[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 31975-31976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15891]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-543 (Remand Proceeding) (Enforcement Proceeding)]


In the Matter of Certain Baseband Processor Chips and Chipsets, 
Transmitter and Receiver (Radio) Chips, Power Control Chips, and 
Products Containing Same, Including Cellular Telephone Handsets; Notice 
of Commission Determination Not To Review an Initial Determination 
Terminating the Investigation Based on a Settlement Agreement

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 presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 74) 
granting a joint motion to terminate the investigation based on a 
settlement agreement.

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 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: On June 21, 2005, 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 Broadcom Corporation (``Broadcom'') 
of Irvine, California, alleging a violation of section 337 in the 
importation, sale for importation, and sale within the United States 
after importation of certain baseband processor chips and chipsets, 
transmitter and receiver (radio) chips, power control chips, and 
products containing same, including cellular telephone handsets by 
reason of infringement of five patents. 70 FR 35707 (June 21, 2005). 
Broadcom named Qualcomm Incorporated (``Qualcomm'') of San Diego, 
California as the only respondent. On December 8, 2006, the Commission 
affirmed the ALJ's final ID finding a violation due to infringement of 
U.S. Patent No. 6,714,983. On June 7, 2007 the Commission issued a 
limited exclusion order and a cease and desist order to Qualcomm. 
Qualcomm appealed the Commission's determination to the U.S. Court of 
Appeals for the Federal Circuit (``Federal Circuit'') on August 7, 
2007, which appeal was consolidated under the lead case Kyocera 
Wireless Corp. v. International Trade Commission, Nos. 2007-1492, et 
al. (``Kyocera'').
    On November 9, 2007, Broadcom filed an enforcement complaint 
pursuant to Commission Rule 210.75, alleging, inter alia, that Qualcomm 
has violated and continues to violate the Commission's cease and desist 
order. Based on Broadcom's complaint, the Commission instituted the 
enforcement proceeding on December 28, 2007. 72 FR 73879 (Dec. 28, 
2007). On October 14, 2008, the Federal Circuit issued an opinion in 
Kyocera, remanding the underlying investigation to the Commission.
    On May 6, 2009, Broadcom and Qualcomm jointly moved to terminate 
this investigation based upon a settlement agreement, pursuant to 
Commission rule 210.21 (19 CFR 210.21). On May 15, 2009, the Commission 
investigative attorney filed a response in support of the joint motion 
to terminate the investigation.
    On June 11, 2009, the ALJ issued the subject ID granting the joint 
motion to terminate the investigation. No petitions for review of the 
ID were filed. 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 section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Dated: Issued: June 30, 2009.


[[Page 31976]]


    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-15891 Filed 7-2-09; 8:45 am]
BILLING CODE 7020-02-P