[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3359-3360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00423]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1034]
Certain Flash Memory Devices and Components Thereof; Institution
of Investigation
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 6, 2016, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Memory Technologies, LLC of Las Vegas, Nevada. An amended complaint was
filed on December 12, 2016. The 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 flash memory devices and components thereof by
reason of infringement of certain claims of U.S. Patent No. RE45,542
(``the '542 patent''); U.S. Patent No. RE45,486 (``the '486 patent'');
U.S. Patent No. 7,565,469 (``the '469 patent''); U.S. Patent No.
9,063,850 (``the '850 patent''); and U.S. Patent No. 8,307,180 (``the
'180 patent''). The 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 a limited exclusion
order and cease and desist orders.
ADDRESSES: The amended 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 https://www.usitc.gov.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at https://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 (2016).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on January 5, 2017, 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 flash memory
devices and components thereof by reason of infringement of one or more
of claim 38 of the '542 patent; claims 6, 9, 10, 22, 23, 26, and 27 of
the '486 patent; claim 19 of the '469 patent; claim 10 of the '850
patent; and claims 17-19, 21, 22, and 27 of the '180 patent, and
whether an industry in the United States exists 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 or 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 complainant is:
Memory Technologies, LLC, 6787 W. Tropicana Avenue, Suite 238, Las
Vegas, NV 89103
(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:
SanDisk LLC, 951 SanDisk Drive, Milpitas, CA 95035
Western Digital Corporation, 3355 Michelson Drive, Suite 100, Irvine,
CA 92612
Western Digital Technologies, Inc., 951 SanDisk Drive, Milpitas, CA
95035
SanDisk Limited, 8F Nisso 15 Bldg. 2-17-19 Shin-Yokohama, Kohoku-ku,
Yokohama, Japan 222-0033
SanDisk Storage Malaysia Sdn. Bhd., Plot 18, Lorong Jelawat 4, Kawasan,
Perindustrian, Seberang Jaya, 13700 Perai, Penang, Malaysia
SanDisk SemiConductor (Shanghai) Co., Ltd., No. 388, Jiang Chuan East
Road, Minhang District, Shanghai 200241, China
(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 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(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
[[Page 3360]]
Commission of the amended complaint and the notice of investigation.
Extensions of time for submitting responses to the 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 amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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.
By order of the Commission.
Issued: January 5, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-00423 Filed 1-10-17; 8:45 am]
BILLING CODE 7020-02-P