[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Notices]
[Pages 45295-45296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19012]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-792]
In the Matter of Certain Static Random Access Memories and
Products Containing Same; Notice of Institution of Investigation;
Institution of Investigation Pursuant to 19 U.S.C. 1337
AGENCY: U.S. International Trade Commission.
ACTION: Action.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 10, 2011, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Cypress Semiconductor Corporation of San Jose, California. An amended
complaint was filed on June 27, 2011 and a letter supplementing the
amended complaint was filed on June 28, 2011. A second amended
complaint was filed on July 13, 2011. The second amended 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 static random access memories and
products containing same by reason of infringement of certain claims of
U.S. Patent No. 6,534,805 (``the `805 patent''); U.S. Patent No.
6,651,134 (``the `134 patent''); U.S. Patent No. 7,142,477 (``the `477
patent''); and U.S. Patent No. 6,262,937 (``the `937 patent''). The
second amended 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 orders.
ADDRESSES: The second amended 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. 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: The Office of Docket Services, U.S.
International Trade Commission, telephone (202) 205-1802.
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 (2011).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on July 21, 2011, 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 static
random access memories and products containing same that infringe one
or more of claims 1, 2, and 4-6 of the `805 patent; claims 1, 2, and
12-15 of the `134 patent; claims 8 and 9 of the `477 patent; and claims
1, 2, 6, 12, and 13 of the `937 patent, 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:
Cypress Semiconductor Corporation, 198 Champion Court, San Jose, CA
95134.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
GSI Technology, Inc., 1213 Elko Drive, Sunnyvale, CA 94089.
Alcatel-Lucent, 54, rue La Bo[eacute]tie, 75008 Paris, France.
Alcatel-Lucent USA, Inc., 600-700 Mountain Avenue, Murray Hill, NJ
07974.
Telefonaktiebolaget LM Ericsson, Torshamnsgatan 23, Kista, Stockholm,
SE-164 83, Sweden.
Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024.
Motorola Solutions, Inc., 1303 East Algonquin Road, Schaumburg, IL
60196.
Motorola Mobility, Inc., 600 North U.S. Highway 45, Libertyville, IL
60048.
Arrow Electronics, Inc., 50 Marcus Drive, Melville, NY 11747.
Nu Horizons Electronics Corp., 70 Maxess Road, Melville, NY 11747.
Cisco Systems, Inc., 170 W. Tasman Drive, San Jose, CA 95134.
Hewlett Packard Company/Tipping Point, 3000 Hanover Street, Palo Alto,
CA 94304.
Avnet, Inc., 2211 S. 47th Street, Phoenix, AZ 85034.
Nokia Siemens Networks US, LLC, 6000 Connection Drive, Irving, TX
75039.
Nokia Siemens Networks B.V., Werner von Siemensstraat 7, Zoetermeer,
2712PN, Netherlands.
Tellabs, 1 Tellabs Center, 1415 W. Diehl Road, Naperville, IL 60563.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the second amended 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)-(e) 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
[[Page 45296]]
second amended complaint and the notice of investigation. Extensions of
time for submitting responses to the second amended 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 second amended complaint and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the second amended 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 second amended 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.
Issued: July 21, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-19012 Filed 7-27-11; 8:45 am]
BILLING CODE 7020-02-P