[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Page 8789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3386]


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INTERNATIONAL TRADE COMMISSION

[Investigation 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 Not To Review an Initial Determination 
Granting Complainant's Motion To Amend the Complaint and Notice of 
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'') (Order No. 19) issued by the presiding administrative law 
judge (``ALJ'') granting complainant's motion to amend the complaint 
and notice of investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, 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: This investigation was instituted on January 
9, 2006, based on a complaint filed by Biax Corporation (``Biax'') of 
Boulder, Colorado. The complaint alleges violations of section 337 of 
the Tariff Act of 1930 (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 digital processors or digital 
processing systems, components thereof, or products containing the same 
by reason of infringement of various claims of United States Patent 
Nos. 5,021,945 (``the `945 patent''), 5,517,628 (``the `628 patent''), 
and 6,253,313 (``the `313 patent''). The complaint originally named 
four respondents: Philips Semiconductors B.V. of the Netherlands; 
Philips Consumer Electronics Services B.V. of the Netherlands; Philips 
Consumer Electronics North America Corp. of Atlanta, Georgia; and 
2Wire, Inc. of San Jose, California. Biax previously amended the 
complaint and notice of investigation to remove Philips Consumer 
Electronics North America Corp. and Philips Consumer Electronics 
Services B.V. and to add Philips Electronics North America Corp., 
Philips Semiconductors, Inc., and Philips Consumer Electronics B.V. as 
respondents.
    On January 23, 2007, Biax moved to amend the complaint and notice 
of investigation to remove respondent Philips Semiconductors B.V. and 
to add NXP B.V. of the Netherlands as a respondent. Biax stated that it 
had recently learned that Philips Semiconductors B.V. was spun off into 
a new business entity NXP B.V. Biax also moved to withdraw claims 3, 4, 
8, and 12 of the `945 patent and all of the asserted claims of the `628 
patent and the `313 patent from the investigation to reduce the number 
of issues. None of the current respondents or the Commission 
investigative attorney opposed Biax's motion.
    On February 2, 2007, the ALJ issued an ID (Order No. 19) granting 
Biax's motion to amend the complaint and notice of investigation. The 
ALJ found that, pursuant to Commission Rule 210.14(b)(1) (19 CFR 
210.14(b)(1)), there was good cause to remove respondent Philips 
Semiconductors B.V. and to add NXP B.V. as a respondent and to withdraw 
claims 3, 4, 8, and 12 of the `945 patent and the asserted claims of 
the `628 patent and the `313 patent from the investigation. No 
petitions for review of the ID were filed.
    Having examined the record of this investigation, the Commission 
has determined not to review the ALJ's 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 section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.

    Issued: February 22, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3386 Filed 2-26-07; 8:45 am]
BILLING CODE 7020-02-P