[Federal Register Volume 74, Number 42 (Thursday, March 5, 2009)]
[Notices]
[Pages 9635-9636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4704]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-541]


 In the Matter of Certain Power Supply Controllers and Products 
Containing Same; Limited Exclusion Order

    On June 13, 2005, the Commission instituted this investigation, 
based on a complaint filed by Power Integrations, Inc. (``PI'') of San 
Jose, California. 70 FR. 34149 (June 13, 2005). The complaint, as 
amended and 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 power supply controllers and products 
containing the same. The Commission determined that System General 
Corporation (``SG'') of Taipei, Taiwan, violated section 337 by reason 
of infringement of claims 1, 3, 5, and 6 of United States Patent No. 
6,351,398 (``the `398 patent'') and claims 26 and 27

[[Page 9636]]

of United States Patent No. 6,538,908 (``the `908 patent'').
    On October 27, 2008, SG filed a petition for modification of the 
limited exclusion order in light of Kyocera Wireless Corp. v. Int'l 
Trade Comm'n, 545 F.3d 1340 (Fed. Cir. 2008), requesting that the 
Commission modify the existing exclusion order so it does not exclude 
downstream products of non-respondents. On November 7, 2008, 
complainant PI filed an opposition to SG's petition for modification. 
On the same day, the Commission IA filed a response supporting SG's 
petition. Finally, on November 26, 2008, SG moved for leave to file a 
reply in support of its petition and also filed the reply.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission has made its 
determination on the petition for modification. The Commission has 
determined that the appropriate form of relief is a limited exclusion 
order prohibiting the unlicensed entry of power supply controllers that 
infringe one or more of claims 1, 3, 5, and 6 of the `398 patent or 
claims 26 and 27 of the `908 patent and that are manufactured abroad by 
or on behalf of, or imported by or on behalf of, SG, its affiliated 
companies, parents, subsidiaries, licensees, contractors, or other 
related business entities, or successors or assigns. The Commission has 
also determined to prohibit the unlicensed entry of liquid crystal 
display (``LCD'') computer monitors, AC printer adapters, and sample/
demonstration boards containing such infringing power supply 
controllers that are manufactured abroad by or on behalf of, or 
imported by or on behalf of, SG, its affiliated companies, parents, 
subsidiaries, licensees, contractors, or other related business 
entities, or successors or assigns.
    The Commission has further determined that the public interest 
factors enumerated in 19 U.S.C. 1337(d)(1) do not preclude issuance of 
the limited exclusion order.
    Accordingly, the Commission hereby orders that:
    1. Power supply controllers that infringe one or more of claims 1, 
3, 5, and 6 of United States Patent No. 6,351,398 and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
SG, or any of its affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns, and LCD 
computer monitors, AC printer adapters, and sample/demonstration boards 
that contain such infringing power supply controllers and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
SG, or any of its affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns, are excluded 
from entry for consumption into the United States, entry for 
consumption from a foreign-trade zone, or withdrawal from a warehouse 
for consumption, for the remaining term of the patent, except under 
license of the patent owner or as provided by law.
    2. Power supply controllers that infringe one or more of claims 26 
and 27 of United States Patent No. 6,538,908 and that are manufactured 
abroad by or on behalf of, or imported by or on behalf of, SG, or any 
of its affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns, and LCD computer 
monitors, AC printer adapters, and sample/demonstration boards that 
contain such infringing power supply controllers and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
SG, or any of its affiliated companies, parents, subsidiaries, or other 
related business entities, or their successors or assigns, are excluded 
from entry for consumption into the United States, entry for 
consumption from a foreign-trade zone, or withdrawal from a warehouse 
for consumption, for the remaining term of the patent, except under 
license of the patent owner or as provided by law.
    3. In accordance with PI's withdrawal of infringement allegations 
against certain of SG's products, the provisions of this Order shall 
not apply to SG's power supply controllers SG6105, SG68501, SG68502, 
SG38xx, SG5841, SG5848, SG6842J w/HV Start, SG6846, SG6846A, SG6848, 
SG6848x, SG6849, SG6850, and SG69xx.
    4. When the United States Bureau of Customs and Border Protection 
(``Customs'') is unable to determine by inspection whether power supply 
controllers, LCD computer monitors, AC printer adapters, or sample/
demonstration boards fall within the scope of this Order, it may, in 
its discretion, accept a certification, pursuant to procedures 
specified and deemed necessary by Customs, from persons seeking to 
import said products that they are familiar with the terms of this 
Order, that they have made appropriate inquiry, and thereupon state 
that, to the best of their knowledge and belief, the products being 
imported are not excluded from entry under paragraphs 1 or 2 of this 
Order. At its discretion, Customs may require persons who have provided 
the certification described in this paragraph to furnish such records 
or analyses as are necessary to substantiate the certification.
    5. In accordance with 19 U.S.C. 1337(l), the provisions of this 
Order shall not apply to power supply controllers, LCD computer 
monitors, AC printer adapters, or sample/demonstration boards 
containing the same that are imported by and for the use of the United 
States, or imported for, and to be used for, the United States with the 
authorization or consent of the Government.
    6. The Commission may modify this Order in accordance with the 
procedures described in section 210.76 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.76.
    7. The Secretary shall serve copies of this Order upon each party 
of record in this investigation and upon the Department of Health and 
Human Services, the Department of Justice, the Federal Trade 
Commission, and the Bureau of Customs and Border Protection.
    8. Notice of this Order shall be published in the Federal Register.

    By Order of the Commission.

    Issued: February 27, 2009.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-4704 Filed 3-4-09; 8:45 am]
BILLING CODE 7020-02-P