[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Page 27181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13327]



[[Page 27181]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-665]


In the Matter of Certain Semiconductor Integrated Circuits and 
Products Containing Same; Notice of Commission Determination Not To 
Review an Initial Determination Granting-in-Part and Denying-in-Part 
Complainant's Motion for Leave 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. 31) of the presiding administrative law judge 
(``ALJ'') granting-in-part and denying-in-part complainant's motion for 
leave to amend the complaint and notice of investigation.

FOR FURTHER INFORMATION: Michael Liberman, Esq., Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-205-3152. Copies of the ID and all 
other 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. 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.

SUPPLEMENTARY INFORMATION: On December 24, 2008, the Commission 
instituted an investigation under section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, based on a complaint filed by Qimonda AG of 
Munich, Germany (``Qimonda''), alleging a violation of section 337 in 
the importation, sale for importation, and sale within the United 
States after importation of certain semiconductor integrated circuits 
and products containing same that infringe various claims of U.S. 
Patent Nos. 5,213,670; 5,646,434; 5,851,399; 6,103,456; 6,495,918; 
6,593,240; and 6,714,055. 73 FR 79165 (Dec. 24, 2008). The complainant 
named numerous entities as respondents.
    On April 20, 2009, complainant Qimonda filed a motion for leave to 
amend its complaint. On May 4, 2009, the ALJ issued Order No. 31 
granting-in-part and denying-in-part Qimonda's motion. The ALJ 
determined that the notice of investigation is amended to remove 
Seagate Technologies International (Singapore) as a respondent, and 
that Qimonda's motion is otherwise denied. On May 12, 2009, Qimonda 
filed a petition for review of the portion of Order No. 31 that denied 
its motion to amend. The Commission investigative attorney and several 
respondents opposed the petition on May 19, 2009. Qimonda's petition is 
improper because it concerns a portion of Order No. 31 that is not an 
ID. See Commission rule 19 Sec.  210. 42(c), 19 CFR 210.4(c). Qimonda's 
petition has not been considered by the Commission.
    The Commission has determined not to review the 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 section 210.42(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    Issued: May 29, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-13327 Filed 6-5-09; 8:45 am]
BILLING CODE 7020-02-P