Investigations: Certain MLC Flash Memory Devices and Products Containing Same

Federal Register: August 27, 2009 (Volume 74, Number 165)

Notices

Page 43723-43724

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr27au09-99

INTERNATIONAL TRADE COMMISSION

Inv. No. 337-TA-683

In the Matter of Certain MLC Flash Memory Devices and Products

Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

SUMMARY: Notice is hereby given that a complaint was filed with the

U.S. International Trade Commission on July 27, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of BTG

International

Page 43724

Inc. of West Conshohocken, Pennsylvania. A letter supplementing the complaint was filed on August 18, 2009. The 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 MLC flash memory devices and products containing same by reason of infringement of certain claims of U.S.

Patent Nos. 5,394,362; 5,764,571; 5,872,735; 6,104,640; and 6,118,692.

The 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 an exclusion order and a 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 202-205-2000. 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: Stephen R. Smith, Esq., Office of

Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2746.

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 (2009).

Scope of Investigation: Having considered the complaint, the U.S.

International Trade Commission, on August 21, 2009, 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 MLC flash memory devices or products containing same that infringe one or more of claim 1 of U.S. Patent No. 5,394,362; claims 1-47 of U.S. Patent No. 5,764,571; claims 29-42 of U.S. Patent No. 5,872,735; claims 1, 2, 5-8, 11-14, 17-21, 24-27, 29, 31-33, 35, 37, and 38 of U.S. Patent No. 6,104,640; and claims 43 and 64 of U.S. Patent No. 6,118,692; and whether an industry in the United States exists 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 complainant is--BTG International Inc., Five Tower Bridge,

Suite 800, 300 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2998.

(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., 250, 2-ga, Taepyong-ro Jang-gu,

Seoul 100-742, South Korea.

Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield

Park, New Jersey 07660.

Samsung Semiconductor, Inc., 3655 North First Street, San Jose,

California 95134.

Samsung Telecommunications America, LLC, 1301 East Lookout Drive,

Richardson, Texas 75082.

Apple, Inc., 1 Infinite Loop, Cupertino, California 95014.

ASUStek Computer, Inc., 150 Li-Te Rd., Peitou, Taipei 112, Taiwan.

ASUS Computer International, 800 Corporate Way, Fremont, California 94539.

Dell, Inc., 1 Dell Way, Round Rock, Texas 78682-2222.

Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979

King's Road, Quany Bay, Hong Kong.

Lenovo (United States) Inc., 1009 Think Place, Morrisville, North

Carolina 27560.

PNY Technologies, Inc., 299 Webro Rd., Parsippany, New Jersey 07054-0218.

Research In Motion, Ltd., 295 Phillip Street, Waterloo, Ontario,

Canada N2L 3W8.

Research in Motion Corporation, 122 West John Carpenter Parkway,

Suite 430, Irving, Texas 75039.

Sony Corporation, 1-7-1, Konan, Minato-ku, Tokyo 108-0075, Japan.

Sony Electronics, Inc., 16530 Via Esprillo, San Diego, California 92127.

Transcend Information, Inc., No. 70, Xing Zhong Rd., NeiHu Dist.,

Taipei, Taiwan.

(c) The Commission investigative attorney, party to this investigation, is Stephen R. Smith, Esq., Office of Unfair Import

Investigations, U.S. International Trade Commission, 500 E Street, SW.,

Suite 401, Washington, DC 20436; and

(3) For the investigation so instituted, the Honorable Paul J.

Luckern, 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 Rules of Practice and Procedure, 19 CFR 210.13.

Pursuant to 19 CFR 201.16(d) 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 a respondent.

Issued: August 24, 2009.

By order of the Commission.

Marilyn R. Abbott,

Secretary to the Commission.

William R. Bishop,

Acting Secretary to the Commission.

FR Doc. E9-20692 Filed 8-26-09; 8:45 am