[Federal Register Volume 66, Number 55 (Wednesday, March 21, 2001)]
[Notices]
[Pages 15887-15888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7016]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-454]


In the Matter of Certain Set-Top Boxes and Components Thereof; 
Notice of Investigation

AGENCY: 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 14, 2001, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Gemstar-TV Guide International, Inc. of Pasadena, California and 
StarSight Telecast, Inc. of Fremont, California. A supplement to the 
complaint was filed on March 7, 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 set-top boxes and components thereof by 
reason of infringement of claims 18-24, 26, 27, 28, 31, 32, 33, 36, 42, 
43, 48-51, 54, 57-61, and 66 of U.S. Letters Patent 4,706,121; claims 
1-5 and 10-14 of U.S. Letters Patent 5,253,066; claims 1, 3, 8, and 10 
of U.S. Letters Patent 5,479,268; and claims 14-17, 19, and 31-35 of 
U.S. Letters Patent 5,809,204. The complaint further alleges that there 
exists an industry in the United States 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: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2571.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec. 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 14, 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 set-top 
boxes or components thereof by reason of infringement of claims 18-24, 
26, 27, 28, 31, 32, 33, 36, 42, 43, 48-51, 54, 57-61, or 66 of U.S. 
Letters Patent 4,706,121; claims 1-5 or 10-14 of U.S. Letters Patent 
5,253,066; claims 1, 3, 8, or 10 of U.S. Letters Patent 5,479,268; or 
claims 14-17, 19, or 31-35 of U.S. Letters Patent 5,809,204; 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 complainants are--

Gemstar-TV Guide International, Inc.
135 North Los Robles Avenue
Suite 800
Pasadena, California 91101

StarSight Telecast, Inc.
39650 Liberty Street
Fremont, California 94538

    (b) The respondents are the following companies upon which the 
complaint is to be served--

Pioneer Corporation
4-1, Meguro 1-chome
Meguro-ku
Tokyo 153-8654
Japan

Pioneer North America, Inc.
2265 East 220th Street
Long Beach, California 98010

Pioneer Digital Technologies, Inc.
6170 Cornerstone Court
East San Diego, California 92121

Pioneer New Media Technologies, Inc.
2265 East 220th Street
Long Beach, California 98010

Scientific-Atlanta, Inc.
One Technology Parkway, South
Norcross, Georgia 30092-2967

EchoStar Communications Corporation
5701 South Santa Fe Drive
Littleton, Colorado 80120

SCI Systems, Inc.
2101 West Clinton Avenue
Huntsville, Alabama 35805

    (c) Thomas S. Fusco, Office of Unfair Import Investigations, U.S. 
International Trade Commission, 500 E Street, S.W., Room 401-O, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Debra 
Morriss 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 Sec. 210.13 of 
the Commission's rules of practice and

[[Page 15888]]

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 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.

    By order of the Commission.

    Issued: March 15, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-7016 Filed 3-20-01; 8:45 am]
BILLING CODE 7020-02-P