[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43723-43724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20692]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-683]
In the Matter of Certain MLC Flash Memory Devices and Products
Containing 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 27, 2009, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of BTG
International
[[Page 43724]]
Inc. of West Conshohocken, Pennsylvania. A letter supplementing the
complaint was filed on August 18, 2009. The complaint 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 MLC flash memory devices and products
containing same by reason of infringement of certain claims of U.S.
Patent Nos. 5,394,362; 5,764,571; 5,872,735; 6,104,640; and 6,118,692.
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 a cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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. 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 R. 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 (2009).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 21, 2009, 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 MLC flash
memory devices or products containing same that infringe one or more of
claim 1 of U.S. Patent No. 5,394,362; claims 1-47 of U.S. Patent No.
5,764,571; claims 29-42 of U.S. Patent No. 5,872,735; claims 1, 2, 5-8,
11-14, 17-21, 24-27, 29, 31-33, 35, 37, and 38 of U.S. Patent No.
6,104,640; and claims 43 and 64 of U.S. Patent No. 6,118,692; 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--BTG International Inc., Five Tower Bridge,
Suite 800, 300 Barr Harbor Drive, West Conshohocken, Pennsylvania
19428-2998.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Samsung Electronics Co., Ltd., 250, 2-ga, Taepyong-ro Jang-gu,
Seoul 100-742, South Korea.
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield
Park, New Jersey 07660.
Samsung Semiconductor, Inc., 3655 North First Street, San Jose,
California 95134.
Samsung Telecommunications America, LLC, 1301 East Lookout Drive,
Richardson, Texas 75082.
Apple, Inc., 1 Infinite Loop, Cupertino, California 95014.
ASUStek Computer, Inc., 150 Li-Te Rd., Peitou, Taipei 112, Taiwan.
ASUS Computer International, 800 Corporate Way, Fremont, California
94539.
Dell, Inc., 1 Dell Way, Round Rock, Texas 78682-2222.
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979
King's Road, Quany Bay, Hong Kong.
Lenovo (United States) Inc., 1009 Think Place, Morrisville, North
Carolina 27560.
PNY Technologies, Inc., 299 Webro Rd., Parsippany, New Jersey
07054-0218.
Research In Motion, Ltd., 295 Phillip Street, Waterloo, Ontario,
Canada N2L 3W8.
Research in Motion Corporation, 122 West John Carpenter Parkway,
Suite 430, Irving, Texas 75039.
Sony Corporation, 1-7-1, Konan, Minato-ku, Tokyo 108-0075, Japan.
Sony Electronics, Inc., 16530 Via Esprillo, San Diego, California
92127.
Transcend Information, Inc., No. 70, Xing Zhong Rd., NeiHu Dist.,
Taipei, Taiwan.
(c) The Commission investigative attorney, party to this
investigation, is Stephen R. Smith, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable 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 a 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 a respondent.
Issued: August 24, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-20692 Filed 8-26-09; 8:45 am]
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