[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Page 58298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25091]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1046]


Certain Non-Volatile Memory Devices and Products Containing Same; 
Commission Determination To Rescind Remedial Orders Issued in This 
Investigation Based Upon License and Settlement

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 limited exclusion order and 
cease and desist orders issued in this investigation based upon 
settlement.

FOR FURTHER INFORMATION CONTACT: Panyin Hughes, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3042. 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 https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 Inv. No. 337-TA-
1046 on April 12, 2017, based on a complaint filed by Macronix 
International Co., Ltd. of Hsin-chu, Taiwan and Macronix America, Inc. 
of Milpitas, California (collectively, ``Macronix''). 82 FR 17687-88 
(Apr. 12, 2017). The complaint alleged 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 non-volatile memory 
devices and products containing the same that infringe certain claims 
of U.S. Patent No. 6,552,360; U.S. Patent No. 6,788,602 (``the '602 
patent''); and U.S. Patent No. 8,035,417. The Notice of Investigation 
named the following respondents: Toshiba Corporation of Tokyo, Japan; 
Toshiba America, Inc. of New York, New York; Toshiba America Electronic 
Components, Inc. of Irvine, California; Toshiba America Information 
Systems, Inc. of Irvine, California; and Toshiba Information Equipment 
(Philippines), Inc. of Binan, Philippines (collectively, ``Toshiba''). 
The Office of Unfair Import Investigations was also named as a party to 
the investigation.
    On June 16, 2017, the Commission determined not to review the ALJ's 
order (Order No. 11) granting an unopposed motion to amend the Notice 
of Investigation to add Toshiba Memory Corporation of Tokyo, Japan as a 
respondent. See Order 11, Comm'n Notice of Non-Review (June 16, 2017).
    On April 13, 2018, the ALJ issued her final initial determination 
finding no violation of section 337 violation with respect to the 
asserted patents. On June 28, 2018, the Commission determined to review 
the final ID in part. See 83 FR 31416-18 (July 5, 2018). On review, the 
Commission found a violation of section 337 in connection with asserted 
claim 6 of the '602 patent. See 83 FR 51980-82 (Oct. 15, 2018). Having 
found a violation, the Commission determined that the appropriate 
remedy is a limited exclusion order (``LEO'') against Toshiba's 
infringing products and cease and desist orders (``CDOs'') against the 
domestic Toshiba respondents. See id.
    On October 15, 2018, Macronix and Toshiba filed a joint petition to 
rescind the LEO and CDOs based upon a license and settlement agreement. 
The petition states that rescission is warranted because ``the specific 
conduct covered by the Remedial Orders has become authorized or 
licensed by way of settlement and license.'' Petition at 2. On October 
25, 2018, the Commission investigative attorney filed a response in 
support of the petition. No other party filed response or opposition to 
the petition.
    In view of the settlement agreement between Macronix and Toshiba, 
the Commission finds that the conditions justifying the remedial orders 
no longer exist, and therefore, granting the petition is warranted 
under 19 U.S.C. 1337(k) and 19 CFR 210.76(a). Accordingly, the 
Commission has determined to rescind the remedial 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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: November 13, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-25091 Filed 11-16-18; 8:45 am]
 BILLING CODE 7020-02-P