U.S. International Trade Commission.
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 36) of the presiding administrative law judge (“ALJ”) terminating the above-captioned investigation as to all respondents based on a settlement agreement. The Commission has terminated the investigation.
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FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non-confidential 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. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
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The Commission instituted this investigation on January 24, 2014, based on a complaint filed by Tela Innovations, Inc. (“Tela”) of Los Gatos, California. 79 FR 4175-76. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits by reason of infringement of certain claims of U.S. Patent No. 8,490,043. The complaint further alleges the existence of a domestic industry. The Commission's notice of investigation named Taiwan Semiconductor Manufacturing Company, Limited of Hsinchu, Taiwan and TSMC North America of San Jose, California (collectively, “TSMC”) as respondents. The Office of Unfair Import Investigations (“OUII”) was also named as a party.
On April 1, 2014, the Commission issued notice of its determination not to review the ALJ's ID (Order No. 10) granting Tela's motion to amend the complaint and notice of investigation to add allegations of violation of section 337 by reason of infringement of certain claims of U.S. Patent No. 8,635,583. On September 2, 2014, Tela and TSMC jointly moved for termination of the investigation based on a settlement agreement. OUII supported the motion.
The ALJ issued the subject ID on September 9, 2014, granting the joint motion for termination of the investigation. He found that the joint motion for termination satisfies Start Printed Page 60496Commission rules 210.21(a)(2), (b)(1). The ALJ also found that there is no indication that termination of the investigation in view of the settlement agreement would have an adverse impact on the public interest. No party petitioned for review of the ID. The Commission has determined not to review the ID and has terminated the investigation.
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 Part 210 of the Commission's Rules of Practice and Procedure, 19 CFR part 210.
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By order of the Commission.
Issued: October 1, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-23843 Filed 10-6-14; 8:45 am]
BILLING CODE 7020-02-P