UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
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`1“ the Matter Of
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`CERTAIN LITHOGRAPHY MACHINES AND
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`SYSTEMS AND COMPONENTS THEREOF (I)
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`
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`Investigation No. 337-TA-1128
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`NOTICE OF COMMISSION DECISION NOT TO REVIEW AN
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`INITIAL DETERMINATION TERMINATING THE INVESTIGATION
`BASED ON SETTLEMENT; TERMINATION OF INVESTIGATION
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`AGENCY: US. International Trade Commission.
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`ACTION:
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`Notice.
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`SUMMARY: Notice is hereby given that the US. International Trade Commission has
`determined not to review the presiding administrative law judge’s (“ALJ”) initial determination
`(“ID”) (Order No. 15), granting a joint motion to terminate the investigation on the basis of
`settlement. The investigation is terminated.
`
`FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General
`Counsel, US. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 708-2532. Copies of non-confidential documents filed in connection with this
`investigation are or will be available for inspection during official business hours (8:45 am. to
`' 5:15 pm.) in the Office of the Secretary, US. International Trade Commission, 500 E Street,
`S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server at httQS://www.usitc. gov. The
`public record for this investigation may be Viewed on the Commission’s electronic docket
`(EDIS) at httgs://edis. usitc. gov. Hearing—impaired persons are advised that information on this
`matter can be obtained by contacting the Commission TDD terminal on (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`August 21, 2018, based on a complaint filed by Carl Zeiss SMT GmbH of Oberkochen,
`Germany.
`83 FR 42317, 42318 (Aug. 21, 2018). The complaint alleged Violations of section
`337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation, sale before
`importation, and sale in the United States after importation of certain lithography machines and
`systems and components thereof by reason of the infringement of certain claims of US. Patent
`No. 8,902,407 and US. Patent No. 9,280,058.
`Id. The notice of investigation named as
`respondents Nikon Corporation of Tokyo, Japan, as well as Nikon Research Corporation of
`America and Nikon Precision Inc., both of Belmont, California.
`Id. The Office of Unfair
`Import Investigations did not participate in this investigation.
`
`

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`On February 22, 2019, the parties jointly moved to terminate the investigation based on
`settlement. N0 responses were filed.
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`On March 18, 2019, the presiding ALJ issued the subject ID (Order No. 15) granting the
`motion. The ID finds that the motion complies with Commission Rule 210.21, see 19 CFR
`210.21(a)—(b), and that the settlement agreement will not adversely affect the public interest, 19
`CFR 210.50(b)(2).
`ID at 1-2.
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`No petitions for review of the ID were filed.
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`The Commission has determined not to review the ID. The investigation is terminated.
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`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.
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`Issued: April 10, 2019
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`Lisa R. Barton
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`Secretary to the Commission
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`

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`CERTAIN LITHOGRAPHY MACHINES AND SYSTEMS
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`Inv. N0. 337-TA-1128
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`AND COMPONENTS THEREOF (1)
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`PUBLIC CERTIFICATE OF SERVICE
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`1, Lisa R. Barton, hereby certify that the attached NOTICE has been served on the
`following parties as indicated, on April 11, 2019.
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`Lisa R. Barton, Secretary
`US. International Trade Commission
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`500 E Street, SW, Room 112
`Washington, DC 20436
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`On Behalf of Com lainants Carl Zeiss SMT GmBH:
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`Benjamin K. Thompson, Esq.
`FISH & RICHARDSON PC
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`1180 Peachtree Street, NE, 21St Floor
`Atlanta, GA 30309
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`[3 Via Hand Delivery
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`El Via Express Delivery
`{XI Via First Class Mail
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`D Other:
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`On Behalf of Respondents Nikon Corporation, Nikon
`Research Corporation of America, and Nikon Precisions Inc.:
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`Mark L. Whitaker, Esq.
`MORRISON & FOERSTER LLP
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`2000 Pennsylvania Avenue, NW, Suite 6000
`Washington, DC 20006
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`D Via Hand Delivery
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`CI Via Express Delivery
`Via First Class Mail
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`Cl Other:
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`