[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Pages 24885-24886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11491]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-373]
Certain Low-Power Computer Hard Disk Drive Systems 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 April 4, 1995, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Conner Peripherals, Inc., 3081 Zanker Road, San Jose, California 95134-
2128. A supplement to the complaint was filed on April 27, 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 low-power
computer hard disk drive systems and products containing same by reason
of infringement of claims 1, 2, 7, 20-24, and 30 of U.S. Letters Patent
5,402,200. The complaint further alleges that there exists an industry
in the United States as required by subsection (a)(2) of section 337.
The complainant requests 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, S.W., Room 112,
Washington, D.C. 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: Smith R. Brittingham IV, Esq., Office
of Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2576.
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 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 May 1, 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 low-power
computer hard disk drive systems or products containing same by reason
of infringement of claims 1, 2, 7, 20-24, or 30 of U.S. Letters Patent
5,402,200, 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 complainant is--Conner Peripherals, Inc.
3081 Zanker Road, San Jose, California 95134-2128 (b) The respondent is
the following company alleged to be in violation of section 337, and is
the party upon which the complaint is to be served:
International Business Machines Corporation, 1 Old Orchard Road,
Armonk, New York 10504
(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, 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 respondent 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 201.16(d) and section
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 and notice of
investigation will not be granted unless good cause therefor is shown.
[[Page 24886]]
Failure of the 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: May 2, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-11491 Filed 5-9-95; 8:45 am]
BILLING CODE 7020-02-P