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Certain Erasable Programmable Read-Only Memories, Components

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Certain Erasable Programmable Read-Only Memories, Components In the Matter of CERTAIN ERASABLE PROGRAM- MABLE READ-ONLY MEM- ORIES, COMPONENTS THEREOF, PRODUCTS CONTAINING SUCH MEM- ORIES, AND PROCESSES FOR MAKING SUCH MEMORIES Investigation No, 337-TA-276 USITC PUBLICATION 21 96 MAY 1989 United States International Trade Commission Washington, DC 20436 UNITED STATES INTERNATIONAL TRADE COMMISSION COMMISSIONERS Anne E. Brunsdale, Chairman Ronald A. Cass, Vice Chairman Alfred E. Eckes Seeley G. Lodwick David Be Rohr ? Don E. Newquist Address all communications to Kenneth R. Mason, Secretary to the Commission United States International Trade Commission Washington, DC 20436 h -.. UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. 20436 -. -r -_ J -. In the Matter of 1 4 1 CERTAIN ERASABLE PROGRAMMABLE 1 Investigation No. 337-TA-27g READ ONLY MEMORIES, COMPONENTS THEREOF, PRODUCTS CONTAINING SUCH 1 MEMORIES, AND PROCESSES FOR MAKING 1 SUCH MEMORIES 1 NOTICE OF ISSUANCE OF LIMITED EXCLUSION ORDER AND CEASE AND DESIST ORDERS AGENCY: U.S. International Trade Commission. ACTION: Notice, SUMMARY: Notice is hereby given that the Commission has issued a limited exclusion order in the above-captioned investigation prohibiting the unlicensed importation of certain erasable programable read only memories (EPROMs) manufactured abroad by Hyundai Electronics Industries Co., Ltd. as a contractor for General Instrument Corporation and/or Microchip Technology, Inc., whether in the form of single-unit packages, incorporated into a carrier of any form, mounted on a circuit board of any configuration, or contained in certain products, except for EPROMs which are the subject of a consent order issued by the Commission on August 25, 1988. In addition, the order prohibits the unlicensed importation of certain EPROMs manufactured abroad for Atmel Corporation, whether in the form of single-unit packages, incorporated into a carrier of any form, mounted on a circuit board of any configuration. In addition, the Commission has issued cease and desist orders to General Instrument Corporation, Microchip Technology, Inc., Atmel Corporation, Cypress Electronics, Inc., All-American Semiconductor, Inc., and Pacesetter Electronics, Inc,, ordering them to cease and desist from the following activities: importing, selling for importation, assembling, testing, performing manufacturing steps with respect to, using, marketing, distributing, offering for sale, or selling, EPROMs which have been determined to be infringing, The orders apply to any of the affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or their successors or assigns, of the above-named companies, FOR FURTHER INFORMATION CONTACT: Judith M. Czako, Esq., Office of the General Counsel, U.S. International Trade Commission, telephone 202-252- 1093. SUPPLEMENTARY INFORMATION: The authority for the Conmission's determination is contained in section 337 of the Tariff Act of 1930 (19 U.S.C. I 1337) and 2 in sectiom 210.56 and 210.58 of the Commission's Interim Rules of Practice and Procedure (53 F.R. 33071-72, Aug. 29, 19881, The Commission instituted-this investigation on September 16, 1987, in response to a complaint filed on August 5, 1987, by Intel Corporation (Intel) of Santa Clara, California, A supplement to the complaint was filed on September 2, 1987. Amendments to the complaint were filed on October 13, 1987, January 12, 1988, March 3, 1988, and September 16, 1988. Intel originally complained of unfair acts and unfair methods of competition in the importation and sale of certain EPROMs and products containing same, by reason of alleged direct and induced infringement of six U.S. product patents, and the manufacture abroad of the subject EPROMs in accordance with a process which, ifapracticed in the United States, would infringe claims of two U.S. process patents, The complaint further alleged that the tendency of the unfair methods of competition and unfair acts is to destroy or substantially injure an industry, efficiently and economically operated, in the United States. The complaint, and the Commission's original notice of investigation, named seven respondents allegedly engaged in the manufacture, importation, and sale of allegedly infringing EPROMs. On September 16, 1988, following enactment of the Omnibus Trade and Competitiveness Act of 1988, Pub. L. 100-418 (Aug. 23, 19881,U, Intel moved to . amend the complaint and notice of investigation to, intar delete the allegation of tendency to substantially injure the domestic industry, and the allegation of efficient and economic operation. The presiding administrative law judge (ALJ) granted Intel's motion and issued an ID (Order No, 137) amending the complaint and notice of investigation. The Commission denied two respondents' petitions for review of the ID, but determined to review the ID on its own motion and modified the ID in order to incorporate the claims of the patents remaining in controversy, which were omitted from the amended notice of investigation as set forth in the ID. 53 && & 45399 (Nov. 9, 1988). On November 16, 1988, the ALJ issued her final initial determination (ID), finding that there is a violation of section 337 in the importation of certain EPROMs or the manufacture of certain EPROMs for importation. On January 3, 1989, the Commission ordered review of certain portions of the final ID, and requested written submissions regarding certain specific questions raised by the issues under review. The Commission determined not to review the remainder of the ID, which thereby became the determination of the Commission. The Commission also requested written submiseions concerning the questions of remedy, the public interest, and bonding. 54 && 1011 (Jan. 11, 1989). Having considered the record in this investigation, including the written submissions of the parties and comments from members of the public, the Conmission made its determinations disposing of the issues on review, and the questions of remedy, the public interest, and bonding. Notice of this investigation was published in the Federal &gW&,z of September 16, 1987 (52 F.R. 35004). Copies of the Commission's Orders, the nonconfidential versions of opinions issued herewith, and all other nonconfidential documents filed in 3 connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.1 in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, D.C. 20436, telephone 202-252-1000. Hearing-impaired persons are advised that information on the matter can be obtained by contacting the Commission's TDD terminal on 202-252-1810. By order of the Commission. Issued: March 16, 1989 UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. 20436 In the Matter of 1 1 CERTAIN ERASABLE PROGRAMMABLE ) Investigation No. 337-TA-276 READ ONLY MEMORIES, COMPONENTS 1 THEREOF, PRODUCTS CONTAINING SUCH 1 MEMORIES, AND PROCESSES FOR MAKING 1 SUCH MEMORIES ORDER The Commission instituted this investigation on September 16, 1987, in response to a complaint filed on August 5, 1987, by Intel Corporation (Intel) of Santa Clara, California. A supplement to the complaint was filed on September 2, 1987. Amendments to the complaint were filed on October 13, 1987, and January 12, March 3, and September 16, 1988. Intel originally complained of unfair acts and unfair methods of competition in the importation and sale of certain EPROMs and products containing EPROMs, by reason of alleged direct and induced infringement of six U.S. product patents, and the manufacture abroad of the subject EPROMs in accordance with a process which, if practiced in the United States, would infringe claims of two U.S. process patents. The complaint further alleged that the tendency of the unfair methods of competition and unfair acts is to destroy or substantially injure an industry, efficiently and economically operated, in the United States. The complaint, and the Commission's original notice of investigation, named seven respondents allegedly engaged in the manufacture, importation, and sale of allegedly infringing EPROMs. On September 16, 1988, following enactment of the Omnibus Trade and Competitiveness Act of 1988, Pub. L. 100-418 (Aug. 23, 1988) , Intel moved to 2 amend the complaint and notice of investigation to, inter &, delete the allegation of tendency to substantially injure the domestic industry, and the allegation of efficient and economic operation. The presiding administrative law judge (ALJ) granted Intel's motion and issued an ID (Order No. 137) amending the complaint and notice of investigation, The Commission denied two respondents' petitions for review of the ID, but determined to review the ID on its own motion and modified the ID in order to incorporate the claims of the patents remaining in controversy, which were omitted from the amended notice of investigation as set forth in the ID. 53 &L 45399 (Nov. 9, 1988). On November 16, 1988, the ALJ issued her final initial determination (ID), finding that there is a violation of section 337 in the importation of certain EPROMs or the manufacture of certain EPROMs for importation. On January 3, 1989, the Commission ordered review of certain portions of the final ID. Specifically, the Commission ordered review of 1. Whether, as a matter of policy, the Commission should apply the doctrine of assignor estoppel in its consideration of the issue of violation of section 337 in this investigation: 2. Assuming the Commission does apply the doctrine
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