[Federal Register Volume 61, Number 244 (Wednesday, December 18, 1996)]
[Notices]
[Pages 66695-66696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32106]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION


Certain Digital Satellite System (DSS) Receivers and Components 
Thereof; Notice of Investigation

[Inv. No. 337-TA-392]
AGENCY: U.S. International Trade Commission.

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

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 13, 1996, under section 
337 of the Tariff Act of 1930, as amended, 17 U.S.C. Sec. 1337, on 
behalf of Personalized Media Communications, L.L.C., 110 East 42nd 
Street, Suite 1704, New York, New York 10017. Letters supplementing the 
complaint were filed on November 25 and December 2, 1996. 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 digital 
satellite system (DSS) receivers and components thereof by reason of 
direct, induced, and contributory infringement of claims 3, 6, 7, 12, 
15, 35, and 44 of U.S. Letters Patent 5,335,277. The complaint further 
alleges that there exists an industry in the United States as required 
by subsection (a)(2) of section 337.
    The complaint requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.


[[Page 66696]]


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.

FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office 
of Unfair Import Investigation, 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 Rules of Practice and 
Procedure, 19 C.F.R. Sec. 210.10 (1996).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on December 11, 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 digital 
satellite system (DSS) receivers or components thereof by reason of 
infringement of claims 3, 6, 7, 12, 15, 35, or 44 of U.S. Letters 
Patent 5,335,277, 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 complaint is--Personalized Media Communications, L.L.C., 
110 East 42nd Street, Suite 1704, New York, New York 10017.
    (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:

Thomson Consumer Electronics, Inc., 10330 North Meridian Street, 
Indianapolis, Indiana 46206.
Hughes Network Systems, 11717 Exploration Lane, Germantown, Maryland 
20876.
Hitachi Home Electronics (America), Inc., 3890 Steve Reynolds Blvd., 
Norcross, Georgia 30093.
Toshiba America Consumer Products, Inc., 82 Totowa Road, Wayne, New 
Jersey 07470.
Matsushita Electric Corporation of America, One Panasonic Way, 
Secaucus, New Jersey 07094.
DIRECTV, Inc., 2230 E. Imperial Hwy., El Segundo, California 90245.
United States Satellite Broadcasting Co., 3415 University Ave., St. 
Paul, Minnesota 55114.

    (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 
investigate 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. 
Sec. 210.13. Pursuant to 19 C.F.R. Sec. Sec. 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 compliant and the notice of investigation. 
Extensions of time for submitting responses to the compliant 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 compliant and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the 
respondents, 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.

    By order of the Commission.

    Issued: December 11, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-32106 Filed 12-17-96; 8:45 am]
BILLING CODE 7020-02-P