[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