[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Notices]
[Pages 19876-19877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8401]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-506]


In the Matter of Certain Optical Disk Controller Chips and 
Chipsets and Products Containing Same, Including DVD Players and PC 
Optical Storage Devices; 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 March 11, 2004, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Zoran Corporation and Oak Technology, Inc., both of Sunnyvale, 
California. Three letters supplementing the complaint were filed on 
March 29 and March 30, 2004. 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 optical disk controller chips and chipsets and 
products containing same, including DVD players and PC optical storage 
devices, by reason of infringement of claims 1-12 of U.S. Patent No. 
6,466,736, claims 1-3 of U.S. Patent No. 6,584,527, and claims 1-35 of 
U.S. Patent No. 6,546,440. 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 permanent cease and desist orders.

ADDRESSES: The complaint and supplemental letters, except for any 
confidential information contained therein, are 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

[[Page 19877]]

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) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2606.

    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 (2003).

    Scope of Investigation: Having considered the complaint the U.S. 
International Trade Commission, on April 6, 2004, 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 optical disk 
controller chips or chipsets or products containing same, including DVD 
players and PC optical storage devices, by reason of infringement of 
claims 1-12 of U.S. Patent No. 6,466,736, claims 1-3 of U.S. Patent No. 
6,584,527, or claims 1-35 of U.S. Patent No. 6,546,440, 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--
    Zoran Corporation, 1390 Kifer Road, Sunnyvale, CA 94086-5305;
    Oak Technology, Inc., 1390 Kifer Road, Sunnyvale, CA 94086-5305.
    (b) The respondents are the following companies alleged to be in 
violation of section 337 and upon which the complaint is to be served:
    ASUSTek Computer, Inc., 150 Li-Te Road, Peitou, Taipei, Taiwan 112;
    Creative Technology, Ltd., 31 International Business Park, Creative 
Resource, Singapore 609921, Republic of Singapore;
    Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, California 
95035;
    Jiangsu Shinco Electronic Group Co., Ltd., 5 Waihuan Road, 
Changzhou, Jiangsu, China 213022;
    LITE-ON Information Technology Corporation, 14F, No. 392, Ruey 
Kuang Road, Neihu, Taipei 114, Taiwan;
    MediaTek, Inc., 5F, No. 1-2, Innovation Road 1, Science-Based 
Industrial Park, Hsin-Chu City, Taiwan 300;
    Mintek Digital, 4195 E. Hunter Ave., Anaheim, California 92807;
    Shinco International AV Co., Ltd., Rm 1503, Kinox Center, 9 Hung To 
Road, Ngau Tau Kok, Kowloon, Hong Kong;
    TEAC Corporation, 3-7-3 Naka-Cho, Musashino-shi, Tokyo 180-8550, 
Japan;
    TEAC America, Inc., 7733 Telegraph Road, Montebello, California 
90640;
    Terapin Technology Corporation, 76 Playfair Rd 04-03 Block 
2, LHK2 Building, Singapore 367996, Republic of Singapore;
    Terapin Technology, 1430 Valwood Parkway, Suite 110, Carrollton, 
Texas 75006.
    (c) Karin J. Norton, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-A, 
Washington, DC 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), 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 a response 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 such respondent.

    By order of the Commission.

    Issued: April 8, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-8401 Filed 4-13-04; 8:45 am]
BILLING CODE 7020-02-P