[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Notices]
[Pages 27295-27296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12602]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-392]
Certain Digital Satellite System (DSS) Receivers and Components
Thereof; Notice of Commission Decision To Terminate the Investigation
and To Vacate Portions of Initial 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 grant complainant's motion to terminate
the investigation, to grant complainant's motion to vacate the final
initial determination (ID) of the presiding administrative law judge
(ALJ) on the issues of invalidity for anticipation and for lack of
enablement, and to deny the motion to vacate in all other respects.
FOR FURTHER INFORMATION CONTACT: John A. Wasleff, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3094. 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).
SUPPLEMENTARY INFORMATION: This investigation was instituted on
December 18, 1996, based on a complaint filed by Personalized Media
Communications, LLC (PMC). 61 FR 66695-96. The respondents are
DirectTV, Inc., United Satellite Broadcasting Co., Hughes Network
Systems, Hitachi Home Electronics (America), Inc., Thomson Consumer
Electronics, Inc., Toshiba America Consumer Products, Inc., and
Matsushita Electric Corporation of America. The complaint alleges,
inter alia, that respondents engaged in unlawful activities in
violation of section 337 through the unlicensed importation and sale of
goods infringing claim 1-7 of U.S. Letters Patent 5,335,277.
On October 20, 1997, the presiding ALJ issued a final ID in which
he concluded that the asserted claims were invalid as indefinite under
35 U.S.C. 112 para.2, that the asserted claims were invalid as not
enabled under 35 U.S.C. 112 para.1, that claim 7 is invalid as
anticipated under 35 U.S.C. 102, and that no asserted claim was
infringed. The Commission adopted the ALJ's claim constructions, his
finding of invalidity for indefiniteness, and his finding of no
infringement, but took no position on the other invalidity findings.
The Commission's determination was appealed to the U.S. Court of
Appeals for the Federal Circuit, and on November 24, 1998, the Federal
Circuit issued its opinion on appeal. The Court's mandate issued on
February 26, 1999. The Court upheld the Commission as to three of the
four claims at issue on appeal. The Court reversed the Commission with
respect to its
[[Page 27296]]
determination that claim 7 of U.S. Letters Patent 5,335,277 is invalid
for indefiniteness. The Court also vacated the Commission's
determination that claim 7 is not infringed by the accused devices and
remanded for further consideration by the Commission.
On March 26, 1999, complainant PMC filed a motion to terminate the
investigation and vacate the ID. On April 5, 1999, several respondents
filed a brief in opposition, in which the balance of the respondents
joined. The Commission's Office of Unfair Import Investigations filed a
response on April 7, 1999.
The Commission determined to grant the complainant's motion to
terminate the investigation. The Commission further determined to grant
complainant's motion to vacate the ID, but only with respect to the
findings of invalidity for anticipation and lack of enablement, as to
which findings the Commission took no position. The Commission
determined to deny the motion to vacate in all other respects.
This action is taken under the authority of the Administrative
Procedure Act (5 U.S.C. 500 et. seq.), section 337 of the Tariff Act of
1930 (19 U.S.C. 1337), and section 210.41 of the Commission's Rules of
Practice and Procedure (19 CFR. 210.41).
Copies of the Commission's order 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 SW, Washington, DC 20436, telephone 202-205-
2000.
Issued: May 13, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-12602 Filed 5-18-99; 8:45 am]
BILLING CODE 7020-02-P
