public interest. In particular, the Commission will 
hear presentations concerning the appropriate remedy, and the effect 
that such remedy would have upon the public interest.
    Parties to the remedy stage of this investigation, Government 
agencies, public-interest groups, and interested members of the public 
may make oral presentations on the issues of remedy and the public 
interest. Oral presentations concerning the violation determinations 
already made in this investigation will not be permitted. Presentations 
need not be confined to the evidentiary record certified to the 
Commission by the ALJ, and may include the testimony of witnesses.
    Presentations will likely be heard in the following order: 
complainant, respondent, intervenors, the Commission investigative 
attorney, Government agencies, public-interest groups, and interested 
members of the public. Given time constraints, Government agencies, 
public-interest groups, and interested members of the public may expect 
to be allotted no more than 10 minutes for their presentations. The 
time limits shall be exclusive of the time consumed by questioning by 
the Commission. Further details will be provided to the participants.
    Notice of Appearance: Written requests to appear at the Commission 
hearing must be filed with the Office of the Secretary by February 28, 
2007. Persons who wish to participate must provide their e-mail 
addresses as part of their contact information. Participants are also 
requested to provide a one-page synopsis of their oral presentations 
indicating what position they have on the issues to be addressed at the 
hearing. These documents will be placed in the public record.
    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 210.50 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.50).

    Issued: February 9, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-2593 Filed 2-14-07; 8:45 am]
BILLING CODE 7020-02-P