[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43508-43509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17510]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-859]


Certain Integrated Circuit Chips and Products Containing the 
Same; Commission's Determination To Affirm in Part, Reverse in Part and 
Vacate in Part the Final Initial Determination Finding No Violation; 
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 to affirm in part, reverse in part, and 
vacate in part the final initial determination (``ID'') issued by the 
presiding administrative law judge (``ALJ'') on March 21, 2014, finding 
no violation of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337. The Commission finds no violation of section 337 and 
terminates the investigation.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2737. 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 October 23, 2012, based on a complaint filed by Realtek 
Semiconductor Corporation (``Realtek'') of Hsinchu, Taiwan alleging 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), 
as amended, by reason of infringement of certain claims of U.S. Patent 
Nos. 6,787,928 (``the '928 patent'') and 6,963,226 (``the '226 
patent''). 77 FR 64826. The notice of investigation named as 
respondents LSI Corporation of Milpitas, California; and Seagate 
Technology of Cupertino, California (collectively ``Respondents''). The 
'226 patent was terminated from the investigation.
    On March 21, 2014, the ALJ issued her final ID finding no violation 
of section 337. The ALJ held that no violation occurred in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain integrated 
circuit chips and products containing the same that infringe one or 
more of claims 1-10 of the '928 patent. Although the ALJ found that the 
asserted claims were infringed, the ALJ held claims 1-10 of the '928

[[Page 43509]]

patent invalid and found that no domestic industry exists.
    On April 4, 2014, Realtek filed a petition for review, and on April 
7, 2014, Respondents filed a contingent petition for review. The 
parties timely responded to each other's petitions for review.
    On May 22, 2014, the Commission determined to review the ID in 
part. The Commission sought briefing on seventeen questions and on the 
issues of remedy, public interest and bonding. On June 5, 2014, the 
parties filed their initial briefs on review and on June 16, 2014, the 
parties filed their responsive briefs.
    Having considered the record and the parties' submissions, the 
Commission finds that no violation of section 337 has occurred. 
Specifically, the Commission affirms in part, reverses in part, and 
vacates in part to find that (1) all of the accused products infringe 
claims 1-3, and 6-10 of the '928 patent; (2) the FireWire chips also 
infringe claims 4-5; (3) the MS410B and MS410B2 chips anticipate claims 
1-3 and 6-9; (4) the MS410B and MS410B2 chips do not anticipate claim 
10; (5) the Ker application does not anticipate claims 1-10; (6) claims 
4-5 are obvious in view of the MS410B and MS410B2 chips and the Ker 
application; and (7) a domestic industry does not exist.
    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: July 21, 2014.
 Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-17510 Filed 7-24-14; 8:45 am]
BILLING CODE 7020-02-P