[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 17999-18000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6805]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-512]


In the Matter of Certain Light-Emitting Diodes and Products 
Containing Same; Notice of Issuance on Remand of a Limited Exclusion 
Order With Respect to Certain Patents

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, on remand from the United States Court of Appeals for 
the Federal Circuit, determined to issue a limited exclusion order with 
respect to five patents in the above-referenced 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.

[[Page 18000]]


SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 10, 2004, based on a complaint filed by Osram GmbH and Osram 
Opto Semiconductors GmbH of Germany (collectively, ``Osram''). The 
complaint 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 light-emitting diodes and products containing 
the same due to infringement of various claims of United States Patent 
Nos. 6,066,861, 6,277,301, 6,613,247, 6,245,259, 6,592,780 (``the 
Particle Size Patents''), 6,576,930 (``the '930 patent''), 6,376,902, 
6,469,321, 6,573,580 (``the Lead Frame Patents''), and 6,716,673 (``the 
`673 patent'').
    The Commission found that respondent Dominant Semiconductors Sdn. 
Bhd. violated section 337 with respect to the Lead Frame Patents and 
the `673 patent, but not with regard to the Particle Size Patents and 
the `930 patent. The Commission issued a limited exclusion order 
directed to light emitting diodes that infringe the Lead Frame Patents 
and the `673 patent. On appeal by Osram, the Federal Circuit reversed 
the Commission's determination of no violation with regard to the 
Particle Size Patents and remanded the investigation to the Commission 
for further proceedings, i.e., remedy, the public interest, and 
bonding. Prior to the remand, the parties had briefed the issues of 
remedy, the public interest, and bonding.
    Having examined the record of this investigation, including the 
submissions of the parties, the Commission has determined on remand (1) 
to issue a limited exclusion order with respect to the Particle Size 
Patents; (2) that the public interest factors set out in 19 U.S.C. 
1337(d) do not preclude issuance of such an order; and (3) that the 
amount of the bond to be posted pursuant to 19 U.S.C. 1337(j) during 
the Presidential review period be set at 100 percent of the entered 
value of the subject articles. The Commission's order was delivered to 
the President on the day of its issuance. The Commission's prior 
remedial order issued in this investigation remains in effect.
    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).

    By order of the Commission.

    Issued: March 28, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-6805 Filed 4-1-08; 8:45 am]
BILLING CODE 7020-02-P