[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3771-3772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01378]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1097]
Certain Solid State Storage Drives, Stacked Electronics
Components, and Products Containing Same; 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 21, 2017, under section
337 of the Tariff Act of 1930, as amended, on behalf of BiTMICRO, LLC
of Reston,Virginia. An amended complaint was filed on January 9, 2018.
A supplement to the amended complaint was filed on January 18, 2018.
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 solid state
storage drives, stacked electronics components, and products containing
same by reason of infringement of U.S. Patent No. 7,826,243 (``the '243
Patent''); U.S. Patent No. 6,529,416 (``the '416 Patent''); U.S. Patent
No. 9,135,190 (``the '190 Patent''); and U.S. Patent No. 8,093,103
(``the '103 Patent''). The amended complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute.
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: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2017).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on January 19, 2018, 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 solid state
storage drives, stacked electronics components, and products containing
same by reason of infringement of one or more of claims 1, 2, 11, and
12 of the '243 Patent; claims 1-20 of the '416 Patent; claims 1-101 of
the '190 Patent; and claims 12 and 16 of the '103 Patent; and whether
an industry in the United States exists as required by subsection
(a)(2) of section 337;
(2) Notwithstanding any Commission Rules that would otherwise
apply, the presiding Administrative Law Judge shall hold an early
evidentiary hearing, find facts, and issue an early decision, as to
whether the complainant has satisfied the economic prong of the
domestic industry requirement. Any such decision shall be in the form
of an initial determination (ID). Petitions for review of such an ID
shall be due five calendar days after service of the ID; any replies
shall be due three business days after service of a petition. The ID
will become the Commission's final determination 30 days after the date
of service of the ID unless the Commission determines to review the ID.
Any such review will be conducted in accordance with Commission Rules
210.43, 210.44, and 210.45, 19 CFR 210.43, 210.44, and 210.45. The
Commission expects the issuance of an early ID relating to the economic
prong of the domestic industry requirement within 100 days of
institution, except that the presiding ALJ may grant a limited
extension of the ID for good cause shown. The issuance of an early ID
finding that complainant does not satisfy the economic prong of the
domestic industry requirement shall stay the investigation unless the
Commission orders otherwise; any other decision shall not stay the
investigation or delay the issuance of a final ID covering the other
issues of the investigation;
(3) 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
[[Page 3772]]
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)
(4) 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: BiTMICRO, LLC, 11921 Freedom Drive, Suite
550, Reston, VA 20190.
(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., 129 Samsung-Ro, Yeongtong-Gu, Suwon,
Gyeonggi-do, Republic of Korea
Samsung Semiconductor, Inc., 3655 North First Street, San Jose, CA
95134
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park,
NJ 07660
SK Hynix Inc., 2091, Gyeongchung-daero, Bubal-eub Icheon-si, Gyeonggi-
do, Republic of Korea
SK Hynix America Inc., 3101 North First Street, San Jose, CA 95134
Dell Inc., 1 Dell Way, Round Rock, TX 78664
Dell Technologies Inc., 1 Dell Way, Round Rock, TX 78664
Lenovo Group Ltd., No. 6 Chuang Ye Road, Shangdi Information Industry
Base, Haidan District, Beijing, China 100085
Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27560
HP Inc., 1501 Page Mill Road, Palo Alto, CA 94304
Hewlett Packard Enterprise Co., 3000 Hanover Street, Palo Alto, CA
94304
ASUSTeK Computer Inc., No. 15, Li-Te Road, Peitou, Taipei, Taiwan
ASUS Computer International, 800 Corporate Way, Fremont, CA 94539
Acer Inc., 8F, 88, Sec. 1, Xintai 5th Road Xizhi, New Taipei City 221,
Taiwan
Acer America Corp., 333 West San Carlos Street, Suite 1500, San Jose,
CA 95110
VAIO Corporation, 5432 Toyoshina, Azumino, Japan 399-8282
Transcosmos America Inc., 879 West 190th Street, Suite 1050, Gardena,
CA 90248
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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 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 the respondent.
By order of the Commission.
Issued: January 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-01378 Filed 1-25-18; 8:45 am]
BILLING CODE 7020-02-P