[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Notices]
[Pages 7122-7123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4223]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-382]


Certain Flash Memory Circuits and Products Containing Same; 
Notice of Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and 
provisional acceptance of motion for temporary relief.

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SUMMARY: Notice is hereby given that a complaint and a motion for 
temporary relief were filed with the U.S. International Trade 
Commission on January 11, 1996, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, on behalf of SanDisk Corporation, 
3270 Jay Street, Santa Clara, CA 95054. The complaint 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 flash memory circuits and products containing 
same by reason of alleged infringement of claims 1, 2, 3 or 4 of U.S. 
Letters Patent 5,418,752 and claims 27, 32, or 44 of U.S. Letters 
Patent 5,172,338. 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 full investigation, issue a permanent 
exclusion order and permanent cease and desist orders.
    The motion for temporary relief requests that the Commission issue 
a temporary exclusion order and temporary cease and desist orders 
prohibiting the importation into and the sale within the United States 
after importation of certain flash memory circuits and products 
containing same 

[[Page 7123]]
that infringe claim 1 of U.S. Letters Patent 5,418,752 during the 
course of the Commission's investigation.

ADDRESSES: The complaint and motion for temporary relief, except for 
any confidential information contained therein, are 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: 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 section 210.10 of the Commission's Final Rules of Practice 
and Procedure, 19 CFR 210.10. The authority for provisional 
acceptance of the motion for temporary relief is contained in 
section 210.58, 19 CFR 210.58.

Scope of Investigation

    Having considered the complaint and the motion for temporary 
relief, the U.S. International Trade Commission, on February 20, 1996, 
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 flash memory 
circuits and products containing same by reason of infringement of 
claims 1, 2, 3 or 4 of U.S. Letters Patent 5,418,752 or claims 27, 32, 
or 44 of U.S. Letters Patent 5,172,338, and whether there exists an 
industry in the United States as required by subsection (a)(2) of 
section 337.
    (2) Pursuant to section 210.58 of the Commission's Final Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, be provisionally accepted and referred to 
the presiding administrative law judge for investigation.
    (3) 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--SanDisk Corporation, 3270 Jay Street, Santa 
Clara, California 95054.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
and motion for temporary relief are to be served:

Samsung Electronics Company, Ltd., Samsung Main Building, 10th Floor, 
250, 2-ka Taepyung-Ro Chung-Ku, Seoul, Korea
Samsung Semiconductor, Inc., 3655 North First Street, San Jose, 
California 95134-1707

    (c) John M. Whealan, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401P, 
Washington, D.C. 20436, shall be the Commission investigative attorney, 
party to this investigation; and
    (4) For the investigation and temporary relief proceedings 
instituted, the Honorable Sidney Harris is designated as the presiding 
Administrative Law Judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondents 
in accordance with sections 210.13 and 210.59 of the Commission's Final 
Rules of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 
19 CFR 201.16(d), 210.13(a) and 210.59 of the Commission's Final Rules 
of Practice and Procedure, such responses will be considered by the 
Commission if received not later than 10 days after the date of service 
by the Commission of the complaint, the motion for temporary relief, 
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, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief, 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, motion for temporary 
relief, 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: February 20, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-4223 Filed 2-23-96; 8:45 am]
BILLING CODE 7020-02-P