[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Notices]
[Pages 30356-30357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14526]


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INTERNATIONAL TRADE COMMISSION


In the Matter of Certain Enhanced DRAM Devices Containing 
Embedded Cache Memory Registers, Components Thereof, and Products 
Containing Same; Notice of Investigation

[Inv. No. 337-TA-421]
AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint and motion for 
temporary relief were filed with the U.S. International Trade 
Commission on April 29, 1999, under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Enhanced Memory 
Systems, Inc., 1850 Ramtron Drive, Colorado Springs, Colorado 80921. An 
amended complaint and a supplementary letter were filed on May 25, 
1999. The complaint, as amended and 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 enhanced DRAM devices containing embedded cache memory 
registers, components thereof, and products containing same by reason 
of infringement of claims 26 and 27 of U.S. Letters Patent 5,721,862, 
and claims 2, 6, 17, 18 and 27-31 of U.S. Letters Patent 5,887,272. 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.
    The motion for temporary relief requests that the Commission issue 
a temporary limited exclusion order and temporary cease and desist 
orders prohibiting the importation into and the sale within the United 
States after importation of certain enhanced DRAM devices containing 
embedded cache memory registers, components thereof, and products 
containing same that infringe claim 26 of U.S. Letters Patent 
5,721,862, and claim 27 of U.S. Letters Patent 5,887,272, 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

[[Page 30357]]

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: James B. Coughlan, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2221.

    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. The authority for provisional 
acceptance of the motion for temporary relief is contained in 
section 210.58, 19 C.F.R. Sec. 210.58.

Scope of Investigation

    Having considered the complaint and the motion for temporary 
relief, the U.S. International Trade Commission, on June 2, 1999, 
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 enhanced 
DRAM devices containing embedded cache memory registers, components 
thereof, or products containing same by reason of infringement of 
claims 26 or 27 of U.S. Letters Patent 5,721,862, or claims 2, 6, 17, 
18, 27, 28, 29, 30 or 31 of U.S. Letters Patent 5,887,272, 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 Rules of 
Practice and Procedure, 19 C.F.R. Sec. 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, is 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--Enhanced Memory Systems, Inc., 1850 Ramtron 
Drive, Colorado Springs, Colorado 80921.
    (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:

NEC Corporation, 7-1, Shiba 5-chome Minato-ku, Tokyo 108-8001, Japan
NEC Electronics, Inc., 2880 Scott Blvd., Santa Clara, California 95050-
8062
NEC USA, Inc., 8 Corporate Center Drive, Melville, New York 11747

    (c) James B. Coughlan, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-L, Washington, D.C. 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (4) For the investigation and temporary relief proceedings so 
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 section 210.13 and 210.59 of the Commission's Rules of 
Practice and Procedure, 19 C.F.R. Secs. 210.13 and 210.59. Pursuant to 
sections 201.16(d), 210.13(a), and 210.59 of the Commission's Rules, 19 
C.F.R. Secs. 201.16(d), 210.13(a), and 210.59, 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: June 3, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-14526 Filed 6-4-99; 8:45 am]
BILLING CODE 7020-20-P