[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55854-55855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25974]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-619]


Certain Flash Memory Controllers, Drives, Memory Cards, and Media 
Players and Products Containing Same; Notice of Commission Final 
Determination of No Violation of Section 337; Termination 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 that there has been no violation of section 
337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation, 
and has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. 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

[[Page 55855]]

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 December 12, 2007, based on a complaint filed by SanDisk Corporation 
of Milpitas, CA. 72 FR 70610 (Dec. 12, 2007). The complaint 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 flash 
memory controllers, drives, memory cards, media players and products 
containing the same by reason of infringement of various claims of 
United States Patent Nos. 6,426,893; 6,763,424 (``the '424 patent''); 
5,719,808; 6,947,332; and 7,137,011 (``the '011 patent''). Three 
patents and several claims were subsequently terminated from the 
investigation. Claims 17, 24 and 30 of the '424 patent and claim 8 of 
the '011 patent remain in the investigation. The complaint named nearly 
fifty respondents. Twenty-one respondents were terminated from the 
investigation based on settlement agreements, consent orders and 
withdrawal of allegations from the complaint. Five respondents 
defaulted. The following respondents remain in the investigation: 
Imation Corporation of Oakdale, MN; Imation Enterprises Corporation of 
Oakdale, MN; and Memorex Products, Inc. of Cerritos, CA (collectively, 
``Imation Respondents''); Phison Electronics Corporation of Hsinchu, 
Taiwan; Silicon Motion Inc. of Taiwan; Silicon Motion, Inc. of 
Milpitas, CA; Skymedi Corporation of Hsinchu, Taiwan; Power Quotient 
International Co., Ltd. of Taipei, Taiwan; Power Quotient International 
(HK) Co., Ltd. of Hong Kong; Syscom Development Co., Ltd. of the 
British Virgin Islands; PQI Corporation of Fremont, California; 
Kingston Technology Corporation of Fountain Valley, CA; Kingston 
Technology Company, Inc. of Fountain Valley, CA; MemoSun, Inc. of 
Fountain Valley, CA; Transcend Information Inc. of Taipei, Taiwan; 
Transcend Information Inc. of Orange, CA; Transcend Information 
Maryland, Inc. of Linthicum, MD; Apacer Technology Inc. of Taipei 
Hsien, Taiwan; Apacer Memory America, Inc. of Milpitas, CA; Dane Memory 
S.A. of Bagnolet, France; Deantusaiocht Dane-Elec TEO of Spiddal, 
Galway, Ireland; Dane-Elec Corporation USA of Irvine CA; LG Electronics 
U.S.A., Inc. of Englewood Cliffs, New Jersey; and LG Electronics, Inc. 
of Seoul, South Korea.
    On April 10, 2009, the ALJ issued his final ID finding no violation 
of section 337 by Respondents. The ALJ issued a corrected version of 
his final ID on April 16, 2009. The ID included the ALJ's recommended 
determination on remedy and bonding. In the subject ID, the ALJ found 
that the accused products do not infringe asserted claims 17, 24 and 30 
of the '424 patent. The ALJ also found that none of the asserted claims 
of the '424 patent were proven to be invalid as anticipated or obvious 
in view of the prior art. The ALJ further found the Respondents not 
liable for contributory or induced infringement of the asserted claims 
of the '424 patent. Likewise, the ALJ found that SanDisk failed to 
prove that the Imation Respondents, the only respondents accused of 
infringing claim 8 of the '011 patent, induced or contributed to 
infringement of the patent. The ALJ also found that SanDisk's rights in 
the '011 patent were not exhausted and that claim 8 of the '011 patent 
satisfies the indefiniteness requirement of 35 U.S.C. 112, second 
paragraph. The ALJ, however, concluded that the prior art rendered 
claim 8 of the '011 patent obvious.
    On May 4, 2009, SanDisk and the Commission investigative attorney 
filed petitions for review of the ID. That same day, Respondents filed 
a collective contingent petition for review of the ID with respect to 
the '424 patent. Skymedi Corporation and the Imation Respondents, in 
addition to joining the collective contingent petition for review, 
filed individual contingent petitions for review. On May 18, 2009, the 
parties filed responses to the various petitions and contingent 
petitions for review.
    On August 24, 2009, the Commission determined to review the final 
ID in part and requested briefing on several issues it determined to 
review, and on remedy, the public interest and bonding. 74 FR 44382 
(Aug. 28, 2009). The Commission determined to review the claim 
construction of claims 17, 24 and 30 of the '424 patent; infringement 
of the asserted claims of the '424 patent; validity of the '424 patent; 
and the ALJ's decision not to consider the Sinclair PCT publication as 
evidence of prior art to claim 17 of the '424 patent. Id.
    On September 3, 2009, the parties filed written submissions on the 
issues on review, remedy, the public interest and bonding. On September 
14, 2009, the parties filed response submissions on the issues on 
review, remedy, the public interest and bonding.
    Having examined the record of this investigation, including the 
ALJ's final ID, the Commission has determined to (1) reverse the ALJ's 
finding that claim 17 of the '424 patent does not cover single-page 
updates; (2) reverse the ALJ's finding that the claim term ``reading 
and assembling data from the first and second plurality of pages'' as 
recited in claim 20 of the '424 patent excludes the so-called table 
method as disclosed in Figure 12; (3) affirm the ALJ's finding that the 
accused products do not infringe the asserted claims of the '424 
patent; and (4) affirm the ALJ's finding that none of the asserted 
claims of the '424 patent were proven to be invalid as anticipated or 
obvious in view of the prior art considered by the ALJ. Given the 
Commission's affirmance of the ALJ's determination that SanDisk failed 
to establish that the accused controllers infringe claim 17 of the '424 
patent, the Commission declines to reach the issue of whether the ALJ 
should have considered the Sinclair PCT publication as evidence of 
prior art to claim 17 of the '424 patent.
    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 210.42-46 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    Issued: October 23, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25974 Filed 10-28-09; 8:45 am]
BILLING CODE 7020-02-P