[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Page 34038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13462]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-616]


In the Matter of Certain Hard Disk Drives, Components Thereof, 
and Products Containing the Same; Notice of Commission Determination 
Not To Review Initial Determination Granting Complainants' Motion To 
Terminate the Investigation Based on Withdrawal of the Complaint

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 the initial determination 
(``ID'') (Order No. 17) of the presiding administrative law judge 
(``ALJ'') granting complainants' motion to terminate the investigation 
based on withdrawal of the complaint in the above-captioned 
investigation under section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 (``section 337'').

FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1999. 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: On October 15, 2007, the Commission 
instituted the above-captioned investigation based upon a complaint 
filed on September 10, 2007, by Steven F. Reiber and Mary L. Reiber of 
Lincoln, CA. 72 FR 58335-36 (October 15, 2007). The complaint alleges 
violations of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain hard disk drives, components thereof, and 
products containing the same by reason of infringement of certain 
claims of U.S. Patent Nos. 6,354,479; 6,651,864; and 6,935,548. The 
complaint named five respondents: Western Digital Corporation of Lake 
Forest, CA; Seagate Technology of Scotts Valley, CA; Toshiba American 
Information Systems, Inc. of Irvine, CA; Hewlett-Packard Company of 
Palo Alto, CA; and Dell Inc. of Round Rock, TX. The complaint further 
alleged that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    On April 30, 2008, Complainants filed a motion to terminate the 
investigation based on withdrawal of the complaint. The Commission 
Investigative Attorney filed a response in support of Complainants' 
motion on May 12, 2008. Also on May 12, 2008, Respondents filed a joint 
response to Complainants' motion in which they opposed termination of 
the investigation until pending motions regarding summary 
determination, attorneys fees, and sanctions, filed May 5, 2008, have 
been ruled upon.
    On May 13, 2008, the ALJ issued the subject ID granting 
Complainants' motion to terminate the investigation based on withdrawal 
of the complaint, pursuant to Commission Rule 210.21(a)(1). No 
petitions for review of the ID were filed. The Commission has 
determined not to review the subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 210.41(a) 
and 210.42(h)(3), of the Commission's Rules of Practice and Procedure 
(19 CFR 210.41(a), 210.42(h)(3)).

    By order of the Commission.

    Issued: June 11, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-13462 Filed 6-13-08; 8:45 am]
BILLING CODE 7020-02-P