[Federal Register Volume 62, Number 185 (Wednesday, September 24, 1997)]
[Notices]
[Page 49994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25357]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-382]
Certain Flash Memory Circuits and Products Containing Same;
Notice of Rescission of Limited Exclusion Order and Cease and Desist
Order
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Commission has rescinded the limited exclusion order and the cease and
desist order previously issued in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone (202) 205-3107.
SUPPLEMENTARY INFORMATION: The authority for the Commission's action is
contained in section 337 of the Tariff Act of 1930, as amended (19
U.S.C. Sec. 1337), and in section 210.76 of the Commission's Rules of
Practice and Procedure (19 CFR Sec. 210.76).
On June 2, 1997, the Commission issued a limited exclusion order
and a cease and desist order in the investigation based upon a finding
that respondents Samsung Electric Company, Ltd. and Samsung
Semiconductor, Inc. (collectively, ``Samsung'') had violated section
337 of the Tariff Act of 1930, as amended (19 U.S.C. Sec. 1337), by
importing, selling for importation, and/or selling after importation
certain flash memory circuits that infringed claims 1, 2, or 4 of
complainant SanDisk Corporation's (``SanDisk'') U.S. Letters Patent
5,418,752 and/or claim 27 of complainant's U.S. Letters Patent
5,172,338.
On August 22, 1997, Samsung and SanDisk filed a joint petition to
rescind the limited exclusion order and the cease and desist order on
the basis of a settlement agreement they had reached. Samsung and
SanDisk asserted that their settlement agreement constituted ``changed
conditions of fact or law'' sufficient to justify recision of the
orders under Commission rule 210.76(a), 19 C.F.R. Sec. 210.76(a).
Having reviewed the parties' submissions, the Commission determined
that the petition and settlement agreement satisfy the requirements of
rule 210.76(a). The Commission therefore issued an order rescinding the
cease and desist order and the limited exclusion order previously
issued in the investigation.
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, 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 at
(202) 205-1810.
Issued: September 18, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-25357 Filed 9-23-97; 8:45 am]
BILLING CODE 7020-02-P
