Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
720405-472149

720405-472149

Ratings: (0)|Views: 122 |Likes:
Published by sabatino123

More info:

Published by: sabatino123 on Feb 17, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/17/2012

pdf

text

original

 
 
UNITED STATES INTERNATIONAL TRADE COMMISSIONWashington, D.C.Before the CommissionIn the Matter of CERTAIN SEMICONDUCTOR CHIPSHAVING SYNCHRONOUS DYNAMICRANDOM ACCESS MEMORYCONTROLLERS AND PRODUCTSCONTAINING SAMEInv. No. 337-TA-661RESPONSE OF THE OFFICE OF UNFAIR IMPORT INVESTIGATIONSTO THE JOINT PETITION OF COMPLAINANT RAMBUS INC. ANDRESPONDENT NVIDIA CORP. TO RESCIND LIMITED EXCLUSION ORDERAND CEASE AND DESIST ORDERS
On February 13, 2012, pursuant to Rule 210.76(a)(1) of the Commission’s Rules of Practice and Procedure, Complainant Rambus Inc. (“Rambus”) and Respondent nVidia Corp.(“nVidia”) filed a joint petition to rescind the limited exclusion order and cease and desist orders(collectively, the “Orders”) issued by the Commission in this investigation on July 26, 2010(“Petition”).
1
Rambus and nVidia seek rescission on the basis of a settlement that purportedlycovers all articles subject to the Commission’s Orders. Petition at 1 and Exhs. A and B. TheOffice of Unfair Import Investigations (“OUII”) supports the Petition.
1
OUII notes that the Petition was filed on EDIS after the 5:15 pm filing cutoff on February10, 2012. Thus, the Official Receive Date is the next business day,
i.e.
, February 13, 2012.
See
Handbook on Filing Procedures at p. 10 (Nov. 7, 2011) (“If the filing is submitted after the closeof business [at 5:15 pm], the filing will be deemed officially received on the next business day.”).
 
2Rambus and nVidia have attached to their Petition two documents, entitled “SettlementAgreement” and “Patent License Agreement.” Petition Exhs A and B.
2
The SettlementAgreement and Patent License Agreement memorialize the parties’ agreement to compromiseand settle the disputes arising out of this investigation (including appellate proceedings beforethe U.S. Court of Appeals for the Federal Circuit), related litigation in the U. S. District Court forthe Northern District of California, and certain aspects of the 753 investigation currently pendingbefore Judge Essex. Settlement Agreement, § 3.1 (Release by Rambus);
id.
at § 3.5(a)(Dismissals and Other Provisions Terminating the Disputes); Patent License Agreement, § 2.1(License to nVidia);
id.
at § 3.1 (Rambus Standstill). With respect to the 661 investigation andthe corresponding Commission Orders in particular, the Patent License Agreement grants nVidiaa non-exclusive, non-transferrable, royalty-bearing license under the patents (
i.e.
, U.S. PatentNos. 6,470,405; 6,591,353; and 7,287,109) that are the subject of the Commission Orders.Patent License Agreement, § 2.1 (License to nVidia);
see also
Petition at 1-2. In addition, theSettlement Agreement releases Rambus’s claims of infringement against the products of thenVidia customer respondents that are subject to the Commission Orders. Settlement Agreement,§ 3.4(b);
see also
Petition at 1-2.In OUII’s view, the agreements between Rambus and nVidia as reflected in Exhibits Aand B to the joint Petition constitute a “changed condition of fact” meriting rescission of theCommission Orders pursuant to 19 C.F.R. § 210.76(a)(1).
See, e.g., Certain Sortation Systems,Parts Thereof and Products Containing Same
, Inv. No. 337-TA-460, 2005 ITC LEXIS 213,Notice of Comm’n Determination to Rescind a Limited Exclusion Order (Mar. 3, 2005);
Certain
2
The parties have provided a confidential version and a redacted, public version of the twoagreements.
See
EDIS Doc. ID 471759 (Feb. 13, 2012) (including a complete copy of theconfidential agreements); EDIS Doc. ID 471760 (Feb. 13, 2012) (including a redacted, publicversion of the confidential agreements).
 
3
 Integrated Circuits, Processes for Making Same, and Products Containing Same
, Inv. No. 337-TA-450, 2003 ITC LEXIS 283, Comm’n Notice of Rescission of Limited Exclusion Order andVacatur of Administrative Law Judge Order No. 5 (Apr. 23, 2003);
Certain Condensers, PartsThereof and Products Containing Same
, Inv. No. 337-TA-334, 2000 ITC LEXIS 316, Comm’nNotice (Oct. 10, 2000);
Certain Dense Wavelength Division Multiplexing Systems and Components Thereof 
, Inv. No. 337-TA-397, 1998 ITC LEXIS 168, Comm’n Notice of Rescission of Limited Exclusion Order (July 30, 1998);
Certain Flash Memory Circuits and Products Containing Same
, Inv. No. 337-TA-382, 1997 ITC LEXIS 266, Comm’n Notice of Rescission of Limited Exclusion Order and Cease and Desist Order (Sept. 18, 1997).Accordingly, OUII supports the Petition for rescission of the Commission Orders.Respectfully submitted, /s/ Daniel L. GirdwoodLynn I. Levine, DirectorDavid O. Lloyd, Supervisory AttorneyDaniel L. Girdwood, Investigative AttorneyOFFICE OF UNFAIR IMPORT INVESTIGATIONSU.S. International Trade Commission500 E Street, S.W., Suite 401(h)Washington, D.C. 20436202.205.3409 (ph)February 16, 2012 202.205.2158 (fax)

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->