[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Notices]
[Page 51514-51515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se08-116]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-654]
In the Matter of: Certain Peripheral Devices and Components
Thereof and Products Containing the Same; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 30, 2008, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Microsoft Corporation of Redmond, Washington. A supplement to the
complaint was filed on August 19, 2008. The complaint, as supplemented,
alleges violations of section 337 based upon the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain peripheral devices and components
thereof and products containing the same that infringe certain claims
of U.S. Patent Nos. 6,460,094; 6,795,949; 5,414,445; 7,199,785;
7,187,358; 7,068,257; and 6,531,692. The complaint further alleges that
an industry in the United States exists as required by subsection
(a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist order.
ADDRESSES: The complaint and supplement, except for any confidential
information contained therein, are 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., Room
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
202-205-2000.
[[Page 51515]]
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.
FOR FURTHER INFORMATION CONTACT: Stephen Smith, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2746.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2008).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 26, 2008, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain peripheral
devices or components thereof or products containing the same that
infringe one or more of claims 1, 2, 27, 33, 34, and 59 of U.S. Patent
No. 6,460,094; claims 1 and 3 of U.S. Patent No. 6,795,949; claims 16,
17, 19, 21-23, 25-28, and 32 of U.S. Patent No. 5,414,445; claims 18-20
of U.S. Patent No. 7,199,785; claims 1-12, 17, 18, and 21-23 of U.S.
Patent No. 7,187,358; claims 5, 6, 11, 13-15, 23, and 26-28 of U.S.
Patent No. 7,068,257; and claims 1, 7, 14, 18, 19, 34, and 36 of U.S.
Patent No. 6,531,692, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is--Microsoft Corporation, 1 Microsoft Way,
Redmond, Washington 98052.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Primax Electronics Ltd., No. 669, Ruey Kung Road, Neihu
Taipei, Taiwan.
(c) The Commission investigative attorney, party to this
investigation, is Stephen Smith, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Room 401D, Washington, DC 20436; and
(3) For the investigation so instituted, Paul J. Luckern, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of the respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: August 27, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-20337 Filed 9-2-08; 8:45 am]
BILLING CODE 7020-02-P