[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Page 64411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26481]



[[Page 64411]]

=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-481]


Certain Display Controllers With Upscaling Functionality and 
Products Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 17, 2002, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Genesis Microchip (Delaware), Inc. of Alviso, California. A 
letter supplementing the complaint was filed on October 4, 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 display 
controllers with upscaling functionality and products containing same 
by reason of infringement of claims 1-3, 5, 6, 9-13, 16-23, 25, 26, 30-
36, 38, 39, 41, 42, 44, 45, and 47-55 of U.S. Letters Patent 5,739,867. 
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 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: James B. Coughlan, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2221.

    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 (2002).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on October 10, 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 display 
controllers with upscaling functionality or products containing same by 
reason of infringement of one or more of claims 1-3, 5, 6, 9-13, 16-23, 
25, 26, 30-36, 38, 39, 41, 42, 44, 45, and 47-55 of U.S. Letters Patent 
5,739,867, 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--

Genesis Microchip (Delaware), Inc., 2150 Gold Street, Alviso, 
California 94002.

    (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:

Media Reality Technologies, Inc., 767 North Mary Avenue, Sunnyvale, 
California 94086.
SmartASIC, Inc., 525 Race Street, San Jose, California 95126.
Trumpion Microelectronics, Inc., 11F, No. 17 Chien-Teh, Rd., Sec. 1, 
Taipei, Taiwan.

    (c) James B. Coughlan, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-L, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock 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 that respondent.

    Issued: October 11, 2002.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-26481 Filed 10-17-02; 8:45 am]
BILLING CODE 7020-02-P