[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55250-55251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19123]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-564]


In the Matter of Certain Voltage Regulators, Components Thereof 
and Products Containing Same; Notice of Commission Final Determination 
of Violation of Section 337; Termination of Investigation; Issuance of 
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 that there is a violation of 19 U.S.C. 1337 
by Advanced Analogic Technologies, Inc. (``AATI'') of Sunnyvale, 
California in the above-captioned investigation, and has issued a 
limited exclusion order directed against products of respondent AATI. 
The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3107. 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 March 
22, 2006, based on a complaint filed by Linear Technology Corporation 
(``Linear'') of Milpitas, California. The complaint, as supplemented, 
alleged 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 voltage regulators, components thereof and products containing 
the same, by reason of infringement of various claims of United States 
Patent No. 6,411,531 (``the '531 patent'') and United States Patent No. 
6,580,258 (``the '258 patent''). The complaint named AATI as the sole 
respondent.
    On May 22, 2007, the ALJ issued his final ID finding no violation 
of section 337. Specifically, he found that none of AATI's accused 
products directly infringe the asserted claims of the '258 patent, and 
that one accused product directly infringed claims 4 and 26 of the '531 
patent. He found that no indirect infringement had occurred in 
connection with any of the asserted claims of either patent. As to 
validity, the ALJ determined that claim 35 of the '258 patent and 
claims 4, 9, and 26 of the '531 patent are invalid due to anticipation, 
rejecting other arguments of invalidity, unenforceability, and 
estoppel. The ALJ also determined that a domestic industry exists with 
regard to the '258 patent; but that there was no domestic industry with 
regard to the '531 patent, because of a failure to meet the technical 
prong of the domestic industry requirement. On May 30, 2007, the ALJ 
issued his Recommended Determination (``RD'') on remedy and bonding. 
Linear, AATI, and the Commission investigative attorney (``IA'') filed 
petitions for review of the ALJ's ID.
    On July 6, 2007, the Commission determined to extend the deadline 
for determining whether to review the subject final ID by fifteen (15) 
days, i.e., to July 24, 2007. On July 24, 2007, the Commission 
determined to review the final ID in part. Specifically, the Commission 
made the following determinations. With respect to the '258 patent, the 
Commission determined (1) to review the ID concerning the issues of 
claim construction, infringement, and validity; and (2) not to review 
the remainder of the ID as to the '258 patent. With respect to the '531 
patent, the Commission determined (1) to review the ID concerning the 
issue of whether asserted claim 9 of the '531 patent is invalid for 
anticipation by the Kase reference, and upon review to take no position 
as to that issue, and (2) not to review the remainder of the ID as to 
the '531 patent.
    The Commission requested written submissions from the parties 
relating to the issues on review, and submissions on the appropriate 
remedy, whether the statutory public interest factors preclude issuance 
of that remedy, and the amount of bond to be imposed during the 
Presidential review period.
    Having examined the record of this investigation, including the 
ALJ's final ID, the Commission has determined to reverse-in-part the 
subject ID such that: (i) The ALJ's construction of the terms in claims 
2, 3, 34, and 35 of the '258 patent are modified; (ii) the ALJ's 
conclusions on infringement of the '258 patent are reversed-in-part by 
reversing the ALJ's finding of no literal infringement with respect to 
the sleep mode claims (asserted claims 2, 3, and 34) only as to 
representative product AAT1143, and affirming the ALJ's finding of no 
infringement with respect to the reverse current claim (asserted claim 
35); and (iii) the ALJ's findings of validity of claims 2, 3, and 34 
and of invalidity of claim 35 of the '258 patent are affirmed. The 
Commission determined not to reach the issue of indirect infringement. 
The Commission has determined that the appropriate

[[Page 55251]]

form of relief is a limited exclusion order prohibiting the unlicensed 
entry of voltage regulators that infringe one or more of claims 2, 3, 
and 34 of the '258 patent and that are manufactured by or on behalf of 
AATI, its affiliated companies, parents, subsidiaries, licensees, 
contractors, or other related business entities, or successors or 
assigns.
    The Commission further determined that the public interest factors 
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude 
issuance of the limited exclusion order. Finally, the Commission 
determined that the amount of bond to permit temporary importation 
during the Presidential review period (19 U.S.C. 1337(j)) shall be in 
the amount of one hundred (100) percent of the entered value of the 
articles that are subject to the order. The Commission's order was 
delivered to the President and the United States Trade Representative 
on the day of its issuance.
    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 210.45 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.45).

    By order of the Commission.

    Issued: September 24, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-19123 Filed 9-27-07; 8:45 am]
BILLING CODE 7020-02-P