[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Notices]
[Pages 7068-7069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2825]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-371]
Notice of Investigation
In the Matter of: Certain Memory Devices With Increased
Capacitance and Products Containing Same
AGENCY: International Trade Commission.
[[Page 7069]] 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 December 30, 1994, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Emanuel Hazani, 1210 Sesame Drive, Sunnyvale, California 94087 and
Patent Enforcement Fund, Inc., 1095 Sasco Hill Road, Fairfield,
Connecticut 06430. Supplements were filed on January 9 and 19, 1995.
The complaint, as supplemented, alleges a violation of section 337 in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain memory
devices with increased capacitance and products containing same by
reason of infringement of claims 1-2, 4-23 and 25-28 of U.S. Letters
Patent 5,166,904, and 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 a hearing, issue a permanent exclusion order
and a permanent 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 202-205-1802. Hearing-impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: John M. Whealan, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2574.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in Sec. 210.10 of the Commission's final rules of practice and
procedure (59 FR 39020, 39043, August 1, 1994).
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on January 30, 1995, 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 memory
devices with increased capacitance and products containing same by
reason of infringement of claims 1, 2, 4-23, 25-27 or 28 of U.S.
Letters Patent 5,166,904, 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) 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--
Emanuel Hazani, 1210 Sesame Drive, Sunnyvale, California 94087
Patent Enforcement Fund, Inc., 1095 Sasco Hill Road, Fairfield,
Connecticut 06430
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Mitsubishi Electric Corporation, 2-3, Marunouchi, 2-chome, Chiyoda-ku,
Tokyo 100, Japan
Mitsubishi Electric America, Inc., 5665 Plaza Drive, Cypress,
California 90630-0007
NEC Corporation, 7-1 Shiba, 5-chome, Minato-ku, Tokyo 108-01, Japan
NEC Electronics, Inc., 475 Ellis Street, Mountain View, California
94043
Oki Electric Industry, Co., Ltd., 7-12 Toranomon, 1-chome, Minato-ku,
Tokyo 105, Japan
Oki America, Inc., Three University Plaza, Hackensack, New Jersey 07601
Hitachi, Ltd., 6 Kanda-Surugadai 4-chome, Chiyoda-ku, Tokyo 101, Japan
Hitachi America, Ltd., 50 Prospect Avenue, Tarrytown, New York 10591
Samsung Electronics Co., Ltd., C.P.O. Box 2775, 10-20th Floors, Joong-
ang Daily News Bldg. 7, Soonhwa-dong, Chung-ku, Seoul, Korea
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield
Park, New Jersey 07660
Samsung Semiconductors, Inc., 3655 North 1st Street, San Jose,
California 95134-1708
Hyundai Electronics Industries, Co., Ltd., 140-2, Gye-Dong, Chongro-Ku,
Seoul, Korea
Hyundai Electronics America, Inc., 166 Baypointe Parkway, San Jose,
California 95134
(c) John M. Whealan, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-P,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, Janet D. Saxon, 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 final rules of practice and procedure. 59 FR 39020,
39045, August 1, 1994. Pursuant to 19 CFR Sec. 201.16(d) and
Sec. 210.13(a) of the Commission's Final Rules (59 FR at 39045), such
responses will be considered by the Commission if received not later
than 20 days after the date of service of the complaint. Extensions of
time for submitting responses to the complaint will not be granted
unless good cause therefor is shown.
Failure of a respondents 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 both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: January 31, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-2825 Filed 2-3-95; 8:45 am]
BILLING CODE 7020-02-P