[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Notices]
[Pages 25070-25071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12011]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-383 (Bond Forfeiture/Return Proceeding]
In the Matter of Certain Hardware Logic Emulation Systems and
Components Thereof; Notice of Referral to Administrative Law Judge of
Complainant's Motion for Forfeiture of Respondents' Bonds and
Respondents' Motion for Return of Their Bonds
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has referred to the
presiding administrative law judge complainant's motion for forfeiture
of respondents' bonds posted during the temporary relief and
Presidential review periods, and respondents' motion for return of
those bonds in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3152. General information concerning the Commission may also be
obtained by accessing the Commission's Internet server (http://
www.usitc.gov)
SUPPLEMENTARY INFORMATION: This action is taken under the authority of
section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, and Commission
rule 210.50, 19 CFR 210.50.
This patent-based section 337 investigation was instituted on March
8, 1996, based upon a complaint and motion for temporary relief filed
on January 26, 1996, by Quickturn Design Systems, Inc. (``Quickturn'').
61 FR 9486. The respondents are Mentor Graphics Corporation
(``Mentor'') and Meta Systems (``Meta'') (collectively
``respondents''). On July 8, 1996, the presiding administrative law
judge (``ALJ'') issued an initial determination (``ID'') granting
Quickturn's motion for temporary relief. On August 5, 1996, the
Commission determined not to modify or vacate the ID, issued a
temporary limited exclusion order against respondents and a temporary
cease and desist order against Mentor, and determined that the amount
of respondents' bond during the pendency of temporary relief should be
43 percent of the entered value of imported hardware logic emulation
systems and components thereof. On September 24, 1997, the Commission
determined to modify respondents' temporary relief bond. Respondents'
temporary relief bond remained at 43 percent of the entered value of
the subject imported articles when the articles are appraised at
transaction value (as defined in applicable U.S. Customs Service
regulations), but increased to 180 percent of the entered value of the
subject imported articles when the articles are appraised at other than
transaction value.
On July 31, 1997, the ALJ issued a final ID finding that
respondents have violated section 337 by infringing claims of all five
of Quickturn's asserted patents. On that same date, the ALJ issued a
recommended determination (``RD'') recommending the issuance of a
permanent exclusion order and a cease and desist order. On October 2,
1997, the Commission issued its notice of the decision not to review
the ALJ's final ID, thereby finding that respondents are in violation
of section 337. On December 3, 1997, the Commission issued a permanent
limited exclusion order directed to Meta and a permanent cease and
desist order against domestic respondent Mentor.
On February 26, 1998, Quickturn filed a motion for forfeiture of
respondents' temporary relief bonds. On March 13, 1998, respondents
filed an opposition to Quickturn's motion and a motion for the return
of their bonds. On that same date, the Commission investigative
attorneys filed a response in support of Quickturn's motion. The
Commission has referred these motions to Administrative Law Judge Paul
Luckern for adjudication in an initial determination to be issued
within nine months. Pursuant to rule 210.50(d) (19 CFR 210.50(d)), the
ALJ's initial determination shall have a 45-day effective date and
shall be subject to review under the provisions of Commission rules
210.42 through 210.45, 19 CFR 210.42-210.45.
Copies of all nonconfidential documents filed in connection with
this investigation are 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, 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
[[Page 25071]]
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov).
Issued April 28, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-12011 Filed 5-5-98; 8:45 am]
BILLING CODE 7020-02-P
