[Federal Register Volume 64, Number 188 (Wednesday, September 29, 1999)]
[Notices]
[Page 52525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25345]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-417]
Certain Code Hopping Remote Control Systems, Including Components
and Integrated Circuits Used Therein; Notice of a Commission
Determination Not To Review an Initial Determination Terminating the
Investigation on the Basis of a Settlement Agreement
AGENCY: 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.
FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW, Washington, DC 20436, telephone (202) 205-3152. 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: The Commission instituted this investigation
on December 30, 1998, based on a complaint by Microchip Technology
Incorporated (``Microchip'') alleging that respondents Chamberlain
Group, Inc. (``Chamberlain'') and Sears, Roebuck and Co. (``Sears'')
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 code hopping remote control
systems, including components and integrated circuits used therein,
that infringe claims of Microchip's U.S. Letters Patent 5,517,187 (`187
patent). Microchip alleged that Sears sells the accused devices
manufactured abroad by Chamberlain.
On August 1, 1999, Microchip and Chamberlain entered into a
settlement agreement, which grants to Chamberlain a nonexclusive
license for the `187 patent at issue, and provides for the settlement
of this investigation and a companion action pending before the U.S.
District Court for the Northern District of Illinois. On August 4,
1999, Microchip and respondents Chamberlain and Sears filed the joint
motion to terminate the investigation. The Commission investigative
attorney (``IA'') supported the joint motion.
On August 25,1999, the ALJ issued an ID (Order No. 10) granting the
motion to terminate the investigation. The ALJ noted that the parties,
in accordance with Commission rules, had stated that there were no
other agreements concerning the subject matter of this investigation.
The ALJ further noted that all of the parties, including the IA, had
argued that termination of the investigation would pose no threat to
the public interest, which would in fact be advanced by private
resolution of this dispute. No party petitioned for review of 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 19
CFR 210.42. Copies of the public version 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, SW, Washington, DC 20436,
telephone 202-205-2000.
By order of the Commission.
Issued: September 23, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-25345 Filed 9-28-99; 8:45 am]
BILLING CODE 7020-02-P
