Certain Integrated Circuit Chipsets, Components Thereof and Products Containing Same; Notice of Commission Decision Not To Review an Initial Determination Granting a Motion To Terminate the Investigation as to One Patent

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

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 complainant's motion for termination of the investigation as to one of four patents at issue.

FOR FURTHER INFORMATION CONTACT:

Tim Yaworski, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 205-3096. 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 ordered the institution of this investigation on February 4, 2000, based on a complaint filed by Intel Corp. of Santa Clara, California (“Intel”). 65 FR 7059 (2000). The complaint named five respondents: VIA Technologies, Inc., of Taipei, Taiwan; VIA Technologies, Inc., of Fremont, California (collectively, “VIA”); First International Computer, Inc., of Taipei, Taiwan; First International Computer of America, Inc., of Fremont California; and Everex Systems, Inc., of Fremont, California (collectively, “FIC”). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain integrated circuit chipsets and products containing same by reason of infringement of claims 1-3 and 15-16 of U.S. Letters Patent 5,333,276; claims 1-4, 10, 15, 22, 27-30, 36-37, 44-45, and 49 of U.S. Letters Patent 5,740,385 (“the “385 patent”); claims 1-12 and 28-48 of U.S. Letters Patent 5,581,782; and claims 1-31 of U.S. Letters Patent 5,548,733.

On June 5, 2000, complainant Intel moved to amend the complaint and notice of investigation by deleting the “385 patent. Motion Docket No. 428-12. The VIA and FIX respondents responded separately to Intel's motion. Both sets of respondents supported the motion, provided certain documents currently in the confidential record of the investigation were made public. The Commission investigative attorney supported the motion unconditionally.

On June 20, 2000, the ALJ issued an ID (Order No. 12) granting Intel's motion to the extent that he permitted Intel to withdraw the “385 patent from the investigation. No party petitioned for review of the ID.

The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.42). Copies 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, S.W., Washington, DC 20436, telephone 202-205-2000.