[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Notices]
[Pages 41652-41653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20338]
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UNITED STATES INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-383]
Notice of Commission Decision Not To Modify or Vacate an Initial
Determination Granting Temporary Relief, and Issuance of a Temporary
Limited Exclusion Order and a Temporary Cease and Desist Order, Subject
to Posting of Bond by Complainant
In the Matter of Certain Hardware Logic Emulation Systems and
Components Thereof.
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has determined not
to modify or vacate the presiding administrative law judge's (ALJ)
initial determination (ID) granting temporary relief in the above-
referenced investigation, and has issued a temporary limited exclusion
order and a temporary cease and desist order, subject to posting of a
bond by complainant.
FOR FURTHER INFORMATION CONTACT: Jay H. Reiziss, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3116.
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 210.66, 19 CFR 210.66.
On March 4, 1996, Quickturn Design Systems Incorporated
(``Quickturn'' or ``complainant'') filed a complaint under section 337
alleging unfair acts in the importation, the sale for importation, and
the sale within the United States after importation of certain hardware
logic emulation systems and components thereof by two proposed
respondents: Mentor Graphics Corporation (``Mentor'') of Wilsonville,
Oregon and Meta Systems (``Meta'') of Saclay, France (collectively
``respondents''). Quickturn also simultaneously filed a motion for
temporary relief.
In the motion for temporary relief, complainant alleged
infringement of claims 1, 2, 3, and 15 of U.S. Letters Patent 5,448,496
and claim 8 of U.S. Letters Patent 5,036,473, both owned by Quickturn.
On March 8, 1996, the Commission voted to institute an investigation of
the complaint and to accept provisionally the motion for temporary
relief, and published a notice of investigation in the Federal
Register. 61 FR 9486 (March 8, 1996). The temporary relief phase of
this investigation was designated ``more complicated'' by the presiding
ALJ on April 14, 1996 (Order No. 14). The ALJ held an evidentiary
hearing on temporary relief from April 23, 1996, through May 4, 1996.
Complainant, respondents, and the Commission investigative attorney
(IA) participated in the hearing. Thereafter, oral argument was held
before the ALJ on June 5, 1996. The Commission received submissions on
the issues of remedy, the public interest, and bonding from all parties
on June 23, 1996, in accordance with Commission rule 210.67(b).
On July 8, 1996, the ALJ issued his ID (Order No. 34) granting
Quickturn's motion for temporary relief. On July 18, 1996, respondents
and the IA filed written comments on the temporary relief ID, as
provided for in rule 210.66(c). Complainant and the IA filed replies to
respondents' comments, and respondents filed a reply to the IA's
comments on July 22, 1996, as provided for in rule 210.66(e).
The Commission, having considered the ID, the comments and
responses to comments of the parties, and the record in this
investigation, determined that there were no clearly erroneous findings
of fact, no errors of law, or policy reasons to vacate or modify the
ID. Consequently, pursuant to Commission rule 210.66(f), the ID became
the Commission's determination on the issue of whether there is reason
to believe a violation of section 337 has occurred.
The Commission having determined that there is reason to believe
that a violation of section 337 has occurred in the importation, sale
for importation, or sale in the United States of the accused hardware
logic emulators, subassemblies thereof, or component parts thereof, and
having determined that temporary relief is warranted, considered the
issues of the appropriate
[[Page 41653]]
form of such relief, whether the public interest precludes issuance of
such relief, complainant's bond, and respondents' bond during the
period such relief is in effect.
The Commission determined that a temporary limited exclusion order
and a temporary cease and desist order directed to respondent Mentor
are the appropriate form of temporary relief. The Commission further
determined that the statutory public interest factors do not preclude
the issuance of such relief, and that respondents' bond under the
temporary limited exclusion order and the temporary cease and desist
orders shall be in the amount of forty-three (43) percent of the
entered value of the imported articles.
Commission rule 210.68 requires that all bonds posted by a
complainant must be approved by the Commission Secretary before the
temporary relief which the bond will secure will be issued.
Consequently, the issuance of temporary relief described in the
preceding paragraph is subject to the posting and approval of
complainant's bond in the amount of $200,000. Complainant is to file
its bond with the Commission Secretary within seven (7) business days
of publication of this notice in the Federal Register.
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, DC
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.
Issued: August 5, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-20338 Filed 8-8-96; 8:45 am]
BILLING CODE 7020-02-P
