[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Notices]
[Page 71495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32934]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-409]
Certain CD-ROM Controllers and Products Containing The Same--II;
Denial of Motion for Sanctions; Vacatur of Recommended Determination
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 deny respondents' motion for monetary
sanctions and to vacate the presiding administrative law judge's
(``ALJ'') recommended determination (``RD'') on monetary sanctions in
the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW, Washington, DC 20436, telephone 202-205-3152. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.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 May 13, 1998, based on a complaint filed by Oak Technology, Inc.
(``Oak''). The respondents named in the investigation are MediaTek,
Inc., United Microelectronics Corp., Lite-On Technology Corp., and
AOpen, Inc. On May 12, 1999, the ALJ issued his final initial
determination (``ID'') finding the patent in controversy invalid,
unenforceable, not infringed, and that there was no violation of
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
On January 13, 1999, respondents filed a motion for monetary
sanctions against complainant Oak and its litigation counsel, Howrey &
Simon (``Howrey''). On August 10, 1999, the ALJ issued an RD which
recommended that sanctions be imposed on Oak and Howrey, jointly and
severally, for an amount equal to respondents' reasonable attorney fees
and costs in the investigation. The ALJ found that Oak and Howrey had
abused Commission process by filing a section 337 complaint it knew was
based on a patent that was invalid and unenforceable, in violation of
section 210.4(d) of the Commission's Rules of Practice and Procedure
(19 CFR 210.4(d)).
On August 18, 1999, Oak and Howrey filed a motion to delay issuance
of the public version of the RD imposing sanctions against Oak and
Howrey. On August 31, 1999, the ALJ issued Order No. 18 denying Oak and
Howrey's motion to delay issuance of the public version of the RD. On
September 8, 1999, the Commission issued an order delaying issuance of
the public version of the sanctions RD until issuance of the public
version of the Commission opinion on whether there is a violation of
section 337 in this investigation. The deadline for the parties to file
comments on the RD was extended until 14 days after issuance of the
public version of the Commission opinion on violation of section 337.
All parties filed comments on the RD.
On October 1, 1999, the Commission affirmed the ID's finding of no
infringement, but reversed the ID's findings of invalidity and
unenforceability, and therefore determined there was no violation of
section 337 in the investigation.
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.25 of the
Commission's Rules of Practice and Procedure (19 CFR 210.25).
Copies of the Commission's order and all other nonconfidential
documents in the record of 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.
By order of the Commission.
Issued: December 13, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-32934 Filed 12-20-99; 8:45 am]
BILLING CODE 7020-02-P
