[Federal Register Volume 66, Number 48 (Monday, March 12, 2001)]
[Notices]
[Pages 14421-14422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6077]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-451]


In the Matter of Certain CMOS Active Pixel Image Sensors and 
Products Containing Same; Notice of Investigation

AGENCY: US 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 February 7, 2001, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Photobit Corporation and the California Institute of Technology, both 
of Pasadena, California. A supplement to the complaint was filed on 
February 27, 2001. 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 CMOS active pixel image sensors and products containing same by 
reason of infringement of claims 1 and 2 of U.S. Letters Patent 
5,841,126, claims 15-19 of U.S. Letters Patent 5,990,506, and claims 6-
8 and 31 of U.S. Letters Patent 6,005,619. The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

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, SW., Room 112, 
Washington, DC 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 also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, 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 CFR 210.10 (2000).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 5, 2001, 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 CMOS active 
pixel image sensors or products containing same by reason of 
infringement of claims 1 or 2 of U.S. Letters Patent 5,841,126, claims 
15-19 of U.S. Letters Patent 5,990,506, or claims 6-8 or 31 of U.S. 
Letters Patent 6,005,619, and whether an industry in the United States 
exists 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 complainants are:

Photobit Corporation, 135 North Los Robles Avenue, Pasadena, CA 91101
California Institute of Technology, 1200 East California Boulevard, 
Pasadena, CA 91125

    (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:

Omnivision Technologies, Inc., 930 Thompson Place, Sunnyvale, CA 94086
Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, CA 95035
X10 Wireless Technology Inc., 15200 52nd Avenue South, Seattle, WA 
98188

    (c) David O. Lloyd, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401M, 
Washington, D.C. 20436, who shall be the Commission investigative 
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 CFR 210.13. 
Pursuant to 19 CFR 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 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.


[[Page 14422]]


    Issued: March 6, 2001.

    By order of the Commission.
 Donna R. Koehnke,
Secretary.
[FR Doc. 01-6077 Filed 3-9-01; 8:45 am]
BILLING CODE 7020-02-P