[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Notices]
[Pages 59880-59881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29269]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-402]
Certain Integrated Circuits and Products Containing Same; Notice
of Investigation
AGENCY: U.S. International Trade Commission.
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 September 30, 1997, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on
behalf of Fujitsu Limited, 6-1, Marunouchi 1-chome, Chiyoda-ku, Tokyo
100, Japan, and Fujitsu Microelectronics, Inc., 3545 North First
Street, San Jose, California 95134. A supplement to the complaint was
filed on October 15, 1997. The complaint, as supplemented, alleges
violations 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 integrated circuits and products containing same
by reason of infringement of claims 1, 2, 3, 8, 9, and 10 of U.S.
Letters Patent 4,641,166 and claims 1, 6, 14, 15, 18, 27, and 37 of
U.S. Letters Patent B1 4,352,724. The complaint further alleges that
there exists an industry in the United States 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 permanent cease and desist orders.
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, S.W., Room 112,
Washington, D.C. 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.
FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office
of Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2576. General information concerning the Commission
may also be obtained by accessing its internet server (http://
www.usitc.gov or ftp://ftp.usitc.gov).
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 Rules of Practice and
Procedure, 19 C.F.R. 210.10 (1997).
[[Page 59881]]
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on September 29, 1997, 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 integrated
circuits or products containing same by reason of infringement of
claims 1, 2, 3, 8, 9, or 10 of U.S. Letters Patent 4,641,166 or claims
1, 6, 14, 15, 18, 27, or 37 of U.S. Letters Patent B1 4,352,724, and
whether there exists an industry in the United States 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:
Fujitsu Limited, 6-1, Marunouchi 1-chome, Chiyoda-ku, Tokyo 100, Japan
Fujitsu Microelectronics, Inc., 3545 North First Street, San Jose,
California 95134.
(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:
Samsung Electronics Co., Ltd., Samsung Main Building 250, 2-Ka,
Taepyung-Ro, Chung-Ku, Seoul, 100-742 Korea
Samsung Semiconductor, Inc., 3655 North First Street, San Jose,
California 95134.
(c) Smith R. Brittingham IV, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street,
S.W., Room 401-M, Washington, D.C. 20436, who shall be the Commission
investigative attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as 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 Rules of Practice and Procedure, 19 C.F.R. 210.13.
Pursuant to 19 C.F.R. 201.16(d) and 210.13(a) of the Commission's
Rules, 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 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 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: October 30, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary,
[FR Doc. 97-29269 Filed 11-4-97; 8:45 am]
BILLING CODE 7020-02-P