[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 71044-71045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27860]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-648]


In the Matter of: Certain Semiconductor Integration Circuits 
Using Tungsten Metallization and Products Containing Same; Notice of 
Commission Decision Not To Review an Initial Determination Granting, 
In-Part, a Motion To Amend the Complaint and Notice of Investigation

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 an initial determination 
(``ID'') (Order No. 17) of the presiding administrative law judge 
(``ALJ'') granting, in-part, complainants' motion to amend the 
complaint and the notice of investigation in the above-captioned 
investigation to add two patent claims.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., 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 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: The Commission instituted this investigation 
on May 21, 2008 based on a complaint filed on April 18, 2008 by LSI

[[Page 71045]]

Corporation of Milpitas, California and Agere Systems Inc. of 
Allentown, Pennsylvania (collectively ``complainants''). 73 FR 29534-35 
(May 21, 2008). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 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 semiconductor integrated 
circuits using tungsten metallization and products containing same by 
reason of infringement of claim 1 of U.S. Patent No. 5,227,335 (``the 
'335 patent''). The complaint named numerous respondents including NXP 
B.V. of the Netherlands and Micronas Semiconductor Holding AG 
(``Micronas AG'') of Switzerland. The complaint further alleged that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    On September 2, 2008, the Commission issued notice of its 
determination not to review an ID granting the motion of complainants, 
NXP B.V., and proposed respondent NXP Semiconductors USA, Inc. (``NXP 
Semiconductors'') of San Jose, California to amend the complaint and 
notice of investigation to substitute NXP Semiconductors for NXP B.V. 
73 FR 52064-65 (Sept. 9, 2008). On October 8, 2008, the Commission 
issued notice of its determination not to review an ID granting a joint 
motion to amend the complaint and notice of investigation to substitute 
Micronas GmbH for Micronas AG. 73 FR 61168-69 (Oct. 15, 2008). On 
October 17, 2008, the Commission issued notice of its determination not 
to review an ID granting complainants' motion to amend the complaint to 
add five additional respondents. 73 FR 63195 (Oct. 23, 2008).
    On September 19, 2008, complainants moved to amend the complaint 
and notice of investigation to add dependent claims 3 and 4 of the '335 
patent to the investigation and new infringement allegations against 
the following respondents: (1) United Microelectronics Corp. (``UMC''); 
(2) Integrated Device Technology, Inc. (``IDT''); (3) AMIC Technology 
Corp. (``AMIC''); (4) Cypress Semiconductor Corp. (``Cypress''); (5) 
Freescale Semiconductor, Inc. (``Freescale''); (6) Grace Semiconductor 
Manufacturing Corp. (``Grace''); (7) Microchip Technology, Inc. 
(``Microchip''); (8) Micronas GmbH (``Micronas''); (9) Nanya Technology 
Corp. (``Nanya''); (10) NXP Semiconductors; (11) Powerchip 
Semiconductor (``Powerchip''); (12) ProMOS Technologies, Inc. 
(``ProMOS''); (13) Spansion, Inc. (``Spansion''); and (14) Vanguard 
International Semiconductor Corp. (``Vanguard'').
    On October 30, 2008, the ALJ issued the subject ID (Order No. 17) 
granting, in-part, complainants' motion to add the two patent claims. 
The ALJ denied the motion as to respondents UMC, AMIC, Microchip, 
Micronas, Nanya, NXP Semiconductors, Powerchip, ProMOS, and Spansion 
regarding claim 3, and as to respondents UMC, IDT, AMIC, Cypress, 
Freescale, Grace, Microchip, Micronas, NXP Semiconductors, Powerchip, 
ProMOS, Spansion, and Vanguard regarding claim 4. No party petitioned 
for review.
    The Commission has determined not to review the subject ID.
    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 sections 210.14 and 210.42(h) of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.14, 210.42(h).

    By order of the Commission.

    Issued: November 19, 2008.
William R. Bishop,
Acting Secretary to the Commission.
 [FR Doc. E8-27860 Filed 11-21-08; 8:45 am]
BILLING CODE 7020-02-P