[Federal Register Volume 65, Number 29 (Friday, February 11, 2000)]
[Notices]
[Page 7059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3243]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-428]


Certain Integrated Circuit Chipsets and Products Containing Same; 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 6, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Intel Corporation, 2200 Mission College Boulevard, Santa Clara, 
California 95052-8119. A supplemental complaint was filed on January 
20, 2000. 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 integrated circuit chipsets and products containing same by 
reason of infringement of claims 1-3 and 15-16 of U.S. Letters Patent 
5,333,276, claims 1-4, 10, 15, 22, 27-30, 36-37, 44-45, and 49 of U.S. 
Letters Patent 5,740,385, claims 1-12 and 28-48 of U.S. Letters Patent 
5,581,782, and claims 1-31 of U.S. Letters Patent 5,548,733. 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 the 
investigation, issue a permanent exclusion order and permanent cease 
and desist orders.

ADDRESSES: The complaint and supplemental complaint, 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 202-205-2000. 
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: Shival P. Virmani, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2568.

    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 CFR 210.10 (1999).

Scope of Investigation

     Having considered the complaint, the U.S. International Trade 
Commission, on February 4, 2000, 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 integrated 
circuit chipsets or products containing same by reason of infringement 
of claims 1-3 or 15-16 of U.S. Letters Patent 5,333,276, claims 1-4, 
10, 15, 22, 27-30, 36-37, 44-45, or 49 of U.S. Letters Patent 
5,740,385, claims 1-12 or 28-48 of U.S. Letters Patent 5,581,782, or 
claims 1-31 of U.S. Letters Patent 5,548,733, 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 complainant is--Intel Corporation, 2200 Mission College 
Boulevard, Santa Clara, California 95052-8119.
    (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:

VIA Technologies, Inc., 8F, 533 Chung-Chen Road, Hsin-Tien, Taipei, 
Taiwan
VIA Technologies, Inc., 1045 Mission Court, Fremont, California 94539
First International Computer, Inc., 6F, Fermosa Plastics Rear Building, 
201-24, Tun Hwa North Road, Taipei, Taiwan,First International Computer 
of America, Inc., 5070 Brandin Court, Fremont, California 94538
Everex Systems, Inc., 5020 Brandin Court, Fremont, California 94538

    (c) Shival P. Virmani, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-J, Washington, D.C. 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (4) 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 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no 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 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 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: February 7, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-3243 Filed 2-10-00; 8:45 am]
BILLING CODE 7020-02-P