[Federal Register Volume 78, Number 167 (Wednesday, August 28, 2013)]
[Notices]
[Page 53159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20952]



[[Page 53159]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-819]


Certain Semiconductor Chips With Dram Circuitry, and Modules and 
Products Containing Same: Notice of Commission Determination To 
Terminate the Investigation Based on Settlement

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 to terminate the above-captioned 
investigation based on a settlement agreement between the parties.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-2661. 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 December 21, 2011, based on a complaint filed by Elpida Memory, 
Inc., of Tokyo, Japan, and Elpida Memory (USA) Inc. of Sunnyvale, 
California (collectively, ``Elpida''). 76 FR 79215 (Dec. 21, 2011). The 
complaint alleged violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), based on infringement of several U.S. 
patents. The notice of investigation named Nanya Technology Corporation 
of Tao Yuan, Taiwan, and Nanya Technology Corporation, U.S.A. of Santa 
Clara, California (collectively, ``Nanya''), as respondents. The Office 
of Unfair Import Investigations did not participate in the 
investigation.
    On March 26, 2013, the ALJ issued a final initial determination 
(``ID'') finding a violation of section 337 with respect to several 
patents but not with respect to U.S. Patent No. 7,659,571 (``the '571 
patent''). On April 8, 2013, complainant Elpida and Nanya filed 
petitions for review of certain portions of the ID but not for review 
of the determination of no violation with respect to the '571 patent. 
On July 2, 2013, the Commission determined not to review the 
determination of no violation with respect to the '571 patent and that 
determination became final. The Commission determined to review the 
remainder of the ID and requested certain briefing from the parties and 
from the public.
    On July 31, 2013, the parties jointly moved for termination of the 
investigation based on a settlement agreement.
    The Commission has determined that the motion to terminate the 
investigation based on a settlement agreement complies with Commission 
Rule 210.21 (19 CFR 210.21). The Commission has further determined that 
terminating the investigation based on the settlement agreement between 
Elpida and Nanya is not contrary to the public interest. Accordingly, 
the Commission has determined to grant the joint motion and terminate 
the investigation.
    The issues previously under review by the Commission are now moot 
in view of the parties' settlement. The portions of the ID previously 
under review by the Commission do not constitute a Commission 
determination and have been set aside. See Commission Rule 210.45(c) 
(19 CFR 210.45(c)).
    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).

    By order of the Commission.

    Issued: August 22, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-20952 Filed 8-27-13; 8:45 am]
BILLING CODE 7020-02-P