[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77093-77094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31331]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-799]


Certain Computer Forensic Devices and Products Containing Same; 
Commission Determination Not To Review the Final Initial Determination 
of the Administrative Law Judge; Termination of the 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 the final initial determination 
(``final ID'' or ``ID'') of the presiding administrative law judge in 
the above-identified investigation.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3065. 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 (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 August 29, 2011, based on a complaint filed by MyKey Technology Inc. 
(``MyKey'') of Gaithersburg, Maryland. 76 FR 53695 (Aug. 29, 2011). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended (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 computer forensic devices and products 
containing the same by reason of infringement of claims 1-8, 11-13, 16-
38 and 40-45 of U.S. Patent No. 6,813,682 (the `` '682 patent''), 
claims 1-9, 13-18 and 20-21 of U.S. Patent No. 7,159,086 and claims 1 
and 2 of U.S. Patent No. 7,228,379 (the `` '379 patent''). The notice 
of investigation named as respondents Data Protection Solutions by Arco 
of Hollywood, Florida; CRU Acquisitions Group LLC of Vancouver, 
Washington d/b/a CRU-DataPort LLC of Vancouver, Washington (``CRU''); 
Digital Intelligence, Inc. of New Berlin, Wisconsin (``Digital 
Intelligence''); Diskology, Inc. of Chatsworth, California; Guidance 
Software, Inc. of Pasadena, California and Guidance Tableau LLC of 
Pasadena, California (collectively, ``Guidance''); Ji2, Inc. of 
Cypress, California; MultiMedia Effects, Inc. of Markham, Ontario;Voom 
Technologies, Inc. of South Lakeland, Minnesota; and YEC Co. Ltd. of 
Tokyo, Japan.
    Only respondents Guidance, CRU, and Digital Intelligence remain in 
the investigation. The complainant has also narrowed the claims 
asserted to claims 1-8, 11-13, 16-21, 24-36, and 40-45 of the '682 
patent and claim 2 of the '379 patent.
    An evidentiary hearing was held from August 6 to August 10, 2012.
    On October 26, 2012, the ALJ issued the final ID, finding no 
violation of Section 337. The ALJ found that MyKey had failed to 
satisfy the economic prong of the domestic industry requirement. No 
petitions for review of the ID were filed.
    The Commission would ordinarily remand this investigation to the 
ALJ to address in the final ID all material issues presented because a 
hearing has concluded and all issues have been fully briefed before the 
ALJ. 19 CFR 210.42(d); see also Certain Video Game Systems and Wireless 
Controllers and Components Thereof, Inv. 337-TA-770, Comm'n Op. at n.1 
(Nov. 6, 2012). However, the Commission has determined not to review 
the ID in this investigation based upon the extraordinary factual 
situation and the parties' failure to file petitions for review. This 
investigation is hereby terminated.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).


[[Page 77094]]


    By order of the Commission.
    Issued: December 21, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-31331 Filed 12-28-12; 8:45 am]
BILLING CODE 7020-02-P