[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Notices]
[Pages 909-910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-251]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-417]


Certain Code Hopping Remote Control Systems, Including Components 
and Integrated Circuits Used Therein; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 1, 1998, under section 
337 of

[[Page 910]]

the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of 
Microchip Technology Inc., 2355 W. Chandler Blvd., Chandler, Arizona 
85224-6199. A supplement to the Complaint was filed on December 21, 
1998. 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 code 
hopping remote control systems, including components and integrated 
circuits used therein, by reason of infringement of claims 1, 2, 4, 5, 
11, 13, 23, 24, 25, 28, 30, 33, 38, 39 and/or 40 of U.S. Letters Patent 
5,517,187. 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 permanent cease and desist orders.

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. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.

    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 (1998).

Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 30, 1998, 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 code hopping 
remote control systems, including components and integrated circuits 
used therein, by reason of infringement of claims 1, 2, 4, 5, 11, 13, 
23, 24, 25, 28, 30, 33, 38, 39 or 40 of U.S. Letters Patent 5,517,187. 
The complaint further alleges that 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--Microchip Technology Incorporated, 2355 W. 
Chandler Blvd., Chandler, Arizona 85224-6199.
    (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:

Chamberlain Group Inc., 845 Larch Avenue, Elmhurst, Illinois 60126
Sears Roebuck & Company, 3333 Beverly Road, Hoffmann Estates, Illinois 
60179
    (c) Juan Cockburn, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris 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. Secs. 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 complaint 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 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 
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.

    Issued: December 31, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-251 Filed 1-5-99; 8:45 am]
BILLING CODE 7020-01-P