[Federal Register Volume 67, Number 93 (Tuesday, May 14, 2002)]
[Notices]
[Pages 34472-34473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11970]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-471]


Certain Data Storage Systems and Components Thereof; 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 11, 2002, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
EMC Corporation of Hopkinton, Massachusetts. Letters supplementing the 
complaint were filed on April 12 and 15, and May 6, 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 data storage systems and 
components thereof by reason of infringement of claims 1-4 and 6-17 of 
U.S. Letters Patent 5,742,792, claims 1-4 and 9-13 of U.S. Letters 
Patent 5,544,347, claims 1, 2, 8, 9, 15, 21, and 22 of U.S. Letters 
Patent 6,092,066, claims 1-10 of U.S. Letters Patent 6,101,497, claims 
5-8 of U.S. Letters Patent 6,108,748, and claims 1-4, 9, 11-13, 15, 17, 
19, 21-23, 26, 28-30, 33-36, 42-44, 51-53, 60, 61, 65, 68, 69, 73, 76, 
77, and 81 of U.S. Letters Patent 5,909,692. The complaint further 
alleges that an industry in the United States exists 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 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: Karin J. Norton, Esq., or Thomas S. 
Fusco, Esq., Office of Unfair Import Investigations, U.S. International 
Trade Commission, telephone 202-205-2606 and 202-205-2571, 
respectively.
    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 8, 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 data 
storage systems or components thereof by reason of infringement of 
claim 1-4, 6-16, or 17 of U.S. Letters Patent 5,742,792, claim 1-4, 9-
12, or 13 of U.S. Letters Patent 5,544,347, claim 1, 2, 8, 9, 15, 21, 
or 22 of U.S. Letters Patent 6,092,066, claim 1-9 or 10 of U.S. Letters 
Patent 6,101,497, claim 5, 6, 7, or 8 of U.S. Letters Patent 6,108,748, 
and claim 1-4, 9, 11-13, 15, 17, 19, 21-23, 26, 28-30, 33-36, 42-44, 
51-53, 60, 61, 65, 68, 69, 73, 76, 77, or 81 of U.S. Letters Patent 
5,909,692, 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 complainant is--EMC Corporation, 171 South Street, 
Hopkinton, MA 01748-9103.
    (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-
8010, Japan; Hitachi Data Systems Corporation, 750 Central Expressway, 
Santa Clara, CA 95050-2627.
    (c) Karin J. Norton, Esq., and Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 500 
E Street, SW., Suite 401, Washington, DC 20436, who shall be the 
Commission investigative attorneys, 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 Secs. 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

[[Page 34473]]

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.

    Issued: May 9, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-11970 Filed 5-13-02; 8:45 am]
BILLING CODE 7020-02-P