[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Notices]
[Page 26626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12700]
[[Page 26626]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-401]
Certain CD-ROM Controllers and Products Containing Same; Notice
of a Commission Determination Not To Review an Initial Determination
Terminating the Investigation on the Basis of a Settlement Agreement
and Withdrawal of the Complaint
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 not to review the presiding administrative
law judge's (``ALJ's'') initial determination (``ID'') granting a joint
motion to terminate the above-captioned investigation on the basis of a
settlement agreement and withdrawal of the complaint.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone (202)
205-3107.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on August 20, 1997, based on a complaint filed by Oak Technology, Inc.
(``Oak Technology''). Oak Technology alleged that respondents Winbond
Electronics Corp. (``WEC''), Winbond Electronic North America Corp.,
Wearnes Technology (Private) Ltd., Wearnes Electronics Malaysia Snd.
Bhd., and Wearnes Peripheral International (Pte.) Ltd. (collectively
``respondents'') violated section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, by importing, selling for importation, or
selling within the United States after importation certain CD-ROM
controllers and products containing same that infringe certain claims
of Oak Technology's U.S. Letters Patent 5,535,327 and U.S. Letters
Patent 5,581,715.
On March 18, 1998, Oak Technology and respondents filed a joint
motion to terminate the investigation based on a settlement agreement
between Oak Technology and WEC and Oak Technology's agreement to
withdraw its complaint against the other respondents.
On March 30, 1998, the Commission investigative attorney (``IA'')
moved to make public certain additional portions of the settlement
agreement. The motion was unopposed.
On April 15, 1998, the ALJ issued an ID (Order No. 9) terminating
the investigation on the basis of the settlement agreement and
withdrawal of the complaint. The ALJ also granted the IA's motion to
make public certain additional portions of the settlement agreement.
The ALJ found no indication that termination of the investigation on
the basis of the settlement agreement would adversely impact the public
interest. No party filed a petition to review the subject ID.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule
210.21, 19 CFR 210.21. Copies of the ALJ's ID and all other
nonconfidential 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, S.W., Washington, D.C.
20436, telephone 202-205-2000. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov).
Issued: May 8, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-12700 Filed 5-12-98; 8:45 am]
BILLING CODE 7020-02-P
