[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6227-6228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02154]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-909]
Certain Non-Volatile Memory Devices and Products Containing Same
Institution of Investigation Pursuant to 19 U.S.C. 1337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 27, 2013, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Macronix International Co., Ltd. of Taiwan and Macronix America, Inc.
of Milpitas, California. A revised complaint was filed on December 31,
2013, and a letter supplementing the revised complaint was filed on
January 14, 2014. The revised 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 non-volatile memory devices and products containing the same by
reason of infringement of U.S. Patent No. 6,552,360 (``the '360
patent''); U.S. Patent No. 6,100,557 (``the '557 patent''); and
6,002,630 (``the '630 patent''). The revised complaint further alleges
that an industry in the United States exists or is in the process of
being established as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order and cease and desist orders.
ADDRESSES: The revised 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: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
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 (2013).
Scope of Investigation: Having considered the revised complaint,
the
[[Page 6228]]
U.S. International Trade Commission, on January 28, 2014, 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 non-volatile
memory devices and products containing the same by reason of
infringement of one or more of claims 1-8 of the '360 patent; claims 1-
3, 7, and 9-13 of the '557 patent; and claims 1-6 and 10-16 of the '630
patent, and whether an industry in the United States exists or is in
the process of being established as required by subsection (a)(2) of
section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(3) 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 complainants are:
Macronix International Co., Ltd., No. 16, Li-Hsin Road, Science Park,
Hsin-chu, Taiwan.
Macronix America, Inc., 680 North McCarthy Boulevard, Suite 200,
Milpitas, CA 95035.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the revised
complaint is to be served:
Spansion, Inc., 915 DeGuigne Drive, Sunnyvale, CA 94085.
Spansion LLC, 915 DeGuigne Drive, Sunnyvale, CA 94085.
Spansion (Thailand) Ltd., 229 Moo 4 Changwattana Road, Pakkred,
Nonthaburi 11120, Thailand.
Beats Electronics LLC, 1601 Cloverfield Boulevard, Suite 5000N, Santa
Monica, CA 90404.
Delphi Automotive PLC, Courteney Road, Hoath Way, Gillingham, Kent ME8
0RU, United Kingdom.
Delphi Automotive Systems, LLC, 5725 Delphi Drive, Troy, MI 48098.
Harman International Industries, Inc., 400 Atlantic Street, Suite 1500,
Stamford, CT 06901.
Harman Becker Automotive Systems, Inc., 39001 West 12 Mile Road,
Farmington Hills, MI 48331.
Harman Becker Automotive Systems GmbH, Becker-Goering-Strasse 16, 76307
Karlsbad, Germany.
Ruckus Wireless, Inc., 350 West Java Drive, Sunnyvale, CA 94089.
Tellabs, Inc., 1415 West Diehl Road, Naperville, IL 60563.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the revised 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(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 revised complaint
and the notice of investigation. Extensions of time for submitting
responses to the revised 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 revised complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the revised 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 revised
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: January 29, 2014.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-02154 Filed 1-31-14; 8:45 am]
BILLING CODE 7020-02-P