[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Page 71976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28041]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1176]
Certain Semiconductor Devices and Components Thereof (I);
Commission Determination Not To Review an Initial Determination (Order
No. 7) Terminating an Investigation Due to a Settlement Agreement;
Termination of 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 (the ``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 7) terminating the investigation due
to a settlement agreement. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's Electronic Docket Information System (``EDIS'')
(https://edis.usitc.gov). Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On October 1, 2019, the Commission
instituted the present investigation based on a complaint and
supplementation thereto filed by Globalfoundries U.S. Inc.
(``Globalfoundries'') of Santa Clara, California. 84 FR 52125-26 (Oct.
1, 2019). The complaint, as supplemented, alleges violations of 19
U.S.C. 1337, as amended (``Section 337''), based upon the importation
into the United States, sale for importation, and sale in the United
States after importation of certain semiconductor devices, products
containing the same, and components thereof that allegedly infringe one
or more of the asserted claims of U.S. Patent Nos. 8,912,603;
7,750,418; and 8,936,986. Id. The complaint also alleges the existence
of a domestic industry. Id. The notice of investigation named 22
respondents (collectively, ``Respondents''), including Taiwan
Semiconductor Manufacturing Co. of Hsinchu, Taiwan and TSMC North
America of San Jose, California (collectively, ``TSMC''). Id. at 52126.
The Office of Unfair Import Investigations (``OUII'') was also named as
a party. Id.
On November 8, 2019, Globalfoundries and all 22 Respondents filed a
joint motion to terminate the investigation based on a settlement
agreement (including a patent cross-license agreement) reached between
Globalfoundries and TSMC that purportedly resolves all of the issues
with respect to all of the Respondents in this investigation. The joint
motion includes an unredacted, confidential copy of the patent cross-
license agreement, which the parties request be disclosed only to
Globalfoundries, TSMC, and Commission staff. The parties also confirmed
that there are no other agreements, written or oral, express or
implied, between Globalfoundries and Respondents relating to the
subject matter of the investigation. On November 20, 2019, OUII filed a
response supporting the motion and the request to limit disclosure of
the patent cross-license agreement.
On November 25, 2019, the presiding administrative law judge
(``ALJ'') entered the subject ID (Order No. 7) granting the joint
motion to terminate the investigation. The ID agrees with the parties
that Commission policy and the public interest generally favors
settlements. Order No. 7 at 2 (Nov. 25, 2019). The ID further finds
that termination of the investigation will not impose any undue burdens
on the public health and welfare, competitive conditions in the United
States economy, production of like or directly competitive articles in
the United States, or U.S. consumers. Id. The ID also grants the
parties' request to limit disclosure of the unredacted version of the
confidential settlement agreement to the settling parties and
Commission staff. Id. at 3.
No petitions to review the subject ID were filed. The Commission
has determined not to review the subject ID. The investigation is
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).
By order of the Commission.
Issued: December 20, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-28041 Filed 12-27-19; 8:45 am]
BILLING CODE 7020-02-P