[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60323-60324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24183]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-564; Enforcement Proceeding]


In the Matter of Certain Voltage Regulators, Components Thereof 
and Products Containing Same; Notice of Institution of Formal 
Enforcement Proceeding

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 instituted a formal enforcement proceeding relating to 
the limited exclusion order issued at the conclusion of the above-
captioned investigation.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. Copies of all 
nonconfidential 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 the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 22, 2006 based on a complaint filed by Linear Technology 
Corporation (``Linear'') of Milpitas, California. 71 FR 14545 (March 
22, 2006). The complaint, as supplemented, alleged violations of 
section 337 of the Tariff Act of 1930 (``section 337'') 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 claims 1-14 and 23-25 of U.S. Patent No. 
6,411,531 (``the `531 patent'') and claims 1-19, 31, 34, and 35 of U.S. 
Patent No. 6,580,258 (``the `258 patent''). The complaint further 
alleged that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The complaint named Advanced Analogic 
Technologies, Inc. (``AATI'') of Sunnyvale, California as the sole 
respondent. Several claims were terminated during the investigation, 
and only claims 4, 9, and 26 of the `531 patent and claims 2, 3, 34, 
and 35 of the `258 patent were adjudicated.
    On May 22, 2007, the presiding administrative law judge (``ALJ'') 
issued a final initial determination (``ID''), finding no violation of 
section 337. Specifically, the ALJ found that none of AATI's accused 
products directly infringed the asserted claims of the `258 patent, but 
that one accused product directly infringed claims 4 and 26 of the `531 
patent. The ALJ found no indirect infringement 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 were invalid 
due to anticipation, rejecting other arguments of invalidity, 
unenforceability, and estoppel. The ALJ also determined that a domestic 
industry existed with regard to the `258 patent, but not with regard to 
the `531 patent, because of a failure to meet the technical prong of 
the domestic industry requirement.
    On July 24, 2007, the Commission determined to review certain 
issues regarding the `258 patent, but determined not to review the 
ALJ's ID regarding the `531 patent (except for one issue on which it 
took no position), resulting in a final determination of no violation 
with respect to the `531 patent. On September 24, 2007, after review, 
the Commission issued its final determination in the investigation with 
respect to the `258 patent, reversing the ALJ on certain issues and 
finding a violation of section 337. Specifically, the Commission found 
claims 2, 3, and 34 of the `258 patent valid and infringed by one 
representative product of AATI. The Commission issued a limited 
exclusion order directed to AATI with regard to voltage regulators 
covered by claims 2, 3, and 34 of the `258 patent. The Commission also 
determined that the public interest factors enumerated in 19 U.S.C. 
1337(d) did not preclude issuance of the limited exclusion order, and 
that the bond during the Presidential review period would be 100 
percent of the entered value of each voltage regulator that is subject 
to the order.
    Linear filed a complaint on February 20, 2008, an amended complaint 
on June 18, 2008, and a second amended complaint on August 29, 2008, 
requesting that the Commission institute a formal enforcement 
proceeding against AATI under Commission rule 210.75 for violation of 
the limited exclusion order.
    Having examined the amended enforcement complaint, and having found 
it complies with the requirements for institution of a formal 
enforcement proceeding contained in Commission rule 210.75, the 
Commission has determined to institute a formal enforcement proceeding 
to determine whether AATI is in violation of the Commission's limited 
exclusion order issued in the investigation, and what, if any, 
enforcement measures are appropriate.
    The following entities are named as parties to the formal 
enforcement proceeding: (1) Complainant Linear, (2) respondent AATI, 
and (3) a Commission investigative attorney to be designated by the 
Director, Office of Unfair Import Investigations.

[[Page 60324]]

    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 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    Issued: October 1, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-24183 Filed 10-9-08; 8:45 am]
BILLING CODE 7020-02-P