[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Notices]
[Page 26789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10834]



[[Page 26789]]

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-661]


Certain Semiconductor Chips Having Synchronous Dynamic Random 
Access Memory Controllers and Products Containing Same; Determination 
Rescinding the Exclusion Order and Cease and Desist Orders

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to rescind the exclusion order and cease and 
desist orders issued in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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: The Commission instituted this investigation 
on December 10, 2008, based on a complaint filed by Rambus Inc. of Los 
Altos, California (``Rambus''), alleging a violation of section 337 in 
the infringement of certain patents. 73 FR 75131. The principal 
respondent was NVIDIA Corporation of Santa Clara, California 
(``NVIDIA''). Joining NVIDIA as respondents were approximately twenty 
of NVIDIA's customers. The Commission found a violation of section 337 
by reason of the infringement of some of the asserted patents, and on 
July 26, 2010, the Commission issued a limited exclusion order. 75 FR 
44989-90 (July 30, 2010). The Commission also issued cease and desist 
orders against those respondents who maintained significant inventory 
of the accused products in the United States: NVIDIA; Hewlett-Packard 
Co. of Palo Alto, California; ASUS Computer International, Inc. of 
Peitou Taipei, Taiwan; Palit Multimedia Inc. of Ontario, Canada; Palit 
Microsystems Ltd. of Taipei, Taiwan; MSI Computer Corp. of City of 
Industry, California; Micro-Star International of Taipei, Taiwan; EVGA 
Corp. of Brea, California; DiabloTek, Inc. of Alhambra, California; 
Biostar Microtech Corp. of City of Industry, California; and BFG 
Technologies, Inc. of Lake Forest, Illinois. Id. The parties appealed 
the Commission determination to the U.S. Court of Appeals for the 
Federal Circuit.
    Rambus and NVIDIA have since settled their patent dispute, and on 
February 10, 2012, jointly moved to rescind the Commission's remedial 
orders on the basis of settlement. No oppositions were filed. In 
addition, on April 3, 2012, the court of appeals dismissed the last-
remaining appeal of the Commission determination, in an order that 
remanded the appeal ``to the ITC with instructions to vacate the 
exclusion orders at issue in this appeal.'' Order at 3.
    The Commission has determined to rescind the exclusion order and 
cease and desist orders.
    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 210.76 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.76).

    By order of the Commission.

    Issued: May 1, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-10834 Filed 5-4-12; 8:45 am]
BILLING CODE 7020-02-P