[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Notices]
[Pages 59584-59585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27612]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-621]


In the Matter of Certain Probe Card Assemblies, Components 
Thereof and Certain Tested Dram and Nand Flash Memory Devices 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 is no violation of section 337 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1337), in the above-
captioned investigation. The Commission has terminated the 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3116. 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: This investigation was instituted on 
December 19, 2007, based on a complaint filed by FormFactor, Inc. 
(``FormFactor'') of Livermore, California. 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 probe 
card assemblies, components thereof, and certain tested DRAM and NAND 
flash memory devices and products containing same by reason of 
infringement of certain claims of U.S. Patent Nos. 5,994,152 (``the 
'152 patent''); 6,509,751 (``the '751 patent'');

[[Page 59585]]

6,615,485; 6,624,648 (``the '648 patent''); 7,168,162 (``the '162 
patent''); and 7,225,538. The complaint named Micronics Japan Co., 
Ltd.; MJC Electronics Corp.; Phicom Corporation; and Phiam Corporation 
as respondents (collectively, ``Respondents''). Subsequently, the '162 
patent was terminated from the investigation.
    On December 5, 2008, respondents Phicom Corp. and Phiam Corp., 
(collectively, ``Phicom'') jointly filed a motion for partial summary 
determination that claims 20 and 34 of the '648 patent are invalid as 
indefinite under 35 U.S.C. 112. On February 11, 2009, the ALJ granted 
the motion in an ID (Order No. 46). The ID determined that claims 20 
and 34, and any asserted claims depending therefrom, are invalid. 
Complainant FormFactor filed a petition for review of Order No. 46, 
which Respondents and the Commission Investigative Attorney (``IA'') 
opposed. On March 11, 2009, the Commission determined to review Order 
No.46.
    The evidentiary hearing in this investigation was held from 
February 24, 2009, through March 6, 2009. On June 29, 2009, the ALJ 
issued an Initial Determination on Violation of Section 337 and 
Recommended Determination on Remedy and Bond, finding no violation of 
section 337. All parties to this investigation, including the IA, filed 
timely petitions for review of various portions of the final ID, as 
well as timely responses to the petitions.
    On September 17, 2009, the Commission determined to review the 
final ID in part, and issued a Notice to that effect. 74 FR 47822 
(September 17, 2009). In the Notice, the Commission set a schedule for 
the filing of written submissions on the issues under review, including 
certain questions posed by the Commission, and on remedy, the public 
interest, and bonding. The parties have briefed, with initial and reply 
submissions, the issues under review and the issues of remedy, the 
public interest, and bonding.
    On review, the Commission has determined as follows.
    (1) With respect to the '751 patent:
    (a) to reverse the ALJ's determination that Japanese Patent 
Application Publication H10-31034 to Amamiya et al. (RX-166) does not 
anticipate the asserted claims of the '751 patent under 35 U.S.C. 102;
    (b) to reverse in part the ID's conclusion that, inter alia, 
Phicom's accused products do not infringe claims 1-3, 12, 24, and 25 of 
U.S. Patent No. 6,509,751, see ID at 197, and, accordingly, to modify 
the ID's conclusion of law at issue by substituting the following: 
``Respondent Micronics' accused products do not infringe claims 1-3, 
12, 24, and 25 of U.S. Patent No. 6,509,751 in violation of 35 U.S.C. 
271(a). Respondent Phicom's (old) Type B and Type C accused products 
infringe claims 1-3, 12, 24, and 25 of U.S. Patent No. 6,509,751 in 
violation of 35 U.S.C. 271(a); Phicom's new Type B and Type C accused 
products do not infringe.''
    (2) With respect to the '152 patent:
    (a) to strike the ID's statement ``Since three bases for no 
violation of claim 21 have been determined, no analysis of the 
invalidity arguments related to anticipation and obviousness of the 
dependent claims will be made,'' see ID at 191, and to take no position 
with respect to the validity of the dependent claims of the '152 
patent.
    (3) To affirm and adopt the ALJ's other findings contained in the 
final ID under review except insofar as they are inconsistent with the 
Commission Opinion to be issued later.
    The Commission also determined to affirm ALJ Order No. 46 with 
certain modifications as will be detailed in the Commission's Opinion.
    The Commission has determined that there is no violation of section 
337 in this investigation, and has terminated the investigation.
    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 
sections 210.41-.42, 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.41-.42, 210.50).

    Issued: November 12, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-27612 Filed 11-17-09; 8:45 am]
BILLING CODE 7020-02-P