[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Notices]
[Page 53263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18206]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-538]


In the Matter of Certain Audio Processing Integrated Circuits and 
Products Containing Same; Notice of Commission Determination To Rescind 
a Limited Exclusion Order

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 rescind the limited exclusion order issued 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E. Street, 
SW., Washington, DC 20436, telephone (202) 708-2310. 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 
(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 April 18, 2005, based on a complaint filed on behalf of SigmaTel, 
Inc. (``SigmaTel'') of Austin, Texas. 70 Federal Register 20172. The 
complaint alleged violations of section 337 (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 audio 
processing integrated circuits and products containing same by reason 
of infringement of claim 10 of U.S. Patent No. 6,137,279 (``the '279 
patent'') and claim 13 of U.S. Patent No. 6,633,187 (``the '187 
patent''). The complaint named a single respondent, Actions 
Semiconductor Co., Ltd. of Guangdong, China (``Actions''). The 
complaint further alleged that an industry in the United States exists, 
as required by subsection (a)(2) of section 337.
    On July 8, 2005, the Commission determined not to review an initial 
determination (``ID'') granting SigmaTel's motion to amend the 
complaint and notice of investigation to add allegations of 
infringement of the previously asserted patents and to add an 
allegation of a violation of section 337 by reason of infringement of 
claims 1, 6, 9, and 13 of U.S. Patent No. 6,366,522 (``the '522 
patent''). On October 31, 2005, the Commission determined not to review 
an ID granting complainant's motion to terminate the investigation as 
to the '279 patent.
    On March 2006, the presiding administrative law judge (``ALJ'') 
issued his final ID and recommended determination on remedy and 
bonding. The ALJ found a violation of section 337 by reason of 
infringement of claim 13 of the '187 patent by Actions' accused product 
families 207X, 208X, and 209X, and of claims 1, 6, 9, and 13 of the 
'522 patent by Actions' accused product families 208X and 209X.
    On May 5, 2006, the Commission determined to review the ID and 
requested submissions regarding the issues under review as well as 
remedy, the public interest and bonding. On September 15, 2006, the 
Commission determined that there is a violation of section 337 of the 
Tariff Act of 1930, as amended, and issued a limited exclusion order 
prohibiting the importation of Actions' infringing products.
    On August 20, 2007, complainant SigmaTel and respondent Actions 
filed a joint petition to rescind the remedial order under Commission 
Rule 210.76(a)(1) on the basis of a settlement agreement between the 
parties. The parties asserted that their settlement agreement 
constituted ``changed conditions of fact or law'' sufficient to justify 
rescission of the order under Commission Rule 210.76(a)(1), 19 CFR 
210.76(a)(1). The Commission investigative attorney filed a response in 
support of the petition on August 29, 2007.
    Having reviewed the parties' submissions, the Commission has 
determined that the settlement agreement satisfies the requirement of 
Commission Rule 210.76(a)(1), 19 CFR 210.76(a)(1), that there be 
changed conditions of fact or law. The Commission therefore has issued 
an order rescinding the limited exclusion order previously issued in 
this investigation.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.76(a)(1) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.76(a)(1)).

    By order of the Commission.

    Issued: September 11, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-18206 Filed 9-17-07; 8:45 am]
BILLING CODE 7020-02-P