[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