[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Pages 31369-31370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11621]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-470]


In the Matter of Certain Semiconductor Memory Devices 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 April 8, 2002, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Mosel Vitelic Inc. of Hsinchu, Taiwan and Mosel Vitelic Corp. of San 
Jose, California. A supplement to the complaint was filed on April 25, 
2002. 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 
semiconductor memory devices and products containing same by reason of 
infringement of claims 1, 2, 4, 5, 7-10, 12, and 14 of U.S. Letters 
Patent 5,452,261, claims 12-14, 20, 21, 23, 28, and 29 of U.S. Letters 
Patent 5,412,257, and claims 1, 2, and 4-8 of U.S. Letters Patent 
5,917,214. The complaint further alleges that an industry in the United 
States exists or is in the process of being established 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, 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 ADD 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: 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 (2001).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 2, 2002, 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 
semiconductor memory devices or products containing same by reason of 
infringement of claims 1, 2, 4, 5, 7-10, 12, or 14 of U.S. Letters 
Patent 5,452,261, claims 12-14, 20, 21, 23, 28, or 29 of U.S. Letters 
Patent 5,412,257, and claims 1, 2, 4, 5, 6, 7, or 8 of U.S. Letters 
Patent 5,917,214, and whether an industry in the United States exists 
or is in the process of being established 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: Mosel Vitelic Inc., No. 19, Li Hsin Road, 
Science-Based Industrial Park, Hsinchu, Taiwan, Mosel Vitelic Corp., 
3910 North First Street, San Jose, California 95134.
    (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: Hitachi, Ltd., 6 Kanda Surugadai 4-chome, Chiyoda-ku, 
Tokyo, 101-10 Japan; Hitachi Semiconductor (America) Inc., 179 East 
Tasman Dr., San Jose, California 95134; Elpida Memory, Inc., Sumitomo 
Seimei Yaesu Bldg. 3F, 2-1 Yaesu 2-chome, Chuo-ku, Tokyo, Japan,; 
Elpida Memory (USA) Inc., 2001 Walsh Avenue, Santa Clara, California 
95050.
    (c) Shival P. Virmani, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-J, Washington, DC 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 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the

[[Page 31370]]

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 that 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 that respondent.

    By order of the Commission.

    Dated: Issued: May 6, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-11621 Filed 5-8-02; 8:45 am]
BILLING CODE 7020-02-P